Employed abroad by US company - no N-470

J

jbjusto

New Member
Hi Mr. Khanna,

I would greatly appreciate your help with the following case.

My wife and I got our GC on 8/2007 through my former employer via EB2 and we will be eligible to file N-400 on May 2012.

We've been physically in the US for pretty much the entire time (some absences of 1-2 weeks every few months), and living on the same district for the past 2 years.

I just got a job offer from a new employer (large US company) to relocate back to our home country between October 2011 and May 2012 and help open a local office. We are not eligible for filing N470 since we've never been in the US for 1 year straight.

If I accept this job offer, my wife would quit her job and relocate with me during the entire duration of the project. She'd be unemployed during those months and take care of our baby girl (1 year old; US citizen).

It is very important for us not to reset the requirements and be able to file in May of next year. We absolutely want to file the N-400 in May 2012 and not have to wait for anther 4-5 years.

We are considering keeping our current leased apartment (perhaps move into a smaller one) as well as car, health plan, file US tax returns, etc while we are abroad, and until our come back on April 2012. My wife and I could travel to the US every couple of months during that tenure, and stay for 1-2 weeks every time.

Could this be interpreted by an IO at POE or by an N-400 examiner as abandoning residence, or breaking continuos residence?

What precuations should we take to safeguard our GC and get to May 2012 in good shape for filing the N-400?

Thanks for any help!

JB
 
At the very least, have your US employer provide you a letter stating that it is a temporary assignment and that you would be returning permanently to the US after that time.
Also, you should be prepared to show evidence that you maintained a residence in the US during your time outside the US.
Finally, try to travel back to US at least once during the 8 month trip.
The more evidence you have, the greater the chances you have in proving that you did not break continuous residence.
 
jbjusto said:
Thanks Bobsmyth,



What's your reasoning for returning only once instead of more regularly?

Cheers,
JB
Click to expand...

Not only once, at least once to break up the 8 month trip. The more return trips you take the better your chances of showing US residential ties.
 
AS of right now, how long will it take to reach ONE FULL YEAR in order to file an N-470? Once you reach the full year you can file an N-470 and go abroad before it is adjudicated. An N-470 does not require fingerprinting or an interview. It would be safer doing that.

Your ties back to the U.S. will be quite weak. Your spouse would quit her job and the whole family would go abroad where you would be working. Are you absolutely sure that the employer is at least 50.1% U.S. owned? International companies with foreign ownership do have U.S. branches/offices. You will downsize your residence (some people make the stupid moves of 1. only getting a PO Box or 2. "renting a room" or 3. using someone else's address).
 
jbjusto said:
What precuations should we take to safeguard our GC and get to May 2012 in good shape for filing the N-400?
Click to expand...

If you want "safeguards", your wife should keep her US job. If she gives up her US job and moves abroad with you, that greatly jeopardizes citizenship chances for both of you.

This relocation is permanent, isn't in it? Most people wouldn't quit their job because of a spouse going away for an 8-month assignment, unless the relocation is intended to be permanent.
 
Jackolantern said:
This relocation is permanent, isn't in it?
Click to expand...

jbjusto said:
We are considering keeping our current leased apartment (perhaps move into a smaller one) as well as car, health plan, file US tax returns, etc while we are abroad, and until our come back on April 2012. My wife and I could travel to the US every couple of months during that tenure, and stay for 1-2 weeks every time.
Click to expand...
Doesn't sound like its a permanent relocation.
 
If possible, it would be a good idea for her to request an unpaid leave of absence of 9 or 10 months instead of quitting her job altogether. If they grant it, returning to the same job would improve her chances for citizenship in addition to avoiding what might be a lengthy job search.
 
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