Moving out of the US after obtaining green card

[fondue 1]

Hypothetical situation with our current status:

My (K1 visa) wife entered the US and we got married in December last year- we finally got the letter scheduling her green card interview next month.

If for some reason we decide to move to Germany in the next 2-5 years (maybe for a few years maybe for 10 years) I'm reading she will be considered to have abandoned her residency. Is there any way to do this where it would be easier to return to the US? Would we have to go through the K-3 visa process even though we married in the US already?

This is assuming we fully moved to another country but still filed taxes/ whatever else is expected with the US.

 

Just wondering,

Thank you

[arken 4,197]

The best option is she applies for citizenship in 3 years after getting GC. After becoming a USC, she can go anywhere for any number of years and return back to US with no issues.

 

With GC, 1-2 tears trip with reentry permit might be OK, any more years and she risks abandoning the residency for sure.

[Going through 5,671]

25 minutes ago, fondue said:

Would we have to go through the K-3 visa process even though we married in the US already?

If she does end up relinquishing the green card, you would be doing the CR-1 spouse visa.  You, yourself, would also have to reestablish the USA as your main domicile to be able to petition her to immigrate after living abroad for years.

 

[fondue 1]

10 minutes ago, arken said:

The best option is she applies for citizenship in 3 years after getting GC. After becoming a USC, she can go anywhere for any number of years and return back to US with no issues.

 

With GC, 1-2 tears trip with reentry permit might be OK, any more years and she risks abandoning the residency for sure.

I guess I'm a little confused on how her becoming a USC would affect her german citizenship. From what I've read there is no dual citizenship for german/US unless by birth so she'd no longer be a german citizen when she became a US citizen, and by doing that we'd have a harder time moving to germany

[Mollie09 1,543]

4 minutes ago, fondue said:

I guess I'm a little confused on how her becoming a USC would affect her german citizenship. From what I've read there is no dual citizenship for german/US unless by birth so she'd no longer be a german citizen when she became a US citizen, and by doing that we'd have a harder time moving to germany

Germany makes it really difficult to be a dual citizen, but it's possible if there are extenuating circumstances (this wouldn't count, I don't think)

Your best bet is to try for the reentry permit for up to 2 years, then reapply for the CR-1 if you decide to move back after the permit expires. Good reminder that permanent resident also have to file US taxes no matter where they live.

[RLA 323]

12 minutes ago, arken said:

The best option is she applies for citizenship in 3 years after getting GC.

Except that she would lose her German citizenship in the process making if difficult for the family to move there.  That is, unless she gets a Beibehaltungsgenehmigung before applying for naturalization.  She will have to show that (1) not aquiring American citizenship would be a hardship for her, and that (2) she retains sufficient ties to Germany.  

[aaron2020 11,651]

Your wife would lose her German citizenship if she naturalizes.

 

1.  Get the green card.

2.  Get a Re-Entry Permit allowing her to stay outside the US for up to 2 years.  She can reapply and get a total of 4 years.

3.  If she stays outside the US too long and can't get a Re-Entry Permit, then she will lose her LPR status.  File an I-130 for a spousal immigrant visa when she is ready to move to the US permanently in 5 or 10  years or whenever.

[fondue 1]

3 minutes ago, RLA said:

Except that she would lose her German citizenship in the process making if difficult for the family to move there.  That is, unless she gets a Beibehaltungsgenehmigung before applying for naturalization.  She will have to show that (1) not aquiring American citizenship would be a hardship for her, and that (2) she retains sufficient ties to Germany.  

How hard is it to get this Beibehaltungsgenehmigung? I'm not sure what kind of hardships are acceptable or how you demonstrate retaining sufficient ties to Germany. She doesn't really have anything left in germany but a bank account and family she's not been in contact with for a long time.

The only purpose of the retention would be for us to have an easier time moving together back to germany like you said.

[RLA 323]

2 minutes ago, fondue said:

How hard is it to get this Beibehaltungsgenehmigung?

It seems that quite a few people manage to get them, so it's definitely not impossible.  If you google Beibehaltungsgenehmigung you will find lots of information and discussions about it, albeit mostly in German. 

[geowrian 22,337]

Just a note, it would be an IR-1 (not a CR-1) if you had to reapply later.

[fondue 1]

2 minutes ago, RLA said:

It seems that quite a few people manage to get them, so it's definitely not impossible.  If you google Beibehaltungsgenehmigung you will find lots of information and discussions about it, albeit mostly in German. 

well thank you for the lead! This may be the best option for us if that's possible and we have plenty of time if she cannot even apply for us citizenship for another 2 and some change years.

 

thanks for the information all, just peeking around at our possibilities further down the road

[Mollie09 1,543]

7 minutes ago, RLA said:

It seems that quite a few people manage to get them, so it's definitely not impossible.  If you google Beibehaltungsgenehmigung you will find lots of information and discussions about it, albeit mostly in German. 

I know someone who got one because he worked for an airline and claimed not having a US passport while working for a US airline was a hardship and got it.

[carmel34 3,635]

This may be the best option for us if that's possible and we have plenty of time if she cannot even apply for us citizenship for another 2 and some change years.

 

She can apply for US citizenship 3 years after becoming a resident alien, based on the date on the green card, which hasn't been approved yet so she wouldn't be eligible for more than three years from now.  90 days before the three year period, she can apply for US citizenship, which, depending on the regional office, can take up to an additional year.  So the US citizenship path is going to be more like 4 years from now.

Edited July 22, 2019 by carmel34

[jskibo 588]

3 hours ago, RLA said:

 gets a Beibehaltungsgenehmigung 

 

I love these crazy long German words

[Dashinka 24,519]

4 hours ago, aaron2020 said:

Your wife would lose her German citizenship if she naturalizes.

 

1.  Get the green card.

2.  Get a Re-Entry Permit allowing her to stay outside the US for up to 2 years.  She can reapply and get a total of 4 years.

3.  If she stays outside the US too long and can't get a Re-Entry Permit, then she will lose her LPR status.  File an I-130 for a spousal immigrant visa when she is ready to move to the US permanently in 5 or 10  years or whenever.

One added caveat, the Re-Entry permit cannot be applied for outside of the US to my knowledge, so they would need to make plans to come back long enough to get a new permit.