How to avoid GC to be considered abandoned?

[Ranava14 12]

I’m so frustrated because no one can give me any information and I’m hoping and praying someone here will be of help.

 

My husband is stationed in Germany as a defense contractor working for the military. We filed for the GC while living in Germany and I received it in December. Since receiving it I’ve had at least three people (including consulate officer and border officer) tell me not to stay in Germany too long or they’ll consider my GC abandoned. I’ve told them we’re on orders and will return to the u.s after our tour is over. They will say it doesn’t matter. I ask them what to do instead they tell me they don’t know.

 

I don’t think I’m able to file N-400 because you’re supposed to have over one year left on your contract overseas at the time of naturalization. We barely have a year left now so if naturalization takes around 9 months at least, that would only leave us with 3 months.

 

I fly to the states every one or two months but apparently that’s not enough. We’ll be stationed in Germany for one more year, how do I go about keeping my GC until we either move or get out contract renewed so I can file for n-400 319 (b)? 
 

Reentry permit is not really a possibility as I am not ever in the states for long enough at a time to file for it. Especially since no one knows exactly how long it takes and you have to be in the states while filing. 
 

Ive read so many times that you are not considered to be abandoning your GC while you’re on sofa and official orders but the border agent today did not care about my sofa card or my orders and he also couldn’t tell me at all what the exact rules are. 
 

I’m so confused and would love any insight. 
 

I apologize if this is not the right place to post or if something is difficult to understand. 
 

 

[Boiler 45,731]

You only have to be in the US as long as it takes to do Biometrics

[Allaboutwaiting 2,503]

"If a person lawfully admitted for permanent residence is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical presence of the person abroad shall not be treated as-

(1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title; or

(2) an absence from the United States for purposes of clause (ii) of such section.

(June 27, 1952, ch. 477, title II, ch. 9, §284, 66 Stat. 232 ; Pub. L. 110–181, div. A, title VI, §673, Jan. 28, 2008, 122 Stat. 185 .)"

 

Source: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1354&num=0&edition=prelim

[Boiler 45,731]

I assumed he is not a member of the armed forces?

[Ranava14 12]

36 minutes ago, Allaboutwaiting said:

"If a person lawfully admitted for permanent residence is the spouse or child of a member of the Armed Forces of the United States, is authorized to accompany the member and reside abroad with the member pursuant to the member's official orders, and is so accompanying and residing with the member (in marital union if a spouse), then the residence and physical presence of the person abroad shall not be treated as-

(1) an abandonment or relinquishment of lawful permanent resident status for purposes of clause (i) of section 1101(a)(13)(C) of this title; or

(2) an absence from the United States for purposes of clause (ii) of such section.

(June 27, 1952, ch. 477, title II, ch. 9, §284, 66 Stat. 232 ; Pub. L. 110–181, div. A, title VI, §673, Jan. 28, 2008, 122 Stat. 185 .)"

 

Source: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1354&num=0&edition=prelim

Thank you!!

Edited March 28, 2023 by ValRam

[Ranava14 12]

26 minutes ago, Boiler said:

I assumed he is not a member of the armed forces?

No, contractor supporting the armed forces. 
 

He‘s still considered regularly stationed abroad but not active duty/military 

38 minutes ago, Boiler said:

You only have to be in the US as long as it takes to do Biometrics

Do you happen to know how long that takes on average? Between filing and biometrics being done? 

[Boiler 45,731]

8 minutes ago, ValRam said:

No, contractor supporting the armed forces. 
 

He‘s still considered regularly stationed abroad but not active duty/military 

Do you happen to know how long that takes on average? Between filing and biometrics being done? 

Seems to be fairly quick but not something I have kept an eye on.

[Family 4,065]

2 hours ago, ValRam said:

I don’t think I’m able to file N-400 because you’re supposed to have over one year left on your contract overseas at the time of naturalization. We barely have a year left now so if naturalization takes around 9 months at least, that would only leave us with 3 months.

I think perhaps that refers to contract term at the time of application…since their processing time is wildly inconsistent. 
I think it’s worth applying for N-400 NOW..the base should have a great deal of support on this issue. Give it a shot

[Volli 31]

Our neighbor had a very similar problem. His wife (US Citizen) is a teacher (not a member of the armed forces, though) at a US base here in Germany and is also here on orders. He has already received his GC but both will stay in Germany for quite a while because she is still teaching here. They then consulted a lawyer and he drafted a letter supposedly to prevent this difficulty with the loss of the GC. Unfortunately I don't know what the content of this letter is, but maybe you should also contact an immigration lawyer. An initial conversation does not cost much.

 

Edited March 29, 2023 by Volli

[Ranava14 12]

1 hour ago, Volli said:

Our neighbor had a very similar problem. His wife (US Citizen) is a teacher (not a member of the armed forces, though) at a US base here in Germany and is also here on orders. He has already received his GC but both will stay in Germany for quite a while because she is still teaching here. They then consulted a lawyer and he drafted a letter supposedly to prevent this difficulty with the loss of the GC. Unfortunately I don't know what the content of this letter is, but maybe you should also contact an immigration lawyer. An initial conversation does not cost much.

 

That’s very helpful. Thank you. Do you think it would be possible to ask them which lawyer they used? 
Maybe you could send me the name in a message if you do happen to find out or know? It would be very much appreciated! 

[Volli 31]

I've sent you a message ...

[Mike E 11,741]

This might be relevant

 

 

[Ranava14 12]

1 hour ago, Mike E said:

This might be relevant

 

Very helpful!! Thanks very much! 

[Ranava14 12]

my husband and I are currently living overseas with my husband working as a dod contractor. 

 

We filed for green card and received it all while being overseas. Our contract is going on for another year. We travel to the United States frequently but only ever stay for a week or two.
 

I’ve been warned multiple times that they could consider my green card abandoned if I stay out for too long. 
 

Naturalization is not an option yet because I have to file with Germany first to make sure I get to keep my German passport when filing for American citizenship. 
 

Only option seems to be Reentry permit. However I’m never in the u.s longer than a week or two. 
 

I could file and send to lockbox today but im flying out in three days. I will return in four weeks and stay for two. Returning for biometrics wouldn’t be a problem at all. 
 

my question is: would it be a problem if I had left the states temporarily while waiting for the receipt notice? 
does uscis keep track of my travel and would they automatically reject my application if I quickly flew home and then came back? 
I’ve read that receipt notice can take a few months which makes sense, im sure it takes them a while to get to applications. 
 

i have no trouble returning to the states on short notice any time, I just can’t stay for months at a time because I have a house full of animals I need to take care of right now. 
 

It’s a really tough situation so any insight would be so helpful. 

Edited March 30, 2023 by ValRam
Edited to fix typos

[Ranava14 12]

Looks like filing naturalization isn’t an option immediately, as I would lose my current passport. So I have to file with Germany first to ask for special permission for dual citizenship which will take between 12-18 months according to the internet. 
 

Only option seems to be Reentry permit but I’m never in the states longer than two weeks and my husband can’t be in the states for more than 30 days out of the year or he’ll loose his special tax exemption status. 
 

does anyone know if I can send in my Reentry permit packet and then leave temporarily before coming back for biometrics? 
 

I’m trying to figure out exactly what I’ll have to do to make sure I do things right. I’d hate to spend 700$ on an application only for it to be denied because I traveled while it’s pending.