Maintaining Perm Resident Status

[LupineChemist 1]

So I am thinking of taking a job in my wife country. She is currently in AOS proceedings (just did biometrics) and I was wondering if this means they will take away her status. I plan on maintaining our bank accounts (probably transferring to my parents address for easier government). I also maintaining credit cards is a helpful step. We are just married, so she would have to renew in a couple years overseas. I really don't want to have just spent $1500 for very little benefit. We'd also like to always maintain the flexibility to go back and forth between countries quickly.

Clearly I would be working under a local contract, not as an expatriate. I also have US student loans that I wanted to pay off quickly, but I thought it may help to keep paying slowly in order to show links to the US. Basically my question is how likely are they to strip spouses of their I-551 for going back?

Also, I'd clearly want to have any small children in her country as the benefits for mothers and families in general are much more generous. So would having a child at some point complicate matters?

[NikLR 13,227]

*** moved to general discussion from IR-1/CR-1 process and procedures ***

If she spends more time out of the USA than in the USA she loses her status and you wasted your money. For you to be together while you work outside the USA you would have to wait for her to be a citizen. If you just wanted to live in her country you could have saved a lot of time and effort by moving there. If you both leave and she goes out of status, you'd have to reapply via the IR-1/CR-1 visa route.

[LupineChemist 1]

*** moved to general discussion from IR-1/CR-1 process and procedures ***

If she spends more time out of the USA than in the USA she loses her status and you wasted your money. For you to be together while you work outside the USA you would have to wait for her to be a citizen. If you just wanted to live in her country you could have saved a lot of time and effort by moving there. If you both leave and she goes out of status, you'd have to reapply via the IR-1/CR-1 visa route.

I know those are the rules, I was just wondering if they actually look at circumstances. I was actually living there and came back to the US for a job opportunity. I have a very international job, so things pop up all over the world. I was really hoping we weren't going to be out that money. I was just hoping they aren't too firm about it. Especially with the cozy relationship between Europe and the US.

I know it's not our place to complain, but why even call it a "permanent" status then? It just seems ridiculous that it will cost at least a grand every time we want to come back for any sort of time with a citizen spouse and eventually citizen children. Wheras it's something like EDIT: €10.40 (Just looked) €35 for my residency card there and I'm good to go. This is exactly the sort of government policy that leads to someone not wanting to stay and contribute to US society.

Frustrating all around.

Edited July 11, 2013 by LupineChemist

[NikLR 13,227]

They don't care about circumstances unless you're military, because they own you if you're military. If she wanted to be a US legal permanent resident, she has to live in the USA. As it is, once her AOS is finished she will be a conditional permanent resident, like me. After filing removal of conditions will she be considered a permanent resident with a 10 year green card. Once she is a citizen, she can move in and out of the USA all she wants. It takes 3 years and living in the USA, married to the sponsored USC, to become a USC. Maybe your move back to Spain can wait it out?

Edited July 11, 2013 by NikiR

[LupineChemist 1]

They don't care about circumstances unless you're military, because they own you if you're military. If she wanted to be a US legal permanent resident, she has to live in the USA. As it is, once her AOS is finished she will be a conditional permanent resident, like me. After filing removal of conditions will she be considered a permanent resident with a 10 year green card. Once she is a citizen, she can move in and out of the USA all she wants. It takes 3 years and living in the USA, married to the sponsored USC, to become a USC. Maybe your move back to Spain can wait it out?

Well paying jobs in Spain are limited opportunities at the moment.

Honestly, stuff like this would keep me from wanting to move back to the US. When comparing, it's just the US seems so much less welcoming. I mean, I generally like it here, but when deciding between countries one charges exorbitant amounts of money for a "permanent" status that isn't actually permanent and takes a long time to do the processing. And deciding where to establish a family, you'd better hope you can establish a job long enough to get just 3 months of maternity leave. Want to actually spend time with your kid after that? Better work for several years just to get an extra week vacation. Maybe when they're a teenager you can get enough time off to be only a week less of what is mandated elsewhere.

I basically see it as global market and living in the US is starting to look more and more like paying more for an inferior product. Frankly, I absolutely would consider permanently emigrating just to avoid all this. Oh yeah, and if I do well for myself, I'll owe the US government more money just for the sole reason of having a US passport, despite the US having nothing to do with it.

I'm not even mentioning health care in this mess.

Sorry for the rant. Obviously not anything personal toward you. Just horribly frustrated with the situation and that it doesn't look like absolutely anything can get done in the US government to even begin to fix it.

[Dave&Roza 748]

I know it's not our place to complain, but why even call it a "permanent" status then? It just seems ridiculous that it will cost at least a grand every time we want to come back for any sort of time with a citizen spouse and eventually citizen children. Wheras it's something like EDIT: €10.40 (Just looked) €35 for my residency card there and I'm good to go. This is exactly the sort of government policy that leads to someone not wanting to stay and contribute to US society.

Frustrating all around.

It is called permanent because the immigrant is to remain IN the US permanently--not come and go. That is what a tourist visa is for. You can look at the LPR rules and as long as you both are maintaining ties to the US (FILING taxes in the US is a big one here) and she is not outside for more than one year and this job is not for several years. it can be done. You can apply for a re-entry permit BEFORE leaving the US. This will give you up to two years to be outside the US. If the time required is more than that, she can return using the re-entry permit and remain in the US and depending on how much longer this job is will determine your next course of action. Of course she can give up her GC and travel to the US on the VWP and then you apply for the GC when you both are going to remain in the US for an extended period of time--maybe long enough for her to get citizenship.

