Would my plan work?

[Jackolantern]

My opinion is you should proceed on N-470 and your wife keep the GC alive by not being absent from US for more than 6 months. There is a good chance she will be approved for citizenship as long as she meets physical residency and you file tax jointly. She can always explain her absence to your employment abroad.

If she proceeds on re-entry permit for 2 years she has to wait for 4 years and 1 day since her return to file N-400. Clock has to be reset.

If the OP gets an approved N-470, it would also cover his wife, so if she went away for 2 years with him it wouldn't reset her 5-year clock.

 

[lost123]

beanlee,

Hi, I wanted to share my story with you.
I have applied for the citizenship based on the 5 yrs rule. I stayed out of the country for about 750 days. I did my interview, passed the english & civic parts. What is holding up on my approval is the fact that I was out of the US for 229 days instead of the 180 without a reentry permit. Although i have paid taxes, i am a partner in a corporation, kept bank account, credit cards and all that, my application is still "pending". i have contacted the local office twice since the interview. one gave me no hope while the other time, the i/o decided not to give me any hints on why it has stalled. it has been 2 months and it seems i have to wait another 2 months, before the 120 exhaust and they have to make a decision.

the point is, you cant anticipate how the i/os will react. although i have given proof to them that i did not abandon my residency, they still claim so.
worse part is that i want to bring my spouse and we have been apart since january, as i anticipated i wouldnt have a problem with the naturalization and in fact, the decision is delaying all the aspects of my life. on top of that, i am very sad, stressed and unsure what i can do and will do.

so, i advise you to speak with a lawyer who is experienced and will be able to give you the different scenarios.

i believe cis is harder today because of all the economic problems the country is facing. with high unemployment, even if you have the cleanest record does not means (in their point of view from my experience) that you will be guaranteed what you think you should get. so think hard because your green card believe it or not, it is like gold. you never know when you will need it before it is gone.

all the best!

 

[JAEMM]

U.S. citizens can work for foreign employers, both remotely and traveling overseas. Working for a foreign employer itself should have no negative impact regarding your green card.

(I myself will likely stay employed by my foreign employer if/when I repatriate to the United States.)

However, you cannot file the Foreign Earned Income Exclusion (Form 2555). You will need to pay U.S. income taxes on all that income. And you will want to list your U.S. residence on your tax return, not a foreign address. Otherwise you will absolutely risk losing your green card.

Personally I don't see anything wrong with having two (or more) domiciles, but nation state's haven't caught up on the clue they no longer have a monopoly on their residents.

If you want to really make sure you keep your ties to the U.S. -- for purposes of not losing the green card, and maybe even for maintaining eligibility for naturalization -- this is what I'd recommend:

Create an LLC in the state of your residence.
Get your foreign employer to instead establish a contract relationship with your LLC
The foreign company will wire your contract pay to your LLC, you will pay U.S./State/Local business and personal taxes on that income.

You will likely need more help from an accountant than an immigration attorney.

 

[JAEMM]

This article is a little more pessimistic regarding having a foreign employer, which makes my recommendation all the more relevant:

www visalaw com/95mar/3march.html

Residence is based on where one’s permanent home is located. Absences of more than six months are presumed to break continuous residence unless the permanent resident can show that he/she did not terminate US employment and was not employed abroad and that the applicant retained his or her abode. Absences of greater than one year automatically break the period of continuous residence unless the applicant is employed by the US government or a recognized US research institution, the permanent resident is employed by an employer engaged in foreign trade, or the permanent resident works for a public international organization where the US is a member and the lawful permanent resident did not work for the organization until after permanent residency was granted. The applicant must specifically apply for this benefit prior to the end of a year abroad.

 

[Jackolantern]

U.S. citizens can work for foreign employers, both remotely and traveling overseas. Working for a foreign employer itself should have no negative impact regarding your green card.

You are right that US citizens can work for foreign employers without issue, but that is irrelevant here. This is about a green card holder working abroad for a foreign employer, and such employment during lengthy trips outside the US is risky for a green card holder, especially one who is interested in becoming a US citizen.

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11185/0-0-0-30650/0-0-0-30706.html

The types of documentation which may establish that the applicant did not disrupt the continuity of his or her residence in the United States during an extended absence include, but are not limited to, evidence that during the absence: (Amended 9/24/93; 58 FR 49913)

(A) The applicant did not terminate his or her employment in the United States;

(B) The applicant's immediate family remained in the United States;

(C) The applicant retained full access to his or her United States abode; or

(D) The applicant did not obtain employment while abroad.