Has anyone abandonned a green card and then later applied via DCF?

[globetrotter 0]

So, I entered the USA 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 (the USC) taking up a job opportunity to work for a USA organization but working abroad (could be either governement or non-government). 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:

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? Or would having had a GC in the past actually help the process?

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

Thanks, Maggie

[Dr. Obvious 49]

I am not sure of the answer to all your questions, but DCF is no longer an option if you do indeed have to go through the process again. See this thread: http://www.visajourney.com/forums/index.php?showtopic=51238 .

[globetrotter 0]

I just saw that after posting this - so, if DCF is no longer an option what is the route when both USC and spouse live overseas?

[Dr. Obvious 49]

K-3 or CR-1/IR-1. It looks like you would still file with the service center that serves your country though, just not with the embassy or consulate. It will still take much longer. Here is a list of USCIS service centers abroad. https://egov.immigration.gov/crisgwi/go?act....office_type=OS

Edited January 26, 2007 by Wacken

[payxibka 10,045]

I just saw that after posting this - so, if DCF is no longer an option what is the route when both USC and spouse live overseas?

DCF appears for the moment not an option. It is unclear how this will all shake out. The question remains how this is going to affect those non-resident US Citizens who live in a country that has a USCIS sub-office. I am sure it will be a few days yet until they understand themselves.

[Yodrak 7]

Maggie,

Your I-485 has been transferred to the CSC? Almost 2 months ago? You may get lucky and become a LPR soon.

Being abroad for work will not necessarily cause you to lose your LPR status. What is critical is that you take steps to maintain your primary place of residence, which you do not intend to abandon, in the USA. There is a page on the USCIS web site that discusses this and contains some examples of things that are taken into consideration. This is a very subjective issue, try to find an immigration attorney who has experience with abandonment and have a consultation to discuss what you might do given the specifics of your proposed situation.

See the Guide To Naturalization booklet on the USCIS web site to learn about the physical presence and time in country requirements for citizenship. Moving abroad probably will push out the date that you could become eligible.

Yodrak

So, I entered the USA 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 (the USC) taking up a job opportunity to work for a USA organization but working abroad (could be either governement or non-government). 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?

.....

Thanks, Maggie

[globetrotter 0]

There is a page on the USCIS web site that discusses this and contains some examples of things that are taken into consideration. This is a very subjective issue, try to find an immigration attorney who has experience with abandonment and have a consultation to discuss what you might do given the specifics of your proposed situation.

Thyank Yodrak - do you have a link to this page? I have tried looking on the USCIS web site but do not find it easy to find anything there.....

Maggie

[Yodrak 7]

Maggie,

I do not have a link. And I agree - finding things on the new USCIS web site is a b|tch.

In any event, I will reiterate that this is a subject that you should discuss with an immigration attorney who has experience with abandonment cases.

Yodrak

There is a page on the USCIS web site that discusses this and contains some examples of things that are taken into consideration. This is a very subjective issue, try to find an immigration attorney who has experience with abandonment and have a consultation to discuss what you might do given the specifics of your proposed situation.

Thyank Yodrak - do you have a link to this page? I have tried looking on the USCIS web site but do not find it easy to find anything there.....

Maggie

Edited January 26, 2007 by Yodrak

[meauxna 15]

There is a page on the USCIS web site that discusses this and contains some examples of things that are taken into consideration. This is a very subjective issue, try to find an immigration attorney who has experience with abandonment and have a consultation to discuss what you might do given the specifics of your proposed situation.

Thyank Yodrak - do you have a link to this page? I have tried looking on the USCIS web site but do not find it easy to find anything there.....

Maggie

Maggie, the page is called Now That You Are a Permanent Resident. You can get to it in two clicks from the uscis.gov home page or find the link in the DCF Guide or many of my posts.

[diadromous mermaid 36]

Moving abroad probably will push out the date that you could become eligible.

Yodrak

Not necessarily.

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

Section 319(B) 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(B), 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(B), 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(B).

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©.

[globetrotter 0]

wow - that was a comprehensive reply - thanks!!!

Maggie

[Yodrak 7]

diadromous mermaid,

True, not necessarily. And with more information about the potential employer there is a good chance that my "probably" would, with hindsight, turn our to be overly pessimistic.

Thanks for providing the comprehensive information.

Yodrak

Moving abroad probably will push out the date that you could become eligible.

Yodrak

Not necessarily.