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Keeping My Green Card While Staying with Spouse (Citizen) Who Works Overseas

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  • 12-07-2009, 10:40 PM
    Arlington
    Keeping My Green Card While Staying with Spouse (Citizen) Who Works Overseas
    Hi,

    I am a US citizen and am thinking about marrying my girlfriend, who obtained her green card through her employer.

    She plans to keep both her green card and her current citizenship (so she won't be going through USA Naturalization).

    However I may receive an overseas assignment that lasts for a few years, if not longer -- and if we get married she'll be staying with me overseas.

    Is there a way for her to keep her green card? We live together in NJ state.
  • 12-08-2009, 10:32 PM
    Mr. Knowitall
    Re: Keeping My Green Card While Staying with Spouse (Citizen) Who Works Overseas
    Continuous residence is a requirement for naturalization. If a permanent resident leaves the United States for more than 6 months, the law states that she has disrupted her "continuous residence" unless she can prove otherwise. Read this.
    Quote:

    Quoting 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.

  • 01-05-2010, 12:50 AM
    la22
    Re: Keeping My Green Card While Staying with Spouse (Citizen) Who Works Overseas
    you may want her to apply for a reentry visa, so she can stay out one or two years.

    is there a reason she does not want to become a citizen? if she marries you, she might have the option for dual citizenshp
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