Spouse of USC leaving US for few Years with GC

[kjkc]

Hi,
I have a situation like this.
I have GC through my husband (US citizen), we want to go out of the country for few years 4 to 5 years or more. Not sure at this time.

If i apply for re-entry permit, that is valid for 2 years only.
So is there a way, as a spouse of US citizen , can I come back to US? on what visa or procedure,

Regards,
jaya

 

[mmed]

Hi,
I have a situation like this.
I have GC through my husband (US citizen), we want to go out of the country for few years 4 to 5 years or more. Not sure at this time.

If i apply for re-entry permit, that is valid for 2 years only.
So is there a way, as a spouse of US citizen , can I come back to US? on what visa or procedure,

Regards,
jaya

If you stay more than the two years, you will loose your GC. You can surrender your GC and apply for visiting visa or your spouse can apply again after you decide to live in US.

 

[Jackolantern]

If your USC spouse's employment meets certain criteria, you may be eligible for expedited citizenship under section 319(b).

The U.S. citizen spouse must be employed abroad by or in one of the following categories:

1. The U.S. Government;

2. A U.S. research institution recognized by the Attorney General (a list appears at 8 CFR §316.20);

3. A U.S. firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States or a subsidiary in which a majority of the stock is owned by a U.S. firm or corporation;

4. Public international organizations in which the U.S. participates by treaty or statute; or

5. A minister, priest or missionary performing duties abroad;

# The applicant must intend to join or accompany the spouse abroad;

# The applicant must intend to return immediately to the United States upon termination of such employment abroad by the U.S. citizen spouse; and

# The spouse must be regularly stationed abroad in employment.

 

[Jackolantern]

Or if you are already eligible to apply for citizenship using the regular 3-year or 5-year route, you could simply apply now via the regular way and wait in the US (with only short trips overseas) for a few months for the naturalization process to be completed before joining your spouse overseas for the 4-5 years.

 

[thg12]

^^^ Definitely the best advice. Get that citizenship now. Don't sit around and put yourself in a position that will hinder your being together for more than a year or hinder your ability to come here if your husband need to return on short notice. You don't know what laws and changes the future holds, so act based on current laws to your advantage. Don't go running away before you finalize your business here.

At least now the rules allow any child born to even one citizen parent to claim citizenship, before it was not like that so at least your children (if you have them in your home country) will have the benefit.