Job situation Dilemma - Europe

P

PHSESAaug

Registered Users (C)
I have been offered a position in Germany and the company is very interested in hiring me. Got my GC 1.5 yrs ago. The job requires me to be in Germany for 3 years and gives me the option of coming back to work for the company in their US office after that period. This is a foreign company and not a US company.

1. I own a home in the US which will be rented if I take the offer

2. The job requires me to come to the US office frequently for coordinating some installation work and to train staff here (4 times a year 2 week trips each time). Including my vacation I am estimating I will be spending 2.5 to 3 months in the US every year.

3. I will maintain an apartment which I will share with my friend in the US (lease utility bills etc) and the rent is nominal anyway.

4. Most likely I will keep my car and not sell it.

5. My sincere intention is to come back to the US after 3 years to join the same employer or another US employer.

Do you think this situation will break the continuous residency requirement? More importantly will I be given any unwarranted trouble at the airport during these 3 years?
 
Suppose we say that for sure you will break continuous residence. You would take the job anyway, right? So go ahead and take the job and whatever happens will happen.
 
Taking a 3 year job in a foreign country with a non US company will lead to a break in your continuous residency requirement (which can't be overcome by evidence) not to mention your physical presence requirement. Also, you stand a good chance of getting your green card revoked during your back and forth travels to US without a reentry permit.
Your intention may well be that you plan to return to US in 3 years, but your extended time outside US with a non US company is greater than your intent to reside in US in several years. On the bright side, you can always apply for naturalization 4 years +1 day after your return to US in 3 years time.
 
Counter

Jacko,

Is the burden on me or the USCIS to prove my intent was to leave the US. If having permanent residence (apartment with lease) in the US with temporary residence in germany - hotels, paying US resident taxes and having most of my investments in the US is not proof enough what else is?

Bobysmyth - I was told the visa will be 1 year visa extended every year not a 3 year visa. Tell me how this breaks continuous residency requirement. I am clueless as how this will break physical presence requirement - I will file N400 ONLY after accumulating 30 months here.

Conleche - No I dont have family here. I was told reentry permit is not a guarantee for keeping your GC. They could still bar you entry with the reentry permit.
 
Last edited by a moderator:
PHSESAaug said:
Bobysmyth - I was told the visa will be 1 year visa extended every year not a 3 year visa. Tell me how this breaks continuous residency requirement. I am clueless as how this will break physical presence requirement - I will file N400 ONLY after accumulating 30 months here.
Click to expand...

Are you referring to the foreign visa? I was referring to reentry permit for US so that you don't risk loosing your GC.
Any travel outside the US for more than 6 months would break your continuous residency requirement.
See the guide for details on all requiremetns:

www.uscis.gov/files/article/M-476.pdf
 
Info

I know that...I will never be out of US for more than 3 months at any time. 2 week visits every 3 months...

Yes, even with reentry permit entry is not guaranteed.

My foreign visa will be 1 year visa extended every year.

What do you think about this situation given I am maintaining a home in the US and an apartment.
 
PHSESAaug said:
Jacko,

Is the burden on me or the USCIS to prove my intent was to leave the US. If having permanent residence (apartment with lease) in the US with temporary residence in germany - hotels, paying US resident taxes and having most of my investments in the US is not proof enough what else is?
Click to expand...
What I think doesn't matter. You're going to take the job anyway regardless of what I say or anybody else says on this forum. And when you come back you will apply for citizenship anyway regardless of what we say. Am I wrong on any of those points?
 
Yes you are wrong on those points. Now can you answer my question based on the legal reasoning.
 
Last edited by a moderator:
PHSESAaug said:
I know that...I will never be out of US for more than 3 months at any time. 2 week visits every 3 months...

Yes, even with reentry permit entry is not guaranteed.

My foreign visa will be 1 year visa extended every year.

What do you think about this situation given I am maintaining a home in the US and an apartment.
Click to expand...

