What happens if you leave the USA for a long time before getting citizenship?

[globetrotter 0]

So, I entered on a K1 visa and am waiting for AOS right now. Until now our plans had been to stay in the USA for the next few years which is why we have started down this route. Now we are considering (only considering mind) the idea of my husband taking up a job opportunity to work for a USA organization (could be either governement or non-government) but living abroad. We do both work in International Development so life gets a little complicated sometimes.

I know that if we did this we would probably have to abandon my green card as I could not get a permanent green card or citizenship if I have been living outside the USA for a long time - right?

So my questions are:

If I did abandon the process is it better to do so before or after getting AOS?

How easy would it be to start the process again in future? At what stage would we start? Would it be held against us that we abandoned the process early before?

If anyone has eny experience or knowledge in this area I would like to hear from you.

Thanks

Maggie

Edited January 25, 2007 by globetrotter

[nscvet 0]

So, I entered on a K1 visa and am waiting for AOS right now. Until now our plans had been to stay in the USA for the next few years which is why we have started down this route. Now we are considering (only considering mind) the idea of my husband taking up a job opportunity to work for a USA organization (could be either governement or non-government) but living abroad. We do both work in International Development so life gets a little complicated sometimes.

I know that if we did this we would probably have to abandon my green card as I could not get a permanent green card or citizenship if I have been living outside the USA for a long time - right?

So my questions are:

If I did abandon the process is it better to do so before or after getting AOS?

How easy would it be to start the process again in future? At what stage would we start? Would it be held against us that we abandoned the process early before?

If anyone has eny experience or knowledge in this area I would like to hear from you.

Thanks

Maggie

I had a similar question and could not seem to find anyone who had abandoned ship in the middle of the process so I consulted an immigration attorney friend. He told me it was no big deal. We could come here on visits and that if my wife turned in her green card to one of our embassies or consulates it would make it easier for her to obtain a U.S. visitor visa in the future. That is not a problem for a citizen of the U.K. but it can be a big problem for someone from SE Asia. Furthermore, if down the line we decided we did wish to live in America, we could apply for DCF which is much faster than the K-3 process. Since we would have been married for more than two years at that filing she would be issued the 10 year green card and we would not have to go thru all the hassles of filing, waiting for NOAs, etc. I jumped at the prospect but my wife wouldn't go for it. She figures we have come this far and what's another few hundred months. Though this was told to me by an attorney who used to work for the INS I would still feel more comfortable about it if I could hear directly from someone who has done it. If the USC spouse is employed by an American company engaged in international trade it gets even better. Supposedly you can apply for citizenship at the same time you apply for the green card. I don't know how that works. I knew someone who was doing it but we lost touch with each other.

[globetrotter 0]

Thank you NSCVET- interesting. Anyone else? Maybe I should also post under DCF forum...

[caitlino 0]

Thank you NSCVET- interesting. Anyone else? Maybe I should also post under DCF forum...

No advice on this, but also curious. We're slightly farther along (my husband's green card is in the mail), and I have a job offer that would take us to the UK before he'll be eligible to have his conditional status lifted. I wonder how you go about turning the green card in officially so that it doesn't look like you've just left the country and abandoned your case?

[ridley 0]

We had considered something like this. When I asked about it on these boards, there was some speculation that leaving the country would constitute abandonment of legal permanent residency, and could potentially make it harder to regain permanent residency down the road.

The point that's been brought up about turning in the green card is probably an important one here, and one I'd like to know more about, as well.

[diadromous mermaid 36]

Thank you NSCVET- interesting. Anyone else? Maybe I should also post under DCF forum...

No advice on this, but also curious. We're slightly farther along (my husband's green card is in the mail), and I have a job offer that would take us to the UK before he'll be eligible to have his conditional status lifted. I wonder how you go about turning the green card in officially so that it doesn't look like you've just left the country and abandoned your case?

If a permanent resident status has already been acquired, abandonment would be done by filing form I-407.

See, http://london.usembassy.gov/dhs/uscis/abandon.html

If the AOS process is still pendingh, withdrawing the application with an explanation that the alien is going to be residing once more abroad should suffice.

