Living in Two Countries

[bryand1 0]

Good Day All:

Here is the dilemma.

In November 2007 I apply for a 10 Year GC which I expect will be approved in the fullness of time. In 2008 my wife (USC) and I (Australian) expect to retire and divide our time, pretty much equally, between Australia and the US. Notwithstanding Australia's regulations regarding my wife's visa to reside in Australia, I would be interested to know if any VJ'ers may have been in a similar position and how they managed to placate USCIS in their requirements regarding the mandatory residency time limits within the US required by holders of the 10 Year Green Card.

By the way, I know the easiest way to achieve this would be to apply for US Citizenship but I want to see if there are other alternatives.

Any thoughts would be appreciated.

[Kathryn41 3,205]

I have friends in Canada who are doing something similar, although I don't know if it would work in the US. Basically, he is an Australian citizen who is also a permanent resident of Canada; she is a Canadian citizen who is legally entitled to live in Australia - they alternate 6 months in each country, although because of residency requirements in each country - more than 6 months - she leaves for Australia about a month earlier than he does so that she has an extra two weeks living in Australia, and he has an extra 2 weeks beyond the 6 months living in Canada. It is a strange arrangement but as they are both retired, it seems to work for them.

[zyggy 9]

I would recommend that you wait until you become a US Citizen before you try something like this or have a consultation with an immigration attorney about the subject of abandoning your permanent resident status. You're in a pretty gray area and an immigration judge could feel that your actions are such that you have abandoned your permanent resident status.

Doing what you propose could land you in some hot water or some pretty expensive legal real estate... I would wait for the US Citizenship..

Edited April 10, 2007 by zyggy

[hcj 0]

The only "mandatory residency time limit" required of green card holders is that you cannot leave the US for one year or more without a re-entry permit. With a re-entry permit, the maximum length of time outside the US allowed is 2 years.

However, you can leave the US for a much shorter time than that and have them rule that you have "abandoned" your residency. There is no magic length of time after which you will have abandoned your residency. It's very specific to the facts of your case -- i.e. can be somewhat subjective.

Just for kicks here is what USCIS has to say about maintaining your status:

"Maintaining Permanent Residence

You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently.

* Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

* Fail to file income tax returns while living outside of the US for any period.

* Declare yourself a “nonimmigrant” on your tax returns."

To maximize your chances of not losing your GC, IMO you should:

- maintain your primary residence in the US. Keep the bank accounts, the house, etc etc.

- file your taxes as a resident

- come back to the US frequently

[j-manu 0]

I am going to take a wild guess that you are very close to being here for three years as a married couple. If that is the case, then you can apply 90 days before your third year anniversary for your citizenship. Your this close - go for it!

[hcj 0]

Some people aren't interested in US citizenship though. My husband is very much on the fence about it. He is eligible to apply now but so far has not applied... he's just not sure he wants to be a USC.

[j-manu 0]

My wife was the same way, but now she is talking of getting her citizenship. Considering post #4 - you don't want to leave the USA without it.

Edited April 11, 2007 by j-manu

[mdunlap24 0]

Some people aren't interested in US citizenship though. My husband is very much on the fence about it. He is eligible to apply now but so far has not applied... he's just not sure he wants to be a USC.

My husband is the same way. If he did become a citizen it would be for the benefits (not worrying about losing residency). He would consider himself a New Zealander holding a US passport. Much like when Kiwis have a family member in the UK and they obtain a UK Passport. He's a kiwi through and through.

The flipside is true too. If we lived in NZ, I would get a NZ passport, but never consider myself a NZer. I'd always be an American with a NZ passport. That's it.

[djcunnin 0]

Does anyone know how working in another country affects residency status. I am a Canadian citizen and have an opportunity to work for a few months in Canada that I really don't want to pass up. I am a permanent US resident. Will this affect my status at all...and could I still apply for citizenship if I am out of the country?

[mdunlap24 0]

Does anyone know how working in another country affects residency status. I am a Canadian citizen and have an opportunity to work for a few months in Canada that I really don't want to pass up. I am a permanent US resident. Will this affect my status at all...and could I still apply for citizenship if I am out of the country?

If we're talking purely about income, no it doesn't matter. Most of my husbands income last year came from overseas sources while working overseas. He pays taxes in the US on that money. He's gone for a few months at a time at most while I stay here in the US therefore his residency is still in the US. I could go with him and it would still be ok since we've never established residency somewhere else.

Are you talking about living in Canada while working in Canada for an extended period of time without keeping an established residency here in the US? If so, I have no clue.

Edited April 12, 2007 by mdunlap24

[djcunnin 0]

I don't think that's what I mean...If I am working in Canada...I'd have to live there, but with plans to return to the states in the fall. My wife (USC) would stay here while I was gone....I'm just not sure what to do about health insurance while I am in Canada.

[mdunlap24 0]

I don't think that's what I mean...If I am working in Canada...I'd have to live there, but with plans to return to the states in the fall. My wife (USC) would stay here while I was gone....I'm just not sure what to do about health insurance while I am in Canada.

Ahhh. If you lived in a border town you could commute to Canada. Or you could work in Canada during the week and come home on weekends...

This is the situation of my husband and I. My husband mainly works overseas, I stay in the US. He only works temporarily living in hotels so his residency is clearly US.

I would make sure that you're not out of the country for more than 6 months at a time if you plan on applying for a US passport otherwise your time in country count starts over (from my understanding). Other than that it sounds fine to me, but I'm no lawyer.