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MU193340

Question about living in another country

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Filed: Timeline

Hello:

 

Hoping someone may be able to assist or provide clarity. My wife currently has a approved 10 year green card as of last year. The only thing left is to apply for dual citizenship. If we were to move to her country for say 2-3 years to have a child and she did not apply for dual citizenship, what would happen to her green card? Has anyone moved to their significant others countries before? We would eventually come back to the USA. Is there a form to fill out that  allows it? My wife is from Sweden and I am American. Thanks for any assistance!

 

Brian

Edited by MU193340
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Filed: Citizen (apr) Country: Canada
Timeline

I believe she would lose her green card. USCIS would consider her residency abandoned. Others on the site may know of a way she may apply to keep it, but I am not aware of any. Your best bet would be to get her citizenship before you make the move. 

ROC

01/18/2017   Sent in I-751

01/26/2017   Check cashed

01/28/2017   Received NOA dated 01/20/2017

02/16/2017   Biometrics done

10/24/2017   Traveled to Minneapolis for I551 stamp

02/26/2018     Case received by Field Office - S. Paul

05/012018     Case transferred to another USCIS office for processing 

N-400

02/02/2018    Filed N-400 online

02/05/2018    NOA online - NOA letter 02/09/2018

02/21/2018     Biometrics walk-in

 

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She will loose her green card. She can file for reentry permit that allows her to be out of States for 2 years max!

Without that permit (or if she stays abroad longer than 1 year ) she will lose her green card and won't be allowed back to the USA. Unless you file for spouse visa and go through the process again. 

 

She should be aware that green card means she needs to reside in the USA. If she wants to travel freely she needs to wait for citizenship. 

 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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Re-entry permit, then renew if longer than 2 years (but have to return to US to renew). Can only renew ro max 5 years. Would probably be better to get dual citizenship first if possible. In either case, remember you and her still need to file tax returns with the IRS every year even while living abroad. Particularly important for her to do if she leaves as a green card holder rather than a citizen. Also if she leaves as a green card holder remember that time spent abroad in excess of 6 months interrupts her continuous residence requirement for naturalization.

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