[Reba 2]

DCF is no longer an option either, that having been stopped by USCIS at all foreign embassies apparently. AFAIK, you'd have to start from scratch once you're out of the country for more than 6 months I think. (don't quote me on that, but its something like 6 months to a year). IF you already have your 10 year green card in hand. If not, then I think you're SOL.

[globetrotter 0]

well, should we come to the stage of serously thinking about moving away for a year or two I will consult an attorney and let you all know what happens... for now I just keep checking the status of my AOS .....

[globetrotter 0]

FYI - I posted this question under DCF and got this interesting reply.....

Maggie

EXPEDITED NATURALIZATION FOR SPOUSES OF U.S. CITIZENS WORKING OVERSEAS

Section 319( of the Immigration and Nationality Act allows a spouse of a US citizen who is employed in certain capacities overseas to expeditiously apply for citizenship. The provision completely waives the residence and physical presence requirements for the spouse.

In order for the spouse to qualify for naturalization under Section 319(, the citizen spouse must be “regularly stationed abroad” in the employment of the US government, US institutions of research as recognized by the Attorney General (8 C.F.R. Section 316.20(a)), a US corporation (or subsidiary) in the development of foreign trade or commerce of the US or if the citizen spouse is performing ministerial or missionary functions on behalf of a bona fide US organization.

The regulations at 8 Code of Federal Regulations (C.F.R.), implementing Section 319(, provide more clarity. The citizen spouse need not be permanently assigned abroad, but at the same time the assignment need not be short or casual. The citizen spouse can still be in the US at the time of the other spouse’s naturalization if he or she is proceeding abroad for not less than one year pursuant to an employment contract or orders. 8 C.F.R. Section 319.2(a)(1).

more at http://www.cyrusmehta.com/News.aspx?SubIdx...=9&Year=All

Although the physical presence and continuous presence requirements are waived, the non-citizen spouse must still be a permanent resident. 8 C.F.R. Section 319.2(a)(2). This provision is immensely useful for spouses of US citizens who are employed for subsidiaries or branches of US corporations in other countries. The non-citizen spouse need not remain in the US to meet the three years of continuous residence before filing Form N-400, out of which at least half the time must have been spent physically in the US, as mandated under Section 319(a) of the Immigration and Nationality Act.

The eligible spouse has to file Form N-400, which can be done from overseas too, with the appropriate Service Center. The Service Center will schedule the fingerprint appointment at the appropriate US embassy or consulate overseas. The spouse can designate any USCIS office for a naturalization interview. It is best to designate an USCIS office that can conduct the interview and the oath on the same day, such as USCIS, Newark, NJ.

Once the interview is scheduled, the spouse will have to travel to the US for the interview and present evidence that he or she is indeed the spouse of an US citizen who is working overseas under the aforementioned criteria. Thus, if the citizen spouse is working for a subsidiary of an US entity overseas, proof has to be established that the overseas entity is indeed a subsidiary of a US corporation that is engaged in the foreign trade or commerce of the US. The non-citizen spouse will also have to declare in good faith at the time of the interview that he or she intends to reside with the citizen spouse abroad within 30-45 days after the naturalization and that she will take up residence within the US immediately upon the termination of the citizen spouse’s employment abroad. The non-citizen spouse is also required to notify the USCIS of any changes, such as cancellation of the citizen’s engagement abroad or if he or she is unable to reside overseas because the citizen spouse is employed abroad in an area of hostilities where dependants may not reside.

The non-citizen spouse must also be a person of good moral character, attached to the principles of the Constitution of the US, and favorably disposed toward the good order and happiness of the US, as well as comply with all the other requirements for naturalization except for the physical presence and continuous residence requirements. 8 C.F.R. Section 319.2(a)(3)(6). There appears to be no time requirement for the person to demonstrate good moral character under Section 319(.

A person is ineligible for this benefit if the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant’s admission into citizenship, even though the applicant subsequently marries another US citizen. 8 C.F.R. Section 319.2©.