Advice on maintaining continuous residency while working overseas

[beesan]

I am a US citizen and have been offered a job abroad with a foreign company in my wife’s native country.

I would like some advice on how I could take this job while at the same time ensuring that my wife maintains continuous residency so she can apply for US citizenship.

Some specifics:

• We married abroad in February 2003
• We have resided in US since May 2006
• She has been issued a Permanent Green Card
• My wife’s permanent residency began on May 6, 2006.
• We have 2 children
• To date, our only trip abroad lasted almost 3 months (Feb 2007 to May 2007)
• We currently rent a home and have lived together our entire marriage
• My wife does not work

We plan to send our N-400 application on February 7, 2009 (88 days before her 3 year residency anniversary)

My understanding is she has to have 18 months of physical presence in the US 3 years prior to the interview.

Can someone offer suggestions that would allow me to take the job overseas and allow my wife to maintain continuous residency?

 

[Bobsmyth]

Apart from your wife remaining in US or you maintaining your home in US there's not much else you can do for your wife to retain her continuous residence. Is your job posting temporary in nature?
Her living with you overseas will most likely break her continuous residency.

 

[beesan]

Thanks for the response Bobsmyth

At some point in the future, the foreign company who has offered me the job would like for me to establish an office for them in the US. When that happens, I would reside in the US. However, from what I know now, there is not a definite time frame for this. My feeling is that I would be overseas for at least 1 year and maybe 2.

So, if we keep our house rented, can my wife stay with me overseas for periods of time while maintaining continuous residency?

 

[Bobsmyth]

So, if we keep our house rented, can my wife stay with me overseas for periods of time while maintaining continuous residency?

Paying the rent on your US house (not subletting to someone else) may help to maintain her continuous residency if she's on the lease as well as showing that your job is a temporary assignment.

 

[beesan]

We should be able to keep our US house rented while I am abroad. The company I would be working for is a foreign one with no current US operations. Any suggestions as to how I could demonstrate that the job is a temporary assignment?

 

[Bobsmyth]

A letter from your employer indicating start and end dates of the contract with an indication of the temporary nature of the job would do.

 

[Jackolantern]

So, if we keep our house rented, can my wife stay with me overseas for periods of time while maintaining continuous residency?

A few points to consider.

- Normally she would be eligible to apply in Feb. 2009. But during that time you will be overseas. If she is still spending great lengths of time outside during the naturalization process, she will almost surely be denied. So realistically, she can't apply until the end of your overseas assignment, unless she is going to spend most of her time in the US while you are over there.

- Due to your assignment possibly lasting over a year, she should get a reentry permit before leaving the US in order to preserve her green card if she is going to accompany you.

- While you are gone, she needs to stay in the US at least enough to keep the 18 months of physical presence in the 3 year lookback period. Remember it is a moving 3 year window that looks back from the application date.