The main thing here is that you'll be taking a job overseas with non US company and will have a back and forth travel patten between that country and US. These two things will weigh heavily against you in trying to demonstrate US residency ties during the period in question.
 
Last edited by a moderator:
Taking a job outside usa at non-usa company may be too risky. IO may bring up questions about your trip and may ask you for tax transcript. If you want to become a US citizen, you must intend to stay in usa as long as you obey the rules of USCIS.
 
1. Before you leave get it in writing from your German employer that after 3 years you have the option of transferring back to their office in the US.

2. Get a re-entry permit from the US. I'm not sure why you're resistant to the other folks that have suggested this. (I believe you can renew a re-entry permit so the 2 year term shouldn't be a barrier.) It may not be an absolute guarantee, but does indicate to USCIS that you have not abandoned your GC and have every intention of coming back. It will probably also reduce the probability of being hassled by US immigration...especially in your last year abroad. Please note GC abandonment is a separate question from continous residency requirement for purposes of the citizenship application.

3. Do everything else to ensure you're not abandoning residency. File on Form 1040/1040A, maintain house, etc.

If you apply 5 years after getting GC, it sounds like you won't be able to meet the 30 months physical presence test or you'll be so close you'll probably not meet it by the time interview/oath comes around.

It sounds like you're asking about continuous residency since you're maybe planning to apply after you've been back for 30 months...therefore trying to use 30 months that you were in Germany as "US residency"? You could try but outcome will entirely depend on the discretion of your interviewing immigration officer. Given the facts -- you were in fact working abroad; even if you file on Form 1040, you will most likely be taking the foreign tax credit and not paying US tax (I highly doubt you'll be willing to pay double taxes on your income); the back to back absences for three years even if each was under 6 months -- I think it could go either way. If you try and fail though, you could always re-apply 4 years + 1 day after you moved back to the US and it shouldn't be a problem. Good luck.
 
Last edited by a moderator:
PHSESAaug said:
Jacko,

Is the burden on me or the USCIS to prove my intent was to leave the US. If having permanent residence (apartment with lease) in the US with temporary residence in germany - hotels, paying US resident taxes and having most of my investments in the US is not proof enough what else is?
QUOTE]

The burden will be definatly on you to prove you did not intend to abandon your green card.

As with everything else, the best you can do is get the re-entry permit to at least maintain your US residency status and then when you get back to the US after this entire thing is over, then re-look at your time table and apply when you meet the physical presence requirements down the road.

And yes the company being a non-US company will also weigh against you in this...
Click to expand...
 
Your US residency will be a problem... However, you might decide to stay in Germany after all... Germany is desperate for qualified personel. :)

I agree with those who posted concerns regarding meeting the US residence requirements.
 
We have a somewhat similar situation, although in our case, we are at the tail end of our petition...

My husband and I have our N400 petition pending for almost 18 months. We passed our interview in July 2007 and had our 2nd fingerprinting 2 weeks ago. We were also informed that we have been cleared from background check. We have to leave for an international assignment in December and would like to understand the steps we need to take so it does not impact/disrupt our naturalization process, in case we do not get called for oath by then.
 
desperate4Natz said:
We have a somewhat similar situation, although in our case, we are at the tail end of our petition...

My husband and I have our N400 petition pending for almost 18 months. We passed our interview in July 2007 and had our 2nd fingerprinting 2 weeks ago. We were also informed that we have been cleared from background check. We have to leave for an international assignment in December and would like to understand the steps we need to take so it does not impact/disrupt our naturalization process, in case we do not get called for oath by then.
Click to expand...
They are supposed to decide your case within 120 days after the interview. They obviously didn't, so you have the right to sue to compel them to decide your case ASAP. See a lawyer and do what you can to get your case decided before December. And don't agree to a second interview, they have no right to subject you to another interview at this late stage.
 
You must log in or register to reply here.
Top