Announcement

**jdt** · 04-24-2008, 05:15 PM

Hello,
I'm hoping you can advise me on any alternatives to 2 year re-entry permit. In my case, my husband, a US citizen, just accepted a job offer in Spain with an American company that will keep us there for up to 5 years. We plan then to transfer back to the corporate office in the US. Would you advise me to still apply for the re-entry permit, knowing that I will extend my stay over the 2 years? I have had the GC for 4 years now and it does not expire until 2016... With all the work it takes to get one, I'd hate to lose it now!I wish I had applied for citizenship but now it's too late - we are moving in 2 months...
Do you know of any other alternative to giving up my GC and having to reapply before moving back to US? I do plan to travel back to US once every year to visit family and need to find a way to be able to do so... Is there any document I can get that will be good for longer than 2 years? Any advise would be appreciated!

**Rough Neighbor** · 04-24-2008, 08:51 PM

Based on the timeline that you've given, it's apparent that you obtained your GC based on your marriage to your USC spouse. And obviously, you have already complied with the 'physical presence' requirement for naturalization purposes.

Hence, if as you said you're planning to come to the US every year, you don't have to apply for reentry permit at all. Just see to it that you won't be absent continuously for more than one year anytime.

**jdt** · 04-25-2008, 05:40 AM

Thank you for your advice.

**aneri** · 04-25-2008, 08:11 AM

Jdt, you say the contract in Spain could be up to 5 years. How likely is that it will last only 2-3 years?

You can apply for second re-entry permit after the first one expires (you have to come to the USA to do that). That will "cover" you for 4+ years.

Even with the re-entry permit, after a prolonged absence, it may be determined that you've abandoned your residency in the USA. It is important to keep ties in the USA (DL, bank accounts, file taxes as resident...), and that the move is temporary.

If you abandon your residency, your husband can petition you again before you guys move back. He will be eligible to do that through the consulate in Spain; DCF (direct consular filling) is a breez comparing to going through USCIS.

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rough Neighbor:
Hence, if as you said you're planning to come to the US every year, you don't have to apply for reentry permit at all. Just see to it that you won't be absent continuously for more than one year anytime. </div></BLOCKQUOTE> It used to work that way, but not any more. More and more people face questions when trying to re-enter the USA even after only 6 months of being abroad.

It may work if jdt comes "home" for a few months... but one brief visit a year over 5 years wan't do the trick.

**jdt** · 04-25-2008, 09:43 AM

I see your point. I guess it'd be best to have the reentry permit in hand and see what the future holds. I would most likely come back to the USA for a couple of months before its expiration and would apply for a new one at that point. We do plan to keep our bank accounts, driver licence, etc. in the US to help us proof that the move is temporary. We will also be storing most of our belongings in the US and will have a proof of that as well..
Good to hear that in the worst case scenerio, petitioning through the consulate is much faster than the USCIS! Thank you!

**Adam** · 04-25-2008, 09:30 PM

You are married to USC, and had CG for 4 years.
First of all you need to file Form N-470.APPLICATION TO PRESERVE RESIDENCE FOR NATURALIZATION PURPOSES.
In filing this form you will not lose your 4 years.
You can travel on your CG, In case you are unable to returned within one year, your CG will expire, though it is issued for ten years. CG is issued to Legal Permanent Residence, so they can reside in the US, and not OutSide of the United States.
It is always good to have Permit to Re-Enter The United Stats. which is issued for two years.
Job offered by an American Company or he is transfered to Spain?
Now the American company's head of the Spain Office, will write a letter, to Your Service Center, giving detail of when this company was formed, date, in State, the business they carry out in foreign Country, They have a need for your husband in Spain to carry out this Project.
His family is staying with him and facing problems, due to non U.S. Citizen. or what ever the reason might be. He will explain to USCIS. get his signature Notary Public at the U.S. Embassy, at Spain. Complete form N-400 attached all documents as required per instruction along with Fee. mail to your Service Center for Expeditious Naturalization.
At the same time you should not abandoned your residency, Have a DL, Bank Account, house, pay your tax,

**aneri** · 04-26-2008, 08:00 AM

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Adam:
You are married to USC, and had CG for 4 years.
First of all you need to file Form N-470.APPLICATION TO PRESERVE RESIDENCE FOR NATURALIZATION PURPOSES. </div></BLOCKQUOTE>

Adam, I don't think she qualifys for N-470 as it is not her who is being transfered overseas. Accompanying a spouse is not a reason to file N-470. BTW, they are very strict about the approval of N-470 (for example what is an american company -> who owns the shares)

Same for Expeditious Naturalization, I don't see how would she qualify.

