Moving out of the US after obtaining green card

[little immigrant 801]

5 hours 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

Hi, a fellow German here. Good advice was already given and I just want to add to it. She should apply for US citizenship and before she takes the oath she should do Beibehaltung this way she can keep her German citizenship as well. She'd have two passports and can choose where to live in the future. It is very important to obtain the Beibehaltungsgenehmigung before she takes the oath. It takes about a year to get it approved. There is even a way to regain German citizenship after you lost it and there is a lot of good info on Germany.info:

 

https://www.germany.info/us-de/service/beibehaltung-der-deutschen-staatsangehoerigkeit/1216762

 

https://www.germany.info/us-de/service/wiedereinbuergerung-ehemaliger-deutscher/1216660

 

Either way all is not lost and you have options. Good luck. 

Edited July 22, 2019 by little immigrant

[glowie85 11]

20 minutes ago, little immigrant said:

Hi, a fellow German here. Good advice was already given and I just want to add to it. She should apply for US citizenship and before she takes the oath she should do Beibehaltung this way she can keep her German citizenship as well. She'd have two passports and can choose where to live in the future. It is very important to obtain the Beibehaltungsgenehmigung before she takes the oath. It takes about a year to get it approved. There is even a way to regain German citizenship after you lost it and there is a lot of good info on Germany.info:

 

https://www.germany.info/us-de/service/beibehaltung-der-deutschen-staatsangehoerigkeit/1216762

 

https://www.germany.info/us-de/service/wiedereinbuergerung-ehemaliger-deutscher/1216660

 

Either way all is not lost and you have options. Good luck. 

Just adding to this:
I got my 'Beibehaltungs'-approval this February. As for the reasons I presented: I work in IT, and there are a lot of jobs out there that require security clearance. I can't get security clearance as a Green Card holder, thus I'm at a disadvantage in the job market. My ties to Germany are strong since all my family is living in Germany, I'm the only one over here. Those were strong enough reasons to get the US, but also be allowed to keep the German citizenship. (By the way, while never engaging a lawyer for my American immigration matters, I did hire one for this German hurdle. Probably not necessary, but in this case I felt better with one, German bureaucracy... )

It currently seems to be taking 6-9 months (applied last year July). When picking up the certificate at the German consulate I was told I did the right thing in waiting to have the certificate in hand before starting the N-400 application, since the wait times seem to be getting longer for the 'Beibehaltung', too long for keep pushing out the oath date.
After getting the approval, you have two years to actually get the American citizenship. If it takes longer, you can go back to the German consulate and get it extended for a few months, but you should really trying to get it within the allotted time. 
They also told me to keep the certificate in a safe place since they don't have a copy of it and if it's lost it'll be a pain in the butt to replace (no idea if that's true, but don't want to find out either ).

I applied for the US citizenship a week after picking up the certificate and it looks as if I will have the US citizenship (if all goes well) by the end of the year.

So, OP, if you want to keep both avenues, Germany and the US, open for future residence states, this would be your way to go.

Edited July 22, 2019 by glowie85

[Nitas_man 3,100]

5 hours ago, carmel34 said:

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.

As long as she meets the US presence test.

 

 

[HRQX 4,145]

6 hours ago, Bill & Katya said:

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.

Don't have to wait for the issuance of the I-327 before departing the U.S. Can leave after providing biometrics.

Edited July 23, 2019 by HRQX

[EM_Vandaveer 2,408]

10 hours 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

She has to Go Through a long process with Germany FIRST. They basically aporove her to be able to keep her German citizenship once she becomes a USC. PPL in this situation got it dine. Some of them were on visajourney. After the approval, she can apply for citizenship in the US like normal. Note that this only works if GERMANY APOROVES IT before SHE APPLIES FOR NATURALIZATION.

[HRQX 4,145]

11 minutes ago, EM_Vandaveer said:

Note that this only works if GERMANY APOROVES IT before SHE APPLIES FOR NATURALIZATION.

If Germany approves it before the US citizenship oath ceremony: https://www.gesetze-im-internet.de/stag/BJNR005830913.html

Quote

Die Staatsangehörigkeit verliert nicht, wer vor dem Erwerb der ausländischen Staatsangehörigkeit auf seinen Antrag die schriftliche Genehmigung der zuständigen Behörde zur Beibehaltung seiner Staatsangehörigkeit erhalten hat.

