Teach Overseas plans ASAP, but waiting on spouse's Green Card completion- only 1/2way there!

[Arundi1]

The deal is: I am US born citizen. Husband is Belizean GC holder. We are living in Oregon. We want to take jobs overseas teaching English asap, and secure his US citizenship if possible first (I have mine from birth in USA). He needs the US citizenship to get a job overseas because most employers just don't recognize Belize as n (impeccable) English speaking country; it's not one of the big 5. SO: My Belizean husband's current green card was issued pretty recently: in April 2010, BUT it is his second GC. His first was issued around 1995, used when he was previously married to a US citizen and became a LPR. He stayed in the US until 1998, never establishing US citizenship.We returned to Belize together and lived for years there and hence, he was seen to have "abandoned" his green card and LPR status by overstaying out of the US from 1998-2009. So upon entry in to the US again on a travel Visa in 2008, he had his card taken away. We since been given advice that we could have tried to hold on to the green card and advocated for him to argue his rationale for overstaying out, so we wouldn't have to start the clock over on counting the 3 yrs. toward citizenship.

So in essence, is there any remote chance of having some of that previous time count toward the 3 yr. requirement for LPR spouses to apply for US citizenship? I know some of you have traveled down this road and had to wait the full 3 yrs.
If that is not possible, and if the pre-citizenship application residency requires 1/2 of the 3 yrs. in the US, will we have satisfied the requirement if he has 1 1/2 years solid here (entered in Dec. 2009), or must it be 1/2 of3 years total in actual residence (ex: 2009-2012)?

One point of interest in all this is, during this 2nd time holding a green card, he was re-issued the same social security number as he had originally in 1995. I just have to wonder if we can use all of his cumulative, albeit fractured, residency time to our advantage in any way toward the citizenship requirements without the full 3 yr wait.

Thanks for reading; thoughts welcome.

 

[Jackolantern]

Even if he somehow kept his original green card valid after spending all those years outside the US, the time he spent in the US before leaving in 1998 wouldn't help him, since the continuous residence and physical presence requirements don't care about time spent in the US more than 5 years before applying for citizenship (3 years in his case because he'd be applying based on marriage to a USC).

If they don't think growing up in Belize is a good indicator of excellent English skills, why do you think those employers would recognize recently-issued US citizenship for that purpose? The English skills for US citizenship are very basic.

 

[BigJoe5]

The deal is: I am US born citizen. Husband is Belizean GC holder. We are living in Oregon. We want to take jobs overseas teaching English asap, and secure his US citizenship if possible first (I have mine from birth in USA). He needs the US citizenship to get a job overseas because most employers just don't recognize Belize as n (impeccable) English speaking country; it's not one of the big 5. SO: My Belizean husband's current green card was issued pretty recently: in April 2010, BUT it is his second GC. His first was issued around 1995, used when he was previously married to a US citizen and became a LPR. He stayed in the US until 1998, never establishing US citizenship.We returned to Belize together and lived for years there and hence, he was seen to have "abandoned" his green card and LPR status by overstaying out of the US from 1998-2009. So upon entry in to the US again on a travel Visa in 2008, he had his card taken away. We since been given advice that we could have tried to hold on to the green card and advocated for him to argue his rationale for overstaying out, so we wouldn't have to start the clock over on counting the 3 yrs. toward citizenship.

So in essence, is there any remote chance of having some of that previous time count toward the 3 yr. requirement for LPR spouses to apply for US citizenship? I know some of you have traveled down this road and had to wait the full 3 yrs.
If that is not possible, and if the pre-citizenship application residency requires 1/2 of the 3 yrs. in the US, will we have satisfied the requirement if he has 1 1/2 years solid here (entered in Dec. 2009), or must it be 1/2 of3 years total in actual residence (ex: 2009-2012)?

One point of interest in all this is, during this 2nd time holding a green card, he was re-issued the same social security number as he had originally in 1995. I just have to wonder if we can use all of his cumulative, albeit fractured, residency time to our advantage in any way toward the citizenship requirements without the full 3 yr wait.

