Moving back to china after applying citizenship

[jiang.62]

I see a lot of warm hearted people here, please give me some advice or links about this topic.

I got my GC in Jan 2005, so we should be eligible to apply for citizenship in July 2009. Current there is an job offer I'd like to take, which is from Chinese company with local currency pay. The job will start in Oct 2008 in US (training), then move to China in July 2009. We are planning to sell the house here and move the whole family to China , but would like to keep the PR, and having my wife applying citizenship. My questions are:

1. If we come back to US for short stay every 6 month, can we keep PR status? Do we need to apply re-entry permit, and how long and how often we can do that?

2. If my wife files the citizenship application, then move to China with me, but come back for finger print and interview etc, can the citizenship be rejected? If so, how does it affect the PR status?

Thanks in advance. I am waiting for your advice anxiously.

 

[Bobsmyth]

Moving outside the country to take a job with a non-US company during the naturalization process is a sure path to denial.
It sounds like a permanent move considering you're selling your US house and moving the entire family to China. I wouldn't count on being able to keep your PR status if you plan on traveling to US from China every 6 months for more than 2 years, even with a re-entry permit.

 

[warlord]

Yep this is one of the clear cut ways to loose everything including your PR status since it will be classified as abandoned when you leave the US with no plans on returning to live...

 

[boatbod]

I got my GC in Jan 2005, so we should be eligible to apply for citizenship in July 2009.

How do you figure that?

Jan 2005 + 5 years = Jan 2010
Jan 2010 less 90 days = approx October 2009

Then there's the problem of being employed by a foreign company and living overseas. Not good for either your wife's N-400 prospects or long-term ability to keep your GC.

 

[Jojo72]

I have to agree not a good idea. And traveling back to the US every 6 months, or Greencard surfing as Immigration calls it, raises red flags with them immediately. I would try to explain your situation to the company and hopefully they will let you on once your wife is a Citizen, or you could go and then she could follow you later?

 

[Jackolantern]

I got my GC in Jan 2005, so we should be eligible to apply for citizenship in July 2009. Current there is an job offer I'd like to take, which is from Chinese company with local currency pay. The job will start in Oct 2008 in US (training), then move to China in July 2009. We are planning to sell the house here and move the whole family to China , but would like to keep the PR, and having my wife applying citizenship.

Sell US house + move whole family overseas + working in China for a non-US company for an extended period = citizenship DENIAL!

Do you think denial is a river in Africa?

 

[LolaLi]

LOL at the "the Nile" joke. And yes The Nile River is a river in Africa.

The fact that you are selling all of your possessions and relinquishing your ties to the USA is a clear fact of abandonment of the permanent resident status. This is a serious decision and should not be taken lightly. You must decide what is more important for you 1) a job back home in China or 2) US Citizenship.

As mentioned by others, coming in every 6 months will not work. This is an indication of what a visitor would do - not a permanent resident.

 

[jiang.62]

one more information

Company is a US company, but the position is it's Chinese branch paid by Chinese currency.

Does it make any difference?

Thanks for our response.

 

[rick92]

Company is a US company, but the position is it's Chinese branch paid by Chinese currency.

Does it make any difference?

Thanks for our response.

If the corporation is a US corporation, yes, you might leave as long as it is for more than a year AND you have resided in the US for an uninterupted period of 1 year AND your N-470 is approved.

N-470, Application to Preserve
Residence for Naturalization Purposes

http://www.uscis.gov/files/form/N-470instr.pdf
http://www.uscis.gov/files/form/N-470.pdf

 

[rick92]

Form N-470

An applicant qualifying for the residency preservation may extend the benefit to his or her spouse and dependent children who are all members of the same household and have lived with the principal applicant while abroad.

Please, read the instructions of N-470 and make sure they apply to you.
Remember, we are here to help but each form applies for each case differently.

 

[warlord]

Company is a US company, but the position is it's Chinese branch paid by Chinese currency.

Does it make any difference?

Thanks for our response.

You originally stated that:

from Chinese company with local currency pay/

I'm confused, is it a US branch in China or a Chinese company?

 

[saf]

I agree that it is not a good idea. I am confused that you said Chinese company and now you said US company. It seems it is not clear. You have to find out that company is clearly a US company or not.

If I were you, I wouldn't go to China. Otherwise, you will be facing lots of issues. I would suggest that you find another job or talk to your employer that you want to stay and finish your citizenship process in 2010 or Oct 2009
Your N-400 could be denied for sure if you live longer than 6 months in China. Traveling every 6 months won't help.

 

[jiang.62]

Sorry for the confusion.

It's US company's manufacturing facility, but the position is the US company's china branch, paid by Chinese currency. And the company will not provide any letter to prove it's a US paid job.

It worries me, as it's a really good opportunity career wise. Can I apply a reentry permit, and only work there for less than 2 years, and come back? Would that be OK to keep my LPR status by then?

 

[Jackolantern]

It's US company's manufacturing facility, but the position is the US company's china branch, paid by Chinese currency. And the company will not provide any letter to prove it's a US paid job.

With so many multinational companies these days, it can be hard to know which is really a US company and which isn't. That determination has kind of complex criteria. That's why it is important to get the N-470, as that will confirm whether USCIS sees the company as a US corporation.

It worries me, as it's a really good opportunity career wise. Can I apply a reentry permit, and only work there for less than 2 years, and come back? Would that be OK to keep my LPR status by then?

Maybe yes, if it's a fixed 2 year (or less) contract rather than open-ended employment. But maintaining eligibility for citizenship will be more of a problem.

 

[boatbod]

Your N-400 could be denied for sure....

Over the past two years I have learned that where USCIS is involved, there is no such thing as a "sure thing".

That said, I do believe that moving to China and taking up foreign employment without an N-470 will put you in a very bad position.

 

[sh1996]

If it's just your wife applying for citizenship in October 2009 and she will already have the 30 months physical residency then, maybe:

(1) just rent out your house instead of selling it;
(2) keep a few utilities, US bank accounts, etc. in her name and sent to your US home (make sure your tenants are reliable/trustworthy);
(3) make sure she doesn't stay out of the US for more than 6 months at a time and when she does come back to the US try to stay for as long as she can (e.g., months vs. days) and ideally have her stay in the US between interview and oath, if possible.

I don't think you'll be able to maintain your greencards for very long - you can try to greencard surf while your wife's application is pending, but frankly it's no guarantee. Also, she may get questions at the interview about what her family status is based on her travel dates. Hopefully, she can truthfully say that her husband took a job in China with a branch of a US company and that at this point it's temporary...and point to the fact that you own a house in the US, have a bank account etc. Also, you should file Form 1040 US tax return as a US resident. The foregoing may or may not work, but at least it'll give your wife a chance without having to delay/scuttle your job plans. Good luck.

 

[boatbod]

It worries me, as it's a really good opportunity career wise. Can I apply a reentry permit, and only work there for less than 2 years, and come back? Would that be OK to keep my LPR status by then?

I'm sure you can work there for <2yrs while protecting your GC with an I-131, but do so knowing that you'll be resetting the clock on your citizenship waiting period.

Which is more important - career advancement or US citizenship? You can have both, just not at the same time.