How easy to get visa/GC for non-US citizen spouse?

C

canape

New Member
We have been living in the US (married) for a long time on GC. My spouse decided a while back to obtain US citizenship. So, one of us is a US citizen. The other remained GC holder. One of the reasons (among several) was that we might take an oversees work assignment and would like to always have the option to come back to the US.

The question is: what happens when only one spouse is US citizen and we want to move back to the US? How easy would it be for the spouse of the US citizen to get a work visa/green card when returning to the US?
 
Your reasoning seems backwards, because the easiest way to go overseas and come back to the U.S. freely is to become a U.S. citizen -- a permanent resident must maintain residence in the U.S., or abandon their permanent resident status; a U.S. citizen, on the other hand, can leave as long as they want, and come back to the U.S. freely at any time without worry.

Anyway, to move back to the U.S., assuming that the non-citizen spouse has lost permanent residency, the non-citizen spouse would need need to apply for permanent residency again. It's not hard to do it as the spouse of a U.S. citizen, it just takes time (maybe around a year from outside the U.S.) and money and effort to fill out forms, get proof of genuine marriage, etc. Alternately, an H1b or L1b visa would also work, since they are dual-intent; but not other types of nonimmigrant visas. But work visas require sponsorship and are not as convenient as permanent residency, although one can adjust status once in the U.S.
 
After being away long enough to invalidate the green card, one would apply for a fresh green card through marriage, which would take some 8-12 months. There are other options available for obtaining a new green card, but those would take longer and would involve employer sponsorship or other restrictions/qualifications.

Having previously held a green card wouldn't make the process for the new one any easier or quicker, but having been married to a US citizen for several years will.

If the overseas assignment will be 2 years or less, apply for a reentry permit to preserve the green card for those 2 years.

If the overseas assignment is for a US company and the US citizen spouse is the one who will work overseas, the permanent resident spouse may be able to qualify for expedited naturalization under Section 319(b).
 
There is a slight twist. The non-US citizen spouse has also applied for citizenship (still being in the US). The interview date is set.
What is the best way to stop the process? Just not go to the interview?
Are there any implications down the road? e.g. applying again for citizenship?
 
The non-citizen spouse is YOU so why aren't you just saying 'I' or 'ME'? And, why exactly don't you want to become a citizen? That would be the easiest way to get back into the country later. To stop the process, you can write CIS a letter, or just ignore everything you receive henceforth.
 
Is there a particular reason why you don't want to become a US citizen or why the spouse doesn't want to become a US citizen? That would resolve the spouse's concern or yours, if you are the spouse.
 
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