Good luck,

Dave

[der_ingenieur 1]

There are many good reasons for staying in the U.S. As to the subject of Permanent Residency: I totally agree, if you want to enjoy the privileges associated with LPR status, you have to have your permanent residence here. That's it. The rules are quite open - if you don't agree, no one makes you stay here. This is a country with incredible opportunity and individual freedom. Is it better in every possible aspect, compared to every other possible place on this planet? No. You have to weigh the pros and cons for yourself, we can't do that for you.

I am not entirely familiar with your situation, but if you are U.S. citizen (?), and you want to live abroad for a while in your wife's native country - that is great, and I think it can be a great experience. In that case, you can always bring her back, get a new visa for her, get a Greencard for her, and eventually she can become a citizen. However, all these things don't come free, aside from fees and all. If you make a committment to this country, they allow you to be here and live a good life.

Don't spend the money if you want to move to Spain - however, I would be very cautious attempting to cheat the system by using the LPR status merely as a travel document. It might actually harm your ability to get a visa for her in the future.

That is my two cents, this thing that you write about global market does not make sense to me. You are welcome to disagree.

Well paying jobs in Spain are limited opportunities at the moment.

Honestly, stuff like this would keep me from wanting to move back to the US. When comparing, it's just the US seems so much less welcoming. I mean, I generally like it here, but when deciding between countries one charges exorbitant amounts of money for a "permanent" status that isn't actually permanent and takes a long time to do the processing. And deciding where to establish a family, you'd better hope you can establish a job long enough to get just 3 months of maternity leave. Want to actually spend time with your kid after that? Better work for several years just to get an extra week vacation. Maybe when they're a teenager you can get enough time off to be only a week less of what is mandated elsewhere.

I basically see it as global market and living in the US is starting to look more and more like paying more for an inferior product. Frankly, I absolutely would consider permanently emigrating just to avoid all this. Oh yeah, and if I do well for myself, I'll owe the US government more money just for the sole reason of having a US passport, despite the US having nothing to do with it.

I'm not even mentioning health care in this mess.

Sorry for the rant. Obviously not anything personal toward you. Just horribly frustrated with the situation and that it doesn't look like absolutely anything can get done in the US government to even begin to fix it.

Edited July 11, 2013 by der_ingenieur

[LupineChemist 1]

That is my two cents, this thing that you write about global market does not make sense to me. You are welcome to disagree.

Basically, I was referring to all the talk of trying to keep high skilled workers in the USA. I realize work visas don't have anything to do with this, but hearing that sort of rhetoric followed by the seemingly draconian processes of immigration here is even more frustrating. While I obviously dislike taxes, I'm perfectly willing to pay my price for society, but the fact that if I want to leave I would STILL have to pay tax to the US government in income tax is even more infuriating, especially because it's because I don't want to deal with the hassle it would take to be with my wife here. I shouldn't have to make a long term commitment to any country in order live with my wife! For all the headaches, I would seriously consider renunciation if I wasn't worried about passing citizenship on to children.

I am happy to contribute to society and I understand there should not be preference. I think the process should be easier for everyone for immediate relatives.

Basically I just hate hearing how they are trying to attract immigrants like my wife (and myself, but I'm a USC) and then present such an unwelcoming face. Especially when we realistically have the same sorts of economic opportunities elsewhere. So the global market is referring more to high skilled labor, but I will gladly vote with my feet and take my skills elsewhere to not worried if I will lose the right to be with the ones I love based on something like an overseas job. The fact that it is considered revocable without any sort of crime just takes away all power in the idea that the US is a country that is accepting and respectful of the family members of its citizens.

Like I said before, clearly nothing personal. I'm rather proud of my American heritage, but the policies of the government toward expats and immigrants make me really honestly consider renunciation (laughably, there's also a large fee for that).

[NikLR 13,227]

I have to say I agree with you. I will never have a child in the USA. My husband has also never wanted children so that works out for us.

If my husband wanted to move up to Canada, we could just move and apply from within Canada. You can't do that in the US because the USA is egotistical and thinks EVERYONE wants to move here and be here and it's the best friggin place in the whole world. Heck my husband even says it just like that. The US is respectful of US Citizens. That's it. It is what it is. I moved here for love. Not because I love the country but because I love a man, my soul mate. The other part of me. So I live here because such is life.

Just to add, you would have to FILE taxes with the IRS which isn't the same as paying taxes (you have to make over a certain amount for them to actually tax you on it.)

FYI there is another similar topic in Moving and Travelling during immigration you may want to check out!

Edited July 11, 2013 by NikiR

[LupineChemist 1]

The US is respectful of US Citizens. That's it. It is what it is

And that's just so long as you live within US territory. If not, it's assuming you are trying to escape tax obligations / protesting. The fact that if you explicitly say you want to renounce for purposes of avoiding tax (that may be perfectly legitimate to not want to pay to a government where you neither make/store/distribute money) they can legally ban you from returning home for that specific reason. And while the exemption is enough for me now, I will probably be within the taxable range within a few years. I consider myself lucky and it's certainly a good problem to have, but it's infuriating anyway.

While I realize the US passport is a huge advantage especially when starting a career, but at some point it actually becomes a burden limiting citizens abroad. I mean, Coca Cola/McDonalds and an expat owning a bar have exactly the same tax forms to fill out for owning foreign businesses.