Time out of country

[watdog 8]

Confused on this time out of country requirement and how they will process this.  I took a travel job with my current company as I was unemployed.  Below is a summary.

 

May 5th - moved back to Las Vegas and living with my sister

May 6th -flew to Utah and worked in Utah

June 4th -wife stopped her self employment and we went to Oregon (with the possibility of traveling to Israel to run a project for a customer)

June 5th -Applied for re-entry permit in case we get sent to Israel.

July 29th-Left Oregon to work in Israel.  Spent 150 days in Israel.

Dec 26th-Returned to Las Vegas, company requested me again to work out in Israel.  Rather than collect unemployment decided to return on January 14th.

Jan 15th-Returned to Israel, currently in Israel.  Approximately 90 days at the moment.

 

My question is how long is the max I can stay before this messes with my wife's naturalization?  My customer really needs me out here but I don't want to mess up immigration stuff as it's a pain to deal with.  Below is some more information:

1. Continue to maintain my wife's business licenses in two states for our return.

2. Continued to have cars/insurance in her name while being out of country.

3. Maintained California health care insurance while out of country.

4. Continued to put money into her US Roth retirement through her bank account.

5. Continued to pay US taxes and filing married and joint.

6. Continued to use her US bank account.

 

Basically we maintain everything in the states and only I work out here.  Thoughts on what to do? 

 

 

 

[candybabe 46]

She can only spend 180 days in a calendar year outside the country per the general consensus in order to maintain permanent resident status. Obviously you're maintaining your ties.

 

Option 1 could be for her to stay behind in the US and only come visit you for shorter periods.

Option 2 you could delay her naturalization application, while also keeping in mind her requirement for physical presence in the US each year.

Option 3 you could talk to your company and see if you can swap international job location with domestic until she has her US citizenship. I worked with a guy who was an International Sales Rep, he applied for naturalization, they told him he did not meet the time requirement, he went back to his company and switched from international markets to domestic markets....The company was very understanding.

 

To answer your question, for 2016 you two have spent 150 days outside the US.

For 2017, you would only have about 80 more days before she should return and stay the rest of the year.

 

Not sure if there are any exceptions to those rules -

 

I am not an immigration lawyer / specialist.

 

[watdog 8]

Thanks for your reply. 

 

Unfortunately, I think we are over the 80 days in already this year. 

 

Flights are roughly $1500 round trip so that would cost us a ton of money to do.  Other option is just stay out since we have the re-entry permit and just claim form 2555 and get the $15,000 back from taxes.  Meaning out of the US 330 out of 365 for the tax exemption.  This would mean that when we land it would start the 2 years and 1 day and then we could apply.  Do you happen to know if that is correct?

Regarding talking with my company, they are extremely short handed and don't have experience personnel out here.  It would require me being on unemployment until something opened up stateside.  I would get denied unemployment as I would have to terminate my work out here.  Kind of in a stuck situation but didn't know about the continuous residence aspect till last week.

[candybabe 46]

2 hours ago, watdog said:

Thanks for your reply. 

 

Unfortunately, I think we are over the 80 days in already this year. 

 

Flights are roughly $1500 round trip so that would cost us a ton of money to do.  Other option is just stay out since we have the re-entry permit and just claim form 2555 and get the $15,000 back from taxes.  Meaning out of the US 330 out of 365 for the tax exemption.  This would mean that when we land it would start the 2 years and 1 day and then we could apply.  Do you happen to know if that is correct?

Regarding talking with my company, they are extremely short handed and don't have experience personnel out here.  It would require me being on unemployment until something opened up stateside.  I would get denied unemployment as I would have to terminate my work out here.  Kind of in a stuck situation but didn't know about the continuous residence aspect till last week.

I would honestly worry about filing the 2555 while she has a GC - As a permanent resident and especially during the naturalization process, the most effective way to show continuous residency is tax transcript -

that is one item that they always look at and request -

if your joint tax transcript says you were out of the country for 330 days in a year , this could damage both her continuous residence as a GC holder and as an applicant for citizenship.

the govt loves getting their taxes so when you don't pay any or get a big refund for something like this,  it gets hairy.... they have no interest in granting permanent resident status to someone that does not reside in the country for most of the year...

 

I would presume your best option is for her to stay behind, only see each other maybe twice, three times a year while this situation lasts or until you find another job, and for her to wait until the 5 year residency because either way you will not make the 3 year rule requirements.

 

That will help her keep her GC status first and count towards the 5 years. Then she can apply at 5 years minus 90 days and get a head start on that.

 

I am not an immigration lawyer / specialist.

 

 

[watdog 8]

I understand what you are saying but below are my options since we are already out here.  We already have re-entry permit until the contract ends out here.  We still file a tax return and transcript every year. 

