USC husband and non USC spouse wanting to live abroad. Issues

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Desi4ever

Registered Users (C)
Now that I'm a USC, I want to live in my home country to spend some quality time with parents and extended family. I understand as a USC I'm free to take up a job abroad through proper channels as long as I like and will have no issues returning to the US. But issue is with my wife's status.

I just applied for my wife's I-485. She should get her green card in 4-5 months.

I understand the meaning of being a "permanent resident".

If I take up a job abroad and moves with me along wiht our child , it very well implies that she has no intentions of residing in the US. Even a re-entry permit will have no bearing I presume.


Lets say I want to live in my home country for 3 years and move back to the US.


1. Will my wife qualify for a returning resident visa ?
2. If we do this again i.e move to home country for more than 2 years , should I start her US immigration all over from the home country's US consulate?
3. If a spouse of USC has no intentions of living in the US permanently , what visa category does she fall into ?
4. If answer to 3 is "none" , is she getting citizenship the only solution ?

Sorry for the speculative post. But I want to fully understand the laws and abide by them.

Thanks!
 
TripleCitizen,

You've raised a philosophical question.

The short answer is "Yes". But I also consider the country I was born in as home country as well. I think its perfectly acceptable to use the phrase "home country" interchangeable while referring US or your country of birth. Moreover the country I was born in is also mentioned in Natz certificate plus the fact that US does allow dual citizenship.

US citizens do happen to live abroad AND return to the US. So I was asking

Look at you , you are a