Question about moving out of the US
Feb 21st 2006, 1:31 am
#1
Guest
Posts: n/a
Question about moving out of the US
Hi,
My situation is as follows: I am a US citizen while my wife is a GC
holder. She obtained her GC thru marriage to me and has been a GC
holder since 01/27/05 i.e. little over a year.
I am going to be moving out of the country due to my job. More than
likely, we will be out of the country for 2 years, maybe even 3 years.
What does this mean for my wife and her status as a GC holder?
Specificially
(1) Is she likely to lose her GC? From my understanding, even if she
visits the US every 6 months or so, it is probably not sufficient for
her to retain her GC. Is this correct?
(2) If she loses her GC, will it be easy to get it back? Or will the
fact that she was a GC holder in the past have any negative effect on
her application?
(3) If allowed to keep her GC, how would this effect her naturalization
application. (She will become eligible for naturalization in about 23
months (can apply in 20 months). She has satifised some of the
residency requirement i.e. by have lived in the US for 30 months of the
past 5 years.)
TIA
My situation is as follows: I am a US citizen while my wife is a GC
holder. She obtained her GC thru marriage to me and has been a GC
holder since 01/27/05 i.e. little over a year.
I am going to be moving out of the country due to my job. More than
likely, we will be out of the country for 2 years, maybe even 3 years.
What does this mean for my wife and her status as a GC holder?
Specificially
(1) Is she likely to lose her GC? From my understanding, even if she
visits the US every 6 months or so, it is probably not sufficient for
her to retain her GC. Is this correct?
(2) If she loses her GC, will it be easy to get it back? Or will the
fact that she was a GC holder in the past have any negative effect on
her application?
(3) If allowed to keep her GC, how would this effect her naturalization
application. (She will become eligible for naturalization in about 23
months (can apply in 20 months). She has satifised some of the
residency requirement i.e. by have lived in the US for 30 months of the
past 5 years.)
TIA
Feb 21st 2006, 2:02 am
#2
Guest
Posts: n/a
Re: Question about moving out of the US
hobbes wrote:
> Hi,
> My situation is as follows: I am a US citizen while my wife is a GC
> holder. She obtained her GC thru marriage to me and has been a GC
> holder since 01/27/05 i.e. little over a year.
> I am going to be moving out of the country due to my job. More than
> likely, we will be out of the country for 2 years, maybe even 3 years.
> What does this mean for my wife and her status as a GC holder?
> Specificially
> (1) Is she likely to lose her GC? From my understanding, even if she
> visits the US every 6 months or so, it is probably not sufficient for
> her to retain her GC. Is this correct?
I know a lady on GC who commutes between her children in US (who
emigrated with her) and the husband abroad (who abandoned the GC) . I
should you should go to an immigration lawyer and do consultation .
They are ways to manuever to maintain GC.
> (2) If she loses her GC, will it be easy to get it back? Or will the
> fact that she was a GC holder in the past have any negative effect on
> her application?
Should not think of this option.
> (3) If allowed to keep her GC, how would this effect her naturalization
> application. (She will become eligible for naturalization in about 23
> months (can apply in 20 months). She has satifised some of the
> residency requirement i.e. by have lived in the US for 30 months of the
> past 5 years.)
I think the requirement time starts after she becomes a US resident.
>
> TIA
> Hi,
> My situation is as follows: I am a US citizen while my wife is a GC
> holder. She obtained her GC thru marriage to me and has been a GC
> holder since 01/27/05 i.e. little over a year.
> I am going to be moving out of the country due to my job. More than
> likely, we will be out of the country for 2 years, maybe even 3 years.
> What does this mean for my wife and her status as a GC holder?
> Specificially
> (1) Is she likely to lose her GC? From my understanding, even if she
> visits the US every 6 months or so, it is probably not sufficient for
> her to retain her GC. Is this correct?
I know a lady on GC who commutes between her children in US (who
emigrated with her) and the husband abroad (who abandoned the GC) . I
should you should go to an immigration lawyer and do consultation .
They are ways to manuever to maintain GC.
> (2) If she loses her GC, will it be easy to get it back? Or will the
> fact that she was a GC holder in the past have any negative effect on
> her application?
Should not think of this option.
> (3) If allowed to keep her GC, how would this effect her naturalization
> application. (She will become eligible for naturalization in about 23
> months (can apply in 20 months). She has satifised some of the
> residency requirement i.e. by have lived in the US for 30 months of the
> past 5 years.)
I think the requirement time starts after she becomes a US resident.
>
> TIA
Feb 21st 2006, 2:05 am
#3
Guest
Posts: n/a
Re: Question about moving out of the US
> (2) If she loses her GC, will it be easy to get it back? Or will the
> fact that she was a GC holder in the past have any negative effect on
> her application?
OTOH, I forgot that since you are a US citizen, she can apply for
immigrant visa and enter US if she loses GC but why do that way just
for 2 years living abroad?
> fact that she was a GC holder in the past have any negative effect on
> her application?
OTOH, I forgot that since you are a US citizen, she can apply for
immigrant visa and enter US if she loses GC but why do that way just
for 2 years living abroad?
Feb 21st 2006, 12:05 pm
#4
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Question about moving out of the US
Originally Posted by Hobbes
(1) Is she likely to lose her GC?
(3) If allowed to keep her GC, how would this effect her naturalization
application.
application.
Ian
Feb 21st 2006, 1:17 pm
#5
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Question about moving out of the US
Originally Posted by ian-mstm
Do not confuse the word "visit" with "live".
