HUSBAND WORKING FOR US EMBASSY IN ASIA

[barbie.ness 15]

Hello Everyone. Thanks for reading my post. 

 

I married my American husband and currently have the LPR Status (Green card valid for 2 years) . My husband got hired to work for a US Embassy in Asia for 5 years. I know with my green card I can go out of the USA at least 3 months every year. 

 

My question is: Can I go and live with him in Asia and by doing so will not affect my LPR status? Is the fact that he is working in a US Embassy regarded as extension of US Jurisdiction and therefore it will be perceived that I am just in the USA?   Does anyone in here got the same similar case? Or anyone here knows what to do? 

 

It would be funny if my husband will be in Asia (my home country)  for 5 years and I am here in the USA (his home country). 

 

Thank you so much for your input. Godbless you more. 

Edited July 24, 2018 by barbie.ness
font

[Nitas_man 3,100]

It is my understanding that foreign spouses of US government employees working abroad are exempt from the 1-yr rule - at least based on the information attached.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

[RLA 323]

There are two things to consider in @barbie.ness' situation.  The first is, of course, to make sure to be allowed back into the US after a prolonged stay abroad.  According to the Department of State that should be no problem as long as you're traveling together with your husband:

Quote

If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you:

• Have not abandoned your LPR status; and
• Your spouse or parent is returning to the United States.

If you plan on traveling separately or if you want additional assurance then it might make sense for you to apply for a re-entry permit (Form I-131).  However, that costs money, needs to be done (application + biometrics appointment!) before you leave the US, and is only valid for up to 2 years.  

 

The other thing to consider is the continuous residence and physical presence requirements for naturalization.  You need to file Form I-470, otherwise you will not be able to become a US citizen until 3 years after your return to the US.  This is obviously only relevant if you want to become a US citizen. 

[Cyberfx1024 7,980]

21 minutes ago, RLA said:

There are two things to consider in @barbie.ness' situation.  The first is, of course, to make sure to be allowed back into the US after a prolonged stay abroad.  According to the Department of State that should be no problem as long as you're traveling together with your husband:

If you plan on traveling separately or if you want additional assurance then it might make sense for you to apply for a re-entry permit (Form I-131).  However, that costs money, needs to be done (application + biometrics appointment!) before you leave the US, and is only valid for up to 2 years.  

 

The other thing to consider is the continuous residence and physical presence requirements for naturalization.  You need to file Form I-470, otherwise you will not be able to become a US citizen until 3 years after your return to the US.  This is obviously only relevant if you want to become a US citizen. 

 

16 hours ago, barbie.ness said:

Hello Everyone. Thanks for reading my post. 

 

I married my American husband and currently have the LPR Status (Green card valid for 2 years) . My husband got hired to work for a US Embassy in Asia for 5 years. I know with my green card I can go out of the USA at least 3 months every year. 

 

My question is: Can I go and live with him in Asia and by doing so will not affect my LPR status? Is the fact that he is working in a US Embassy regarded as extension of US Jurisdiction and therefore it will be perceived that I am just in the USA?   Does anyone in here got the same similar case? Or anyone here knows what to do? 

 

It would be funny if my husband will be in Asia (my home country)  for 5 years and I am here in the USA (his home country). 

 

Thank you so much for your input. Godbless you more. 

@RLA Actually I have studied this quite bit because I am wanting to transfer overseas as a Federal Employee with my wife who is a PR. If the spouse of the PR is a Federal Employee or a Federal Contractor overseas then they can in fact spend as much time as they want with overseas with their USC spouse in a different country, AND this is still counted as being in the USA for citizenship purposes. The big difference is if she files for Naturalization then she will have to go to the USA for biometrics, the interview, and the Oath. 

 

 

@barbie.ness You can go overseas with your spouse being a Federal Employee with no issues. I am taking my asawa with me when I transfer to Bahrain as a Federal Employee. She will be living with me along with our children as dependents. 

15 hours ago, Nitas_man said:

It is my understanding that foreign spouses of US government employees working abroad are exempt from the 1-yr rule - at least based on the information attached.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

You are correct sir. 

Edited July 25, 2018 by Cyberfx1024

[barbie.ness 15]

16 hours ago, Nitas_man said:

It is my understanding that foreign spouses of US government employees working abroad are exempt from the 1-yr rule - at least based on the information attached.