**4now** · 04-26-2008, 09:31 AM

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by jdt:
Hello,
I'm hoping you can advise me on any alternatives to 2 year re-entry permit. In my case, my husband, a US citizen, just accepted a job offer in Spain with an American company that will keep us there for up to 5 years. We plan then to transfer back to the corporate office in the US. Would you advise me to still apply for the re-entry permit, knowing that I will extend my stay over the 2 years? I have had the GC for 4 years now and it does not expire until 2016... With all the work it takes to get one, I'd hate to lose it now!<span class="ev_code_RED">I wish I had applied for citizenship but now it's too late - we are moving in 2 months... </span>Do you know of any other alternative to giving up my GC and having to reapply before moving back to US? I do plan to travel back to US once every year to visit family and need to find a way to be able to do so... Is there any document I can get that will be good for longer than 2 years? Any advise would be appreciated! </div></BLOCKQUOTE>

Why is it too late now? What is stopping you from applying right now?

What service center are you in? check processing times for n-400. You could live in a fast processing time for n-400. Just keep ties in usa and mail notifications.

You would be amazed at the people that get naturalziation that only come to visit once a year or every six months

**jdt** · 04-26-2008, 11:19 AM

I'm in California. I heard it may take up to a year to go through the naturalization process... I am going to call the USCIS to see if they can give me an approximate timeframe. So, do you think I can apply, leave the country and then travel back for the naturalization exam, ceremony? If that was not going to be a problem, I'd definately like to do that....
thank you for all your help.

**4now** · 04-26-2008, 12:10 PM

Exactly what city in california.

on the n-400 it makes a difference.

Only you know if it can work for you to apply and come back. if the money is not an issue, and the process does not take a long time. there is opportunity., You will have to make sure that you maintain your usa address and that the address also be updated with uscis.

Obviously you cannot explain that you are moving overseas. Of course your husband is working there and you go to see him for periods of time. Just remember that your entries are logged for time in and out of country.

**aneri** · 04-26-2008, 12:24 PM

Projected times for naturalisation by USCIS
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb9...CM10000045f3d6a1RCRD

just be careful not too stay outside the USA too long to break residency requirements for naturalization

**jdt** · 04-26-2008, 07:52 PM

We are in Palm Spring, CA (address of my in-laws who will hadle our mail while we are in Europe) I did the change of address online and read the N-400 instructions, which list the Laguna Niguel office in Orange County as the mailing address. I believe it's this or the Los Angeles office where I'd go for the interview.
That said, based on the 14.3 month processing estimation for the Los Angeles office, if I were to file N-400 and get fingerprinted before leaving the country, it would require me making one visit back to the US not later than 6 months (requirement for naturalization )and then again for the interview/oath ceremony... Definately doable for me, although we have a 6 month old baby and not sure if I want to put him through this long of a trip twice in one year... The benefits of doing it would definately be huge....
Thank you all for such helpful advice!

**Adam** · 04-26-2008, 08:20 PM

I have done those while I was with the U.S. DOS. at our Foreign Mission.
You are right she is not transfered or employed.
She/he is the spouse of a U.S. Citizen. Because of his/her employment she/he is in the Spain.
This can be done provided that they following the correct information.
At one time many USC had married foreign Citizens.

**4now** · 04-27-2008, 08:00 AM

Jdt

Best wishes and good luck

please come back and let us know that things went well

Announcement

altrenatives to the 2 year re-entry permit

altrenatives to the 2 year re-entry permit

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment

Comment