USC spouse moving abroad - how to handle my continuous residency req?

[dreru 1]

Hi everyone,

First off, thank you for all the wonderful information on these forums, and this site more generally! It's been an invaluable resource along our journey. To cut to the chase:

 

Our timeline and situation: My USC wife sponsored me for my K-1 back in 2014/2015, we got married, and I got my 2-year GC in November 2015. We've been living an ordinary happy family life together in the US. I filed I-751 in September 2017, and that's currently pending (probably will be for a while).

 

The complication: My wife got her dream job offer in Europe. She's an academic working on climate change issues, and it's a situation where you have no choice but to follow the job market. She is intent on making the move to Europe, and I have every intention of supporting it. I'm a freelance software developer, and am lucky to have quite a lot of flexibility in terms of location. Our intention in this respect was to (a) have her become resident at her new place of work in Europe, and (b) I would maintain my residence in the US - at her parents' place, which would be more or less our "home base" after we end the lease on our own apartment. We would both travel back and forth between the US and Europe, but given her new job we/I would realistically end up spending most of my time in Europe. (e.g. 2-3 months in Europe, then 2-3 weeks in the US, etc)

 

My questions:

1. Ordinarily, I would have looked at filing for naturalization later this year. I am on track to meet the physical presence requirement, as well as the other "quantitative" residence criteria, like no absences longer than 6 months. However, the "continuous residency" requirement is obviously hard to quantify, and I fear that a discerning officer could look at a travel history where I have spent significant periods of time outside of the US, and conclude that recently I have not maintained proper residency (despite what my tax filings, etc, may say). At least this is what I've picked up from the following thread, and others like it.
   Should I still hope to have a shot at naturalization? Or is my only path to it one that involves me living separately from my wife for the next 1-1.5 years? (for the record, not something we'd seriously consider).
2. I'm conscious that if this flying back-and-forth continues for 1-2 years or more (and it may), this is also likely to become problematic in terms of my LPR status itself. Would you advise just going ahead and filing for a re-entry permit (I-131), to provide some relief? I'm aware that the I-131 is not a total silver bullet in this regard - and that it'll also reset the clock on my naturalization timeline - but maybe it's the "least bad" option.
3. Lastly, should I be worried about adverse effects of myself and my wife maintaining separate residences (me in the US, her abroad) for the upcoming future? Specifically, is there a chance it would jeopardize my pending I-751/RoC? Or indeed my longer-term LPR status and/or a potential N-400?

 

We're not looking to game the system, but want to find the best way to smooth out a tricky situation. Having jumped through so many USCIS hoops over the past few years, it would be a shame to give up everything and have to start over when it's time for both of us to make the US our proper home again.

 

Big thanks in advance for any help or advice anyone can offer!

[little immigrant 801]

I would definitely get a re-entry permit. As for the naturalization itself maybe it's best to wait until you guys are back and you meet the residency requirement. You can make the US your home as you continue being a permanent resident.  

[dreru 1]

13 hours ago, little immigrant said:

I would definitely get a re-entry permit. As for the naturalization itself maybe it's best to wait until you guys are back and you meet the residency requirement. You can make the US your home as you continue being a permanent resident.  

Thanks for the input, definitely sounds like a good idea! I may wait until after my RoC is processed to file for I-131, as otherwise it sounds like an I-131 that I get now will expire at the same time that the I-797 notice letter I currently hold expires, i.e. September. I probably won't be out of the country that much until then, so it doesn't feel like the best use of the $600+ I-131 fee.

 

A couple of other thoughts/questions, if I may:

• There is talk about how the I-131 "resets the clock" on the naturalization timeline. Is this only the case if I actually break residency, or is it automatically associated with possessing an I-131? For instance, if I get an I-131 but then our plans change and I actually end up staying in the US, am I still eligible to file N-400 or will that ship have sailed because of the I-131?
• Does anyone have any input on my question #3, i.e. whether the fact that my USC spouse would be resident abroad is likely to jeopardize my RoC process? (my guess: probably not, unless they call us in for interview and ask probing questions about our current situation)
• I also looked at eligibility to preserve residence while abroad by filing an N-470. My work is such that I'm not so far from meeting one of the "employment purposes" criteria, but the following requirement is a real kicker (and seems unusually harsh, even by USCIS standards): "You must have been physically present and residing in the United States for an uninterrupted period, without any absences, for at least one year after your admission as a lawful permanent resident (except religious workers)". I've traveled out of the country occasionally since getting my green card, and there hasn't been a continuous one-year period where I've not left the US at all. So I guess on those grounds alone, N-470 isn't an option?

Thank you again for all your advice! Hugely appreciated!

[MiraW 58]

It's very unlikely you'll need an interview for your RoC (your case sounds pretty straightforward). 

When is your wife moving abroad? When will you be eligible to file for naturalization? If both of you are ok with being apart for a short period of time, I think it's worth it to file N400 later this year.