 

Option 1

She starts flying home at $1500 per ticket, since she can't drive it's kind of a lock down situation in vegas. 

Cons: Extreme airfare cost, she can't drive so eating and getting food becomes an issue, probably won't change our situation since we are already over the dates recommended.

Pros: May work for naturalization, doubtful from sounds of it. With 150 days last year and then 90 this year already.

 

Option 2

Quit current job

Cons: Loss of income about 100K per year.  Can't claim unemployment.  Pretty much puts us living off savings.

Pros: May work if we did it today and flew home.

 

Option 3

Stay out here till position ends, claim unemployment on return, claim 2555 and get return of all federal (Note: this is an exemption).  Use green card which we had mailed out here and re-entry permit (travel document) for return to states.  Time re-start, can apply at 2 years 1 day from landing date upon return.

Cons: May not like the 2555 document on taxes.  Would have to wait another 2 years which we may already anyway.

Pros: Still have a job.

 

We are pretty much at a loss as it seems it's better if I continued to collect unemployment.  But if the dates are already past and they won't approve then wouldn't it be better to continue making money.  It also would be fishy to me if one person stayed just for residency considering the residency is based on marriage, other is on the other side of the world.

 

As for the 2555 messing with GC or permanent residence that is the purpose of the re-entry permit, to maintain GC status while out of the country.  Problem is it doesn't address continuous residency.  I'm just confused on what we should do???  Wish I would have known this before accepting this position.

Edited April 6, 2017 by watdog

[candybabe 46]

19 minutes ago, watdog said:

I understand what you are saying but below are my options since we are already out here.  We already have re-entry permit until the contract ends out here.  We still file a tax return and transcript every year. 

 

Option 1

She starts flying home at $1500 per ticket, since she can't drive it's kind of a lock down situation in vegas. 

Cons: Extreme airfare cost, she can't drive so eating and getting food becomes an issue, probably won't change our situation since we are already over the dates recommended.

Pros: May work for naturalization, doubtful from sounds of it. With 150 days last year and then 90 this year already.

 

Option 2

Quit current job

Cons: Loss of income about 100K per year.  Can't claim unemployment.  Pretty much puts us living off savings.

Pros: May work if we did it today and flew home.

 

Option 3

Stay out here till position ends, claim unemployment on return, claim 2555 and get return of all federal (Note: this is an exemption).  Use green card which we had mailed out here and re-entry permit (travel document) for return to states.  Time re-start, can apply at 2 years 1 day from landing date upon return.

Cons: May not like the 2555 document on taxes.  Would have to wait another 2 years which we may already anyway.

Pros: Still have a job.

 

We are pretty much at a loss as it seems it's better if I continued to collect unemployment.  But if the dates are already past and they won't approve then wouldn't it be better to continue making money.  It also would be fishy to me if one person stayed just for residency considering the residency is based on marriage, other is on the other side of the world.

 

As for the 2555 messing with GC or permanent residence that is the purpose of the re-entry permit, to maintain GC status while out of the country.  Problem is it doesn't address continuous residency.  I'm just confused on what we should do???  Wish I would have known this before accepting this position.

Ok - I didn't get it at first that you have a re-entry permit. So basically a waiver for the time spent outside requirement.

 

The story checks out, with the exception of the 2555, which you could potentially justify by showing the waiver, and if you are the breadwinner it would be obvious she had to follow you.

 

The only other option is to start looking for a job stateside right away and move back for that job if you find it. That would probably be the best bet.

It is tough, I realize, leaving a good paying job and finding a similar one relatively fast.

 

[watdog 8]

Thanks for your help Candybabe!  It's a bummer to do the right thing and not be on unemployment but then it messes with the wife's status.  Hope it all works out but if not they I suppose we just wait the 2 years and 1 day to refile.  We probably won't file the 2555 but rather just write off the per diem losses and airfare.

[candybabe 46]

On ‎4‎/‎9‎/‎2017 at 2:09 PM, watdog said:

Thanks for your help Candybabe!  It's a bummer to do the right thing and not be on unemployment but then it messes with the wife's status.  Hope it all works out but if not they I suppose we just wait the 2 years and 1 day to refile.  We probably won't file the 2555 but rather just write off the per diem losses and airfare.

Yes unfortunately - once you join the dance of USCIS , your freedom of movement limits itself - lots of time spent waiting for life to start again - I went through the wait in 2007 and honestly I don't really remember much of that year - just waiting, checking on the phone for status updates .... life / career on pause.

I hope you figure the best way for you and remember that you two at least are together - a lot of couples have to apply for immigration related stuff while being in two diff countries / continents / time zones.