 

https://www.uscis.gov/green-card/after-green-card-granted/international-travel-permanent-resident

Thanks for the info @Nitas_man. Super appreciate it! 

1 hour ago, RLA said:

There are two things to consider in @barbie.ness' situation.  The first is, of course, to make sure to be allowed back into the US after a prolonged stay abroad.  According to the Department of State that should be no problem as long as you're traveling together with your husband:

If you plan on traveling separately or if you want additional assurance then it might make sense for you to apply for a re-entry permit (Form I-131).  However, that costs money, needs to be done (application + biometrics appointment!) before you leave the US, and is only valid for up to 2 years.  

 

The other thing to consider is the continuous residence and physical presence requirements for naturalization.  You need to file Form I-470, otherwise you will not be able to become a US citizen until 3 years after your return to the US.  This is obviously only relevant if you want to become a US citizen. 

Thanks so much, @RLA for replying. I appreciate it. I will look into it. 

[barbie.ness 15]

58 minutes ago, Cyberfx1024 said:

 

@RLA Actually I have studied this quite bit because I am wanting to transfer overseas as a Federal Employee with my wife who is a PR. If the spouse of the PR is a Federal Employee or a Federal Contractor overseas then they can in fact spend as much time as they want with overseas with their USC spouse in a different country, AND this is still counted as being in the USA for citizenship purposes. The big difference is if she files for Naturalization then she will have to go to the USA for biometrics, the interview, and the Oath. 

 

 

@barbie.ness You can go overseas with your spouse being a Federal Employee with no issues. I am taking my asawa with me when I transfer to Bahrain as a Federal Employee. She will be living with me along with our children as dependents. 

You are correct sir. 

Thanks so much @Cyberfx1024 for giving me a detailed and experience-based answer. If that is the case, then PERFECT! My LPR is still to be renewed next year for the 10 year GC validity. I think I have to go back here in the US next year for that as well or mybe they can accommodate us in the embassy where my husband will work.   and oh, regards to your asawa! Mabuhay!

[Cyberfx1024 7,980]

5 minutes ago, barbie.ness said:

Thanks so much @Cyberfx1024 for giving me a detailed and experience-based answer. If that is the case, then PERFECT! My LPR is still to be renewed next year for the 10 year GC validity. I think I have to go back here in the US next year for that as well or mybe they can accommodate us in the embassy where my husband will work.   and oh, regards to your asawa! Mabuhay!

Yes, you will have to go back here for the biometrics and the interview unfortunately. Luckily my asawa has her 10 year GC na and still has 8 years left on it so far. I know there are several people that have been on here in the past that are living abroad with their spouses as PR because they are Federal Employees or a Federal Contractor. It's pretty much just like if your asawa is in the military and your on his orders to be stationed in Japan, Korea, or Germany. 

 

Where are you planning on going if you don't mind me asking?

[barbie.ness 15]

10 minutes ago, Cyberfx1024 said:

Yes, you will have to go back here for the biometrics and the interview unfortunately. Luckily my asawa has her 10 year GC na and still has 8 years left on it so far. I know there are several people that have been on here in the past that are living abroad with their spouses as PR because they are Federal Employees or a Federal Contractor. It's pretty much just like if your asawa is in the military and your on his orders to be stationed in Japan, Korea, or Germany. 

 

Where are you planning on going if you don't mind me asking?

We will be going to  Japan. 

 

What city is your wifey from? Wow that is a perfect thing, she already got her 10 year GC. One more step to naturalization, awesome!  Thank you again. I got my appointment with the immigration officer next week. I will also update this thread. 

 

God bless to you and your wifey. 

[Cyberfx1024 7,980]

18 minutes ago, barbie.ness said:

We will be going to  Japan. 

What city is your wifey from? Wow that is a perfect thing, she already got her 10 year GC. One more step to naturalization, awesome!  Thank you again. I got my appointment with the immigration officer next week. I will also update this thread.

God bless to you and your wifey. 

Ahhh ok, sige sige. We are planning to go to Bahrain but hoping for either Bahrain or Singapore. But I have just had a second interview for a job in Bahrain so I am expecting a offer to go there. 

 

My asawa is from Davao City and I have been there many times. So we are stoked if I get this offer to Bahrain because we will be closer to the Philippines and I told my asawa that she could get a yaya as well if we move. She can file for Naturalization na if she wants to but she is kinda scared to file. So she is just a permanent resident right now enjoying life.