Expat Job Opportunity while Spouse is Conditional resident

[Jon_G 6]

Hi,

 

Had a question and hoping this forum can help me this situation. 

 

Bottom line, but see details below: exploring taking an expat job in Asia (not spouse's home country), and wondering how this affects the paperwork

 

My wife (beneficiary) and I (USC) are under IR1/CR1. She already lives in the US with me and have applied to remove of conditional status. She was approved removal of conditions. Biometrics completed and waiting on interview. We've traveled briefly with the I-797.

Technically, we can apply for N400 next February. 

 

I'm considering taking a job assignment abroad in Asia with a time limit (2yrs).

 

Is this possible without negatively affecting her status and future N400 application?

 

I've read that ahe can apply for a re-entry permit before leaving, knowing that she'll be outside of the US for more than 1 year.

 

Additional details:

- We are keeping are home and car

- Would have proof that the assignment is only for 2 years, with the intention to return to the US

 

Are there other avenues i should explore, and other issues i need to consider?

 

Thanks in advance!

[Loren Y 2,755]

Your definitely want to get the re-entry permit for her, that way your covered for the 2 years for sure without effecting the LPR status. Hopefully your ROC won't require an interview so you can avoid having to travel back. Most get approved without an interview, but that is something to consider. The only downside is that you won't be able to apply for the N400 until after you return and earn enough days inside the US again to file ( Use the calculator on the USCIS site). Any time spent outside the US will need to be kept track of, and will extend the time until you can file the N400. I have an excel spreadsheet I have been keeping track of my wife's time/days outside the US since becoming a LPR just for this reason.

 

Also, another thing I just thought of. How will she be staying in the country with you? Make sure you check what type of visa she will need in order to be there with you. Most countries allow her to be added to your visa as an accompanying spouse, but make sure she can stay with you legally while in the other country, and you might want to see if she can get work privileges on her visa also in case she wants to maybe get a part time job or something to help pass the time.

Edited May 8, 2022 by Loren Y

[Jon_G 6]

Loren,

Thanks for the response. I'll definitely look into the calculator for N400 application. 

I just wasn't clear if the re-entry permit was a sure thing, or there is a chance for denial.

 

Good point on my wife and son paperwork, I presume the employer will take care of it, but it's another point to consider.

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to ROC General Discussion ***