Looking for advice : reentry permit or not ?

[Catseyes]

Hi guys,
I need to give information so that someone can advise :

My husband and I both got GCs in June 2005.
My husband is a company' leadership program and was told that his next assignement would be in Belgium. This assignment is supposed to be approximately ONE year ( should be more like 10 months ) : temporary assignment !
I would of course move with him, but we do plan and want to come back to the US after this TEMPORARY assignment.
We would keep bank accounts in the US, as well as 401(k)/IRAs, cars would be stored ... (as proofs of ties to the US)

The thing is we do not want to loose GC, knowing that any stay outside the US for >6months puts us at risk.
However, the reentry permit is supposed to be for stays > 1year, but < 2years , right ?

Also, we plan on applying for citizenship later. So if we do file for the reentry permit, INS will know we were out of the country for some time, and we would have to wait more time to apply ( continuous residence : we would not be eligible for the form N-470).
But if we don't file for the reentry permit ( putting us at risk when we come back ), the INS would not know that we were out ( right ?), so we could apply for citizenship 5years after GC.

What do you guys think ?
Thanks for any inputs!

[harvydonald]

Originally Posted by Catseyes

Hi guys,
But if we don't file for the reentry permit ( putting us at risk when we come back ), the INS would not know that we were out ( right ?), so we could apply for citizenship 5years after GC.

What do you guys think ?
Thanks for any inputs!

That would be fraud. You could be accused of providing false information on your Citizenship application.

[Catseyes]

Yeah, that's what I thought...
Thanks guys.

[Catseyes]

Thanks DV_EU_Win for your reply.
I already have a job offer, so I cannot take time off to live somewhere in the US.
That's what we planned from the beginning : reentry permits, sailing permits...
And we know we'll be paying through the nose for taxes as we will have to pay Belgium taxes ( well, at least, we will get credit for those though...)
We will have to wait a little longer for the citizenship, but it doesn't matter to us : we like it here and lan to live here til the end !

Thanks guys for all your answers : you confirmed what we thought.

[Catseyes]

Yes, in France, we get a lot of paid vacation. But, first we are going to Belgium, and second, we will be expatriates => salary and vacation etc from the US.



The company is paying for a lawyer for the relocation to Europe. So, I'll see how he handles it, and I'll post the outcome.

[qili]

Originally Posted by Catseyes

salary and vacation etc from the US..

I think that's your out: you are essentially a US employee working temporarily in Europe. You should use it to establish your US residence, and just make sure that you take trips back to the US regularly.

I wouldn't take the reentry permit route. I would also approach the employer to see if you can provide legal advise (and pay for it).

[Catseyes]

As I had promised, I post what the immigration lawyer ( paid by the company ) said.

He said that even if the assignment is for less than a year, it is always SAFER to apply for I131 ( in case anything happens, and we can't make it back within a year ).
He said that applying for one truly shows the intent to come back and to do everything possible to maintain GC status.
He also said that even if < 1year, if the border officer starts to ask too many questions, then showing the I131 should make it.
It preserves the GC no matter what ( if < 2years of course ).

He also said that APPLYING for the I131 does not break the continuous residency requirements for naturalization.
As I already knew, he said that we will only know at the USC interview, if the officer thinks we broke the continuous residency ( if < 1year ).

To back up for continuous residency, it is suggested to have a US address, bank accounts, being still paid in USD in a US bank account, rent / storage bills...., letter from employer saying it was only a temporary move.
Also, regular trips to the US would help.
( we are not eligible for N470 ).

Thanks to people here ( EU_DVwinner, **** ...), I already knew this info.