I'm trying to remove the residency issue altogether by progressing to USC status ASAP and working where I need to while paying tax/SS. I'd almost agree with you except that I'd be outside far more than inside the US and I suspect CBP wil pick it up.zzm9980 wrote:Are you planning to reside in the Us or singapore?
If you can stay in the Us for 3-4 months and live near a USCIS office, just travel as a visa-free tourist and apply for an adjustment of status to PR (greencard) once there ~60 days.
Once you have pr, you can apply for citizenship in 2y 9 months. You're supposed to be resident in the Us during that time but there isn't any way to really prove it as long as you lay your taxes and don't claim he earned income exclusion. And honestly as long as you pay your full taxes that is probably all they care about.
zzm - can I leave the USA while waiting for the LPR card to come through (the 60 day period)?zzm9980 wrote:Are you planning to reside in the Us or singapore?
If you can stay in the Us for 3-4 months and live near a USCIS office, just travel as a visa-free tourist and apply for an adjustment of status to PR (greencard) once there ~60 days.
Once you have pr, you can apply for citizenship in 2y 9 months. You're supposed to be resident in the Us during that time but there isn't any way to really prove it as long as you lay your taxes and don't claim he earned income exclusion. And honestly as long as you pay your full taxes that is probably all they care about.
Citizenship application requires 50% of the days physically present in the US during the preceding 5 year period, then 3 month uninterrupted residence in the same county before application - that's where the minimum 2 years 9 months comes from. The application form specifically asks for entry and exit dates from the US during that preceding 5 year period and I'd guess they could easily verify if they wanted to.PNGMK wrote:I'm trying to remove the residency issue altogether by progressing to USC status ASAP and working where I need to while paying tax/SS. I'd almost agree with you except that I'd be outside far more than inside the US and I suspect CBP wil pick it up.zzm9980 wrote:Are you planning to reside in the Us or singapore?
If you can stay in the Us for 3-4 months and live near a USCIS office, just travel as a visa-free tourist and apply for an adjustment of status to PR (greencard) once there ~60 days.
Once you have pr, you can apply for citizenship in 2y 9 months. You're supposed to be resident in the Us during that time but there isn't any way to really prove it as long as you lay your taxes and don't claim he earned income exclusion. And honestly as long as you pay your full taxes that is probably all they care about.
You have to apply for something called "advanced parole", and it comes with your temporary work permit. My wife got hers 6 weeks after initial gc application, but the gc itself was in hand less than 4 weeks after that.PNGMK wrote:zzm - can I leave the USA while waiting for the LPR card to come through (the 60 day period)?zzm9980 wrote:Are you planning to reside in the Us or singapore?
If you can stay in the Us for 3-4 months and live near a USCIS office, just travel as a visa-free tourist and apply for an adjustment of status to PR (greencard) once there ~60 days.
Once you have pr, you can apply for citizenship in 2y 9 months. You're supposed to be resident in the Us during that time but there isn't any way to really prove it as long as you lay your taxes and don't claim he earned income exclusion. And honestly as long as you pay your full taxes that is probably all they care about.
This above is why the IN319B interest me - it does away with 3 year naturalisation waiting period.GSM8 wrote:Citizenship application requires 50% of the days physically present in the US during the preceding 5 year period, then 3 month uninterrupted residence in the same county before application - that's where the minimum 2 years 9 months comes from. The application form specifically asks for entry and exit dates from the US during that preceding 5 year period and I'd guess they could easily verify if they wanted to.PNGMK wrote:I'm trying to remove the residency issue altogether by progressing to USC status ASAP and working where I need to while paying tax/SS. I'd almost agree with you except that I'd be outside far more than inside the US and I suspect CBP wil pick it up.zzm9980 wrote:Are you planning to reside in the Us or singapore?
If you can stay in the Us for 3-4 months and live near a USCIS office, just travel as a visa-free tourist and apply for an adjustment of status to PR (greencard) once there ~60 days.
Once you have pr, you can apply for citizenship in 2y 9 months. You're supposed to be resident in the Us during that time but there isn't any way to really prove it as long as you lay your taxes and don't claim he earned income exclusion. And honestly as long as you pay your full taxes that is probably all they care about.
Green cards themselves used to be easier to maintain with a once a year entry, but in recent years immigration seems to be questioning people at point of entry if they are out for more than a few months a year repeatedly - although this process appears to be subjective based on the CIS officer one encounters
It looks like I'll be running into the same issue. We didn't realize that leaving the country for 12 months would be considered "abandoning" green card status. If the amount of time spent outside is only a couple of years it may be possible to file for an SB2 re-entry visa for the former green card holder to restore validity. If that option doesn't work out it is likely that the entire process is started again (petition, etc). This is one of the issues the OP and others should be aware of, especially since many Americans such as myself married non-citizens.sundaymorningstaple wrote:Excellent informative posts. Many thanks. This is good stuff. I got my wife her green card 30 years ago and we kept it for around 3 years, but as I was still working here and we had decided to put our kids into the local school system, We gave up her card voluntarily (I used to share an office with the INS immigration officer here in Singapore back when his office was in International Plaza - worked with JVA at the time) It was on his advice to give it up and then 3 to 6 months before I decided to move back to the US, to reapply and include the original Visa number for reference. However, lots of water under the dam and years down the road so not sure how that will pan out on my retirement in 7 years.
USPM - all helpful. I have an immigration attorney looking at this now - she concurs the I-130 route is probably ok if I am not in a huge rush. The main issue is not a lot of people have experience with the IN319B - it's a pretty niche visa.USPM wrote:For the OP, here are a couple links that might help you out. I have no connection with these. The first link gives information on the "supporting" process for non-US based i-131 petitioners since this is a common point of difficulty for the US citizen living abroad. I think it should be easy for your wife to show "keeping ties" to the US since she owns a home and should file US taxes each year. There is an interesting tidbit in there about allowing filers to use (faster) DCF in "exceptional circumstances" such as reassignment. Probably doesn't apply to you but it's worth being aware of in case your situation changes.
http://www.nolo.com/legal-encyclopedia/ ... broad.html
The second link I came across talks pretty extensively about expedited naturalization and section 319b, with some interesting info in the comments. Hopefully this helps you out.
http://lawandborder.com/expeditious-nat ... ed-abroad/
Good luck! I'll probably have to deal with all this US immigration stuff again in a few years myself.
Users browsing this forum: No registered users and 4 guests