Me and my husband have a dilemma!

[Adlitam 3]

Hello!

 

I moved to the US on a K1 visa in February 2020. I am applying for ROC in June 2024. Considering how long the processing times are for ROC, I am probably going to apply for citizenship after 2 years and 9 months on my current conditional status while waiting for ROC. I have been advised to do this, since naturalization typically takes a shorter amount of time currently than ROC.

 

Me and my husband have lived together in the US for 4 years this year, but I have only had my GC since September 2022. We are planning on potentially moving to my home country in May 2025 because we are getting older and might want to explore how it is to live in Europe. Our dilemma is: we have spent so much time and money on my AOS, and even more money will be spent on ROC and naturalization. Should I wait to move back to my home country with my US Citizen Husband until I have received citizenship? Or is there a way for us to move to Europe, while still waiting for ROC or citizenship as long as I travel to the US every 6 months? I do not think that this is possible, but thought I would ask.

 

OR should we just move to Europe, and then apply for a IR1 visa when it is time for us to move back to the US? Would we need to be separated during the processing time? Does my husband have to file from the US or can he file from abroad and reside in Europe while waiting and then move back together?

 

Thank you

[Crazy Cat 41,811]

You are probably only a couple years from US citizenship....  Are you willing to give up all the time and money you have already spent in the US immigration system to this point?  It's a big decision. Once you obtain US citizenship, you will be free to travel freely. 

Edited January 14 by Crazy Cat

[Verrou 1,962]

if I were you, I will get my US passport first. once u have the US passport, u can live wherever you want without the restriction like LPR status ( need to reside in the US at least 6 months / year)

[Ontarkie 14,216]

I agree with the others. You're so close to the end of this why start all over later. 

[nastra30 2,284]

1 hour ago, Adlitam said:

Should I wait to move back to my home country with my US Citizen Husband until I have received citizenship?

I will recommend you wait because you are close to naturalization anyways.

[OldUser 6,607]

1 hour ago, Adlitam said:

Should I wait to move back to my home country with my US Citizen Husband until I have received citizenship?

Yes

 

1 hour ago, Adlitam said:

Or is there a way for us to move to Europe, while still waiting for ROC or citizenship as long as I travel to the US every 6 months? I do not think that this is possible, but thought I would ask.

You will likely lose GC

 

1 hour ago, Adlitam said:

OR should we just move to Europe, and then apply for a IR1 visa when it is time for us to move back to the US? Would we need to be separated during the processing time? Does my husband have to file from the US or can he file from abroad and reside in Europe while waiting and then move back together?

What if it takes 3-5 years when you apply in the future? The backlogs are growing and processing times only get worse historically.

Edited January 14 by OldUser

[Adlitam 3]

1 hour ago, Crazy Cat said:

You are probably only a couple years from US citizenship....  Are you willing to give up all the time and money you have already spent in the US immigration system to this point?  It's a big decision. Once you obtain US citizenship, you will be free to travel freely. 

Yes it’s a big decision, I’m very torn. There’s also a lot of double taxing and things like that when you’re a US citizen but live abroad that me and my husband have to take into consideration as well.
 

Thank you for replying! I think I’m going to set up a meeting with an immigration lawyer to discuss what scenarios I have to work with.

[Adlitam 3]

11 minutes ago, OldUser said:

Yes

 

You will likely lose GC

 

What if it takes 3-5 years when you apply in the future? The backlogs are growing and processing times only get worse historically.

Very true. Thanks!

[Adlitam 3]

38 minutes ago, Ontarkie said:

I agree with the others. You're so close to the end of this why start all over later. 

I know, I would probably be crazy and irrational to leave when I’m so close. But I miss my home so much, and I honestly cannot wait to for at least a couple of years live close to my family. I’ll think about it some more! Thanks for your input 😊

[OldUser 6,607]

20 minutes ago, Adlitam said:

Yes it’s a big decision, I’m very torn. There’s also a lot of double taxing and things like that when you’re a US citizen but live abroad that me and my husband have to take into consideration as well.
 

Thank you for replying! I think I’m going to set up a meeting with an immigration lawyer to discuss what scenarios I have to work with.

Don't forget about foreign income exclusion:

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

 

Unless you're income is amazing for Europe (well above $120K per person), I wouldn't worry about taxation too much.

 

Also, don't forget, even now you're taxed worldwide as LPR. Even if you abandon residency, your spouse will be double taxed as a US citizen.

 

Edited January 15 by OldUser

[Crazy Cat 41,811]

22 minutes ago, Adlitam said:

There’s also a lot of double taxing and things like that when you’re a US citizen

Taxes are exactly the same for US citizens and Green card holders. 

[OldUser 6,607]

19 minutes ago, Adlitam said:

I know, I would probably be crazy and irrational to leave when I’m so close. But I miss my home so much, and I honestly cannot wait to for at least a couple of years live close to my family. I’ll think about it some more! Thanks for your input 😊

You can always go visit family twice a year for 5 months collectively.

 

One more thing to consider is political situation in Europe in recent years. By having a US citizenship, you'd have a plan B for staying further from Europe should anything change for worse.

 

 

[Amunah 62]

Wait it up, it is a money well spent and it will be worth it. You are almost there. 

[Ontarkie 14,216]

24 minutes ago, Adlitam said:

I know, I would probably be crazy and irrational to leave when I’m so close. But I miss my home so much, and I honestly cannot wait to for at least a couple of years live close to my family. I’ll think about it some more! Thanks for your input 😊

I completely understand.  If you can swing it visiting more often might help some.  

[Adlitam 3]

8 minutes ago, Ontarkie said:

I completely understand.  If you can swing it visiting more often might help some.  

I wish that was possible, but we need our double income for where we live (we don’t even have kids but it’s still so damn expensive). So much to consider. We have applied for temporary residency in my home country, but luckily they don’t give you a time limit on when you have to move there. So worst case scenario, we might have to delay our move with 7 months. Ughhh…