§§ 17 Nr. 2, 25 StAG

Edited July 23, 2019 by HRQX

[little immigrant 801]

43 minutes ago, HRQX said:

If Germany approves it before the US citizenship oath ceremony: https://www.gesetze-im-internet.de/stag/BJNR005830913.html

§§ 17 Nr. 2, 25 StAG

I didn't know you spoke German

[HK12 273]

5 hours ago, glowie85 said:

Just adding to this:
I got my 'Beibehaltungs'-approval this February. As for the reasons I presented: I work in IT, and there are a lot of jobs out there that require security clearance. I can't get security clearance as a Green Card holder, thus I'm at a disadvantage in the job market. My ties to Germany are strong since all my family is living in Germany, I'm the only one over here. Those were strong enough reasons to get the US, but also be allowed to keep the German citizenship. (By the way, while never engaging a lawyer for my American immigration matters, I did hire one for this German hurdle. Probably not necessary, but in this case I felt better with one, German bureaucracy... )

It currently seems to be taking 6-9 months (applied last year July). When picking up the certificate at the German consulate I was told I did the right thing in waiting to have the certificate in hand before starting the N-400 application, since the wait times seem to be getting longer for the 'Beibehaltung', too long for keep pushing out the oath date.
After getting the approval, you have two years to actually get the American citizenship. If it takes longer, you can go back to the German consulate and get it extended for a few months, but you should really trying to get it within the allotted time. 
They also told me to keep the certificate in a safe place since they don't have a copy of it and if it's lost it'll be a pain in the butt to replace (no idea if that's true, but don't want to find out either ).

I applied for the US citizenship a week after picking up the certificate and it looks as if I will have the US citizenship (if all goes well) by the end of the year.

So, OP, if you want to keep both avenues, Germany and the US, open for future residence states, this would be your way to go.

Lots of good information here. It's not hard to get the BBG, but it does take time and you do have to present compelling reasons as to why you need both citizenships. There are several Facebook groups in regards to dual citizenship US/Germany out there that I recommend the OP (or the wife) joins; they really helped me with my BBG. They have sample files of applications that got approved, as well as current timelines. From what I see, the time to get the BBG approved is currently increasing rapidly and is now at over a year on average. So I would apply for it well in advance before mailing the N-400 (or better wait until it has been approved). Personally, I did not use a lawyer and I don't think one is needed for either side. Good luck OP. 

Edited July 23, 2019 by HK12

[EM_Vandaveer 2,408]

1 hour ago, HRQX said:

If Germany approves it before the US citizenship oath ceremony: https://www.gesetze-im-internet.de/stag/BJNR005830913.html

§§ 17 Nr. 2, 25 StAG

I stand corrected.

[Dashinka 24,527]

10 hours ago, HRQX said:

Don't have to wait for the issuance of the I-327 before departing the U.S. Can leave after providing biometrics.

I agree, they would have to be here for the filing and biometrics so a few weeks to a month I suppose.

 

 

I am a LPR and need to travel abroad. Can I file my Form I-131 to get a reentry permit while I am outside the United States?

No. You cannot file a Form I-131 to obtain a reentry permit unless you are physically present in the United States when you file the form.

You should file your Form I-131 no fewer than 60 days before you intend to travel abroad.

If I file Form I-131 to get a reentry permit while I am in the United States, will USCIS deny the Form I-131 if I leave the United States while the form is still pending?

We recommend that you file Form I-131 while you are in the United States. However, you do not have to be in the United States for USCIS to approve your Form I-131 and issue a reentry permit to you if your biometrics (photo, fingerprints) have been obtained. You can indicate on your Form I-131 that you want USCIS to send your reentry permit to a U.S. Embassy, consulate or a DHS office overseas, so you can pick it up from one of those facilities.

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf

[fondue 1]

19 hours ago, glowie85 said:

Just adding to this:
I got my 'Beibehaltungs'-approval this February.

Trimmed this down, but just to make sure I have the timelines right:

It takes roughly up to a year to get the Beibehaltungs, the Beibehaltungs is good for 2 years.

We can file for the N-400 90 calendar days before 3 years on the green card?

So it makes the most sense to apply for Beibehaltungs a little over a year before the 3 year mark on the greencard?

[glowie85 11]

13 minutes ago, fondue said:

Trimmed this down, but just to make sure I have the timelines right:

It takes roughly up to a year to get the Beibehaltungs, the Beibehaltungs is good for 2 years.

We can file for the N-400 90 calendar days before 3 years on the green card?

So it makes the most sense to apply for Beibehaltungs a little over a year before the 3 year mark on the greencard?

Well, if the timelines stay that way, yes. 
If you want to make 100% sure, you should probably only apply for Beibehaltung shortly before becoming eligible for N-400 application. You never know if your case will be the fast one approved in a couple of months. I'd rather apply for N-400 a couple months late than risking falling out of the 2 year window that the Beibehaltung gives you. 

[Ontarkie 14,236]

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