She must not only be a GC holder, she must pass both the physical presence and the continuous residency requirements. Being out of the US for a substantial time will negatively impact both.
Ian
She must not only be a GC holder, she must pass both the physical presence and the continuous residency requirements. Being out of the US for a substantial time will negatively impact both.
Ian
His questions are in a very sophisticated LEGAL area. An analogy might be made to medicine -- many times, self-treatment with two aspirin is fine and other times a good internest is needed.
Furthermore, deponent sayeth not, since I'm now in a new area of "ten-foot pole" [in the sense of attorneys seem to be not allowed to touch that area on BE with same].
Feb 23rd 2006, 10:19 pm
#6
Guest
Posts: n/a
Re: Question about moving out of the US
<[email protected]> wrote in message
news:[email protected] oups.com...
>> (2) If she loses her GC, will it be easy to get it back? Or will the
>> fact that she was a GC holder in the past have any negative effect on
>> her application?
> OTOH, I forgot that since you are a US citizen, she can apply for
> immigrant visa and enter US if she loses GC but why do that way just
> for 2 years living abroad?
Why are you giving advise on something that you obviously don't know much
about?
How could someone who is already in an immigrant status be told to apply for
an immigrant visa?
You don't even know the right terminology, don't you?
May I ask. what kind of credentials do you have about immigration law
practices to be dipping your tongue in every legal immigration law
situation?
news:[email protected] oups.com...
>> (2) If she loses her GC, will it be easy to get it back? Or will the
>> fact that she was a GC holder in the past have any negative effect on
>> her application?
> OTOH, I forgot that since you are a US citizen, she can apply for
> immigrant visa and enter US if she loses GC but why do that way just
> for 2 years living abroad?
Why are you giving advise on something that you obviously don't know much
about?
How could someone who is already in an immigrant status be told to apply for
an immigrant visa?
You don't even know the right terminology, don't you?
May I ask. what kind of credentials do you have about immigration law
practices to be dipping your tongue in every legal immigration law
situation?
Feb 24th 2006, 5:21 am
#7
BE Enthusiast
Joined: Jan 2004
Location: SFO
Posts: 871
Re: Question about moving out of the US
One option that you didn't mention -- your wife can apply for a re-entry permit before she leaves the US. Of course there are no guarantees, but the purpose of a re-entry permit is to preserve one's residency while one is temporarily abroad for a period of more than one year but less than two years. She should make sure she continues to file her US taxes as a "resident" during this time as well as maintain her ties to the US -- bank accounts, a mailing address, etc. If you end up being abroad for more than two years, she may file for another re-entry permit, but she must return to the US and file it from the US.
I believe that if you will be working for a US company abroad, that might make things a little easier in terms of preserving her residency (maybe even for naturalization purposes).
If she does lose her GC, AFAIK the fact that she had one before shouldn't be held against her and she should be eligible for another one based on your marriage (assuming you are still married then).
Regarding her naturalization, have you read the USCIS naturalization guide?
http://uscis.gov/graphics/services/natz/English.pdf
The one bit I do know is, there is the "continuous residence" requirement and then there is the "physical presence" requirement. One must meet *both* requirements to be eligible for naturalization. If she is out of the US for 6 months or longer, in most cases she will "break" the continuous residence requirement and start the physical presence clock (that's the 30 months out of the last 5 years thing) ALL OVER AGAIN. But as I mentioned above, the fact that you are working as an ex-pat for an American company abroad may help to preserve her residency.
This is just a general overview as I understand it. You really should consult an immigration attorney to explore the issues in more detail. A one-hour consultation shouldn't cost more than a few hundred dollars.
I believe that if you will be working for a US company abroad, that might make things a little easier in terms of preserving her residency (maybe even for naturalization purposes).
If she does lose her GC, AFAIK the fact that she had one before shouldn't be held against her and she should be eligible for another one based on your marriage (assuming you are still married then).
Regarding her naturalization, have you read the USCIS naturalization guide?
http://uscis.gov/graphics/services/natz/English.pdf
The one bit I do know is, there is the "continuous residence" requirement and then there is the "physical presence" requirement. One must meet *both* requirements to be eligible for naturalization. If she is out of the US for 6 months or longer, in most cases she will "break" the continuous residence requirement and start the physical presence clock (that's the 30 months out of the last 5 years thing) ALL OVER AGAIN. But as I mentioned above, the fact that you are working as an ex-pat for an American company abroad may help to preserve her residency.
This is just a general overview as I understand it. You really should consult an immigration attorney to explore the issues in more detail. A one-hour consultation shouldn't cost more than a few hundred dollars.
Feb 24th 2006, 5:23 am
#8
BE Enthusiast
Joined: Jan 2004
Location: SFO
Posts: 871
Re: Question about moving out of the US
Originally Posted by 1577 Ar23
Why are you giving advise on something that you obviously don't know much
about?
How could someone who is already in an immigrant status be told to apply for
an immigrant visa?
You don't even know the right terminology, don't you?
May I ask. what kind of credentials do you have about immigration law
practices to be dipping your tongue in every legal immigration law
situation?
about?
How could someone who is already in an immigrant status be told to apply for
an immigrant visa?
You don't even know the right terminology, don't you?
May I ask. what kind of credentials do you have about immigration law
practices to be dipping your tongue in every legal immigration law
situation?
if the OP's wife were to lose her GC, she would no longer have immigrant status. In that case it would make perfect sense for her to apply for another immigrant visa when they wish to relocate back to the US.
