Job transfer to overseas after my wife applied for her GC

[will6311]

Hi,
I am a US citizen and my wife is in the middle of obtaining her greencard process now, we are expecting to have her case approved in the next 6 weeks. However, due to company structure chagnes, I am required to be working in our overseas operations for at least the next three years or more (denpends if they are able to find a new GM after the project is finished).

Question 1. There's no way that i am leaving my wife by herself in the states. What would happend to her if she leaves the states and move to another country with me for more than a year? We do plan coming back tot he states every year to visit my parents. This job transfer is not an option to me.... either take it or lose my job. What kind of options do I have with USCIS in her case? She can be staying in the states until she gets her GC, but how about after that? She already got her Advance Parol approved (because we were going to France for honeymoon).

Question 2. What if we decide to have a child while we are overseas? Do I need to apply GC for the child or the child will be bron as a US citizen (since I am citizen) if I obtain "born on board" from US embassy overseas?

Please help.

 

[Jackolantern]

She needs to be in the US for fingerprinting and the interview, if she hasn't already done that.

To keep things simple and straightforward, I would also strongly suggest that she stays in the US long enough to get the GC in her hand. Or at least don't give up the house for the next 6 weeks. Then she can return with Advance Parole, pick up the GC in the mailbox, and leave again.

Once she has the GC, she might be able to qualify for expedited citizenship under section 319(b) because of your overseas employment. But it will require her to be in the US for fingerprinting, interview, and oath. In case she does not qualify for that, she should also apply for a reentry permit, which would preserve her green card while she is away for up to 2 years.

You're supposed to report the birth to the consulate in the country where you're staying. The child may or may not be a born citizen, depending on whether you satisfy the relevant conditions and your success in providing proof to convince the consulate that you meet those conditions. If they determine that the child is a US citizen, you can get them to give you a US passport for the child.

See http://travel.state.gov/law/info/info_609.html

Birth Abroad to One Citizen and One Alien Parent in Wedlock: A child born abroad to one U.S. citizen parent and one alien parent acquires U.S. citizenship at birth under Section 301(g) INA provided the citizen parent was physically present in the U.S. for the time period required by the law applicable at the time of the child's birth. (For birth on or after November 14, 1986, a period of five years physical presence, two after the age of fourteen is required. For birth between December 24, 1952 and November 13, 1986, a period of ten years, five after the age of fourteen are required for physical presence in the U.S. to transmit U.S. citizenship to the child.