Unsure of something!

[JamalNTam 1]

Hi all! We have our AOS interview in 2weeks (yey) so hopefully I'll have my greencard approved then. Currently my husband is in the military but will be gettin out next year. He is concidering taking a position with the governmant, pretty much doing the same thing as he is in the airforce now, for the us airfoce in Italy. It means he wont technically be in the military but he will be working for them etc. Now my question is what will happen with my greencard? I know that people can expidite citizenship if their spouse is stationed overseas in the military, do you think this will be the same case? How does it work for the spouses of employers of US embassies that get stationed outside the us? Many thanks x

[YuAndDan 153]

You will still have green-card. If you do get stationed overseas working for the government, this may not be counted as out of country time.

If you are at least 18 years old and:

Are the spouse of a U.S. citizen who is one of the following:

• A member of the U.S. Armed Forces;
• An employee or an individual under contract to the U.S. Government;
• An employee of an American institution of research recognized by the Attorney General;
• An employee of an American-owned firm or corporation engaged in the development of foreign trade and commerce for the United States;
• An employee of a public international organization of which the United States is a member by law or treaty; or
• A person who performs ministerial or priestly functions for a religious denomination or an interdenominational organization with a valid presence in the United States

and You will be proceeding to join your spouse whose work abroad under orders of the qualifying employer will continue for at least 1 year after the date you will be naturalized. Form N-400 should be filed prior to departing.

Continuous Residence: Not Required

Physical Presence in the United States: Not Required

Time in USCIS District or State: Not Required

http://www.uscis.gov/files/article/M-476.pdf

[Krikit 1,165]

Hi Tam. You'll need to get a returning resident visa before you leave.

Link

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
• Fail to file income tax returns while living outside of the US for any period.
• Declare yourself a "nonimmigrant" on your tax returns.

[YuAndDan 153]

Hi Tam. You'll need to get a returning resident visa before you leave.

NOT returning resident visa, that is applied for at the consulate. Apply for a renentry permit (I-131) for trips lasting longer than 1 year but less than 2 years. Edited November 16, 2007 by YuAndDan