US Immigration/Green Card/Working Abroad

[datsyukian]

Hello,

So my wife and I have both taught in International Schools and I met her when she was a local hire. We are now back in the US itching to go back overseas. She has a US teaching license and a Masters' degree, currently working in a US school. She has her green card and permanent resident. My question is: Does anyone know if she could teach abroad and keep her permanenent residency in the US? I know the International Schools would hire her, I'm just worried about if this would affect her residency and her path to citizenship. Or is this a question for an immigration lawer?

[PsyGuy]

She would keep her permanent residency, whether it would effect her path to citizenship 'depends' what happens politically in the future, and her unique circumstances on her application with an immigration officer. You can ask an immigration lawyer but they arent any better at predicting the future.

[buffalofan]

It can affect both her US residency and path to citizenship. Basically, if getting a US passport is important to your wife, you guys need to stay in the US until she has it.

I disagree that she would even keep her permanent residency. It would be a big risk, especially under the current "leadership" in power in the US. Immigration officers at US ports of entry have total discretion and your wife would be at their mercy if you moved abroad and then (say after 1 year or so) came back for a visit with your wife and she attempted entry with her green card. Since the green card is for living in the USA, and you guys would obviously not be, the immigration officer can revoke the green card on the spot and tell her to go away.

There is an expat forum called visajourney that has loads of info on this and is worth checking out.

[PsyGuy]

It is possible, but the degree of risk would depend on your spouses nationality prior to receiving their US PR (Permanent Residency), if your spouse is an undesirable nationality, than yeah the risk is significantly increased under the current political system. If not, than I wouldnt worrry about it.

[jamcdona]

You have to show continuous residency in the US to prove that she's been in the States for 3 years (due to marriage of a US citizen, which I'm assuming you are one) and met minimum requirement of 3 years for citizenship. While you are allowed to leave the US for longer than 1 year, once she arrives back in the states, she'd need to wait 2 years and 1 day from her date of arrival back in the States before applying for citizenship. Then, during all the paperwork, you'd have to show additional paperwork providing evidence of outside travel, including addresses, reasons, etc. It would be additional work for you guys as you apply for citizenship.

If you remained in the US until she got citizenship, you could start the naturalization paperwork up to 90 days before the 3 year anniversary her LPR status. Let's say her 3 year LPR anniversary is 1/1/2019, (she got her green card on 1/1/2016) she could file technically as early as 10//03/2018. This also assumes that you guys have been married for at least 3 years during that time as well. It sounds like she got her LPR status based on marriage to you, but I don't know how much time was in between your wedding anniversary and her LPR date stated on her green card.

It's a lot less hassle if you sit and wait it out until she gets citizenship, instead of trying to jump around internationally and then come back to apply for citizenship. It can be done; however, it would push her citizenship application timeframe later and be more paperwork and hassle on your end, because you'd need to account for all of that time overseas on her naturalization application. If you've already been married for 1-2 years, it's definitely better just to stick it out and wait for the 3 year anniversary and get naturalization then. Depending on your state, USCIS naturalization processing times *can* be a lot faster than what's posted on the official website too.

[PsyGuy]

I concur with the process as described by @jamcdona , however its just more work and more time, unless your spouse is from an undesirable country AND they happen to pull the metaphorical short straw on that day, they arent going to loose their PR or have your absence from the country to teach in IE be an obstacle or a disqualifying event.

[shadowjack]

Bottom line. Get her citizenship, THEN head out. Why take any risks when you don't have to?

[PsyGuy]

@SJ

Because there arent any practical meaningful risks. Unless the LWs residence is already hanging by a thread, than leaving isnt going too become a disqualifying event and because maybe the LW has to, maybe they have to leave. Maybe it would be better for them to leave such that the rewards of IE outweigh the consequences.