Reentry permit and time overseas when spouse is a citizen

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WaveRider

New Member
My wife is an American citizen and she will be taking a job overseas. I am a GC holder. I will be going too and will seek employment. We intend to return to the US but we may be gone for a few years. I will apply for a reentry permit now but I was wondering, if I needed to apply for another reentry permit in a couple years time, if the fact that she was a US citizen would have any bearing on the consideration that that application would be given?
If, as a worst case scenario, I lost my PR status, would I be able to re-apply given that I would still be married to an American citizen?
Has anyone here actually worked overseas and reentered on a REP?
Thanks
 
WaveRider said:
My wife is an American citizen and she will be taking a job overseas. I am a GC holder. I will be going too and will seek employment. We intend to return to the US but we may be gone for a few years. I will apply for a reentry permit now but I was wondering, if I needed to apply for another reentry permit in a couple years time, if the fact that she was a US citizen would have any bearing on the consideration that that application would be given?
If, as a worst case scenario, I lost my PR status, would I be able to re-apply given that I would still be married to an American citizen?
Has anyone here actually worked overseas and reentered on a REP?
Thanks
Click to expand...

Is your wife going to work for US government or certain designated organizations? If yes, I have a good news for you-you may apply for US citizenship NOW without having to wait for 3 years.

Please check on BCIS web sites for more details to see if you quality or not. Your wife's job category is important.
 
There are also exceptions for lawful permanent residents married to U.S. citizens stationed or employed abroad. Some lawful permanent residents may not have to comply with the residence or physical presence requirements when the U.S. citizen spouse is employed by one of the following:

the U.S. Government (including the U.S. Armed Forces);


American research institutes recognized by the Attorney General;


recognized U.S. religious organizations;


U.S. research institutions;


an American firm engaged in the development of foreign trade and commerce of the United States; or


certain public international organizations involving the United States.
 
The question comes to me is "How long have you been married?"

If married to US Citizen and your GC was through marriage then wait time for you to become a citizen is 3 years.

The second question is "How long your spouse intend to work abroad?"

The solution depends on the answers you would provide for above two questions.
 
INA: ACT 319 - MARRIED PERSONS AND EMPLOYEES OF CERTAIN NONPROFIT ORGANIZATIONS



Sec. 319. [8 U.S.C. 1430]


(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.



(b) Any person,


(1) whose spouse is


(A) a citizen of the United States,


(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and



(C) regularly stationed abroad in such employment, and


(2) who is in the United States at the time of naturalization, and



(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.
 
Avalon said:
If married to US Citizen and your GC was through marriage then wait time for you to become a citizen is 3 years.
Click to expand...

The route taken to get GC is not a factor in the 3 year waiting period for citizenship. If you are married to a US citizen, you can file for citizenship 5 years after you obtained GC or 3 years after you stayed married to the citizen spouse, whichever is earlier.
 
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