Thanks for reading; thoughts welcome.

You are looking at it from the wrong perspective. Under INA 319(b) based on the USC spouse's foreign employment (independent and regardless of the LPR spouse's possible employment), the LPR spouse is immediately eligible for naturalization. Look up and read that section of the law.

 

[Jackolantern]

You are looking at it from the wrong perspective. Under INA 319(b) based on the USC spouse's foreign employment (independent and regardless of the LPR spouse's possible employment), the LPR spouse is immediately eligible for naturalization. Look up and read that section of the law.

However, for 319(b) naturalization the overseas job would have to be offered by a qualifying US employer or international organization. Arundi1 hasn't clarified whether the employer is of that nature.

 

[BigJoe5]

However, for 319(b) naturalization the overseas job would have to be offered by a qualifying US employer or international organization. Arundi1 hasn't clarified whether the employer is of that nature.

Good point (which I did not point out) and exactly why they were advised to read that section of law, i.e. to see if they qualify.

 

[Arundi1]

re: Spouse's US citizenship

Even if he somehow kept his original green card valid after spending all those years outside the US, the time he spent in the US before leaving in 1998 wouldn't help him, since the continuous residence and physical presence requirements don't care about time spent in the US more than 5 years before applying for citizenship (3 years in his case because he'd be applying based on marriage to a USC).

If they don't think growing up in Belize is a good indicator of excellent English skills, why do you think those employers would recognize recently-issued US citizenship for that purpose? The English skills for US citizenship are very basic.

VERY TRUE, J. Re: the old GC- I thought it was a longshot to somehow weld the past years into all this. As far as the citizenship, good point as to how the foreign employers would view recently acquired US c-ship, but there are recruiters who will just be content with the team-teaching couple, both carrying US passports, regardless of length held. Thank you for your thoughts!

 

[Arundi1]

BigJoe5...

True, BigJoe5. I have heard of the angle of 319(b). It seems that it's a catch22, as those US based employers/teaching recruiters want the citizenship to be established prior to employment. I know there is a way to do this. It may mean waiting it out the full 3 yrs. OR we can go abroad, he comes back on a re-entry permit for 6 mos. out of the year, yada yada...The last thing I want is to have us take off overseas and have him lose the GC status again for overstaying out; start over from scratch. Thanks for your thoughts. It's all really so dumb, as we have 16 yrs. together in commonlaw, 6 years married and still have to wait.
Thanks for getting into this thread and adding your input.

 

[Arundi1]

319b

However, for 319(b) naturalization the overseas job would have to be offered by a qualifying US employer or international organization. Arundi1 hasn't clarified whether the employer is of that nature.

True, I hadn't. Worse that I've been offline for the past week.
So far, no offers of employment. Plenty of chances to take off on the first overseas teaching contract we see, but as I explained to BigJoe5, I'd hate to have to have him lose GC status again, and start over.
We will find a way. I guess he'll need some kind of re-entry permit if we go and he's to come back every 6 mos. to keep the GC active.
Anyway, thanks for being involved and offering another way of thinking!

 

[Jackolantern]

Does he have a degree from a US university? That would help to convince them of his English proficiency. It's possible to graduate from a US university without being very good at English, but the English skill for getting a US degree is much greater than what is required to pass the US citizenship test.

 

[Arundi1]

Does he have a degree from a US university? That would help to convince them of his English proficiency. It's possible to graduate from a US university without being very good at English, but the English skill for getting a US degree is much greater than what is required to pass the US citizenship test.

Good thinking. No, he doesn't. I'll have to wing it & go, carry the family for awhile, and see if he can find work once we're there. Or, wait it out a few more years here until the citizenship goes through and then let the phone interview/YouTube resume (most folks do this to show their speaking ability) do the talking. Then I get to surf throughthe dependent visa thing. An adventure to be had! I've been through a few, this will just be another challenge/opportunity. Thanks Jack'O. I hope you carved a great pumpkin this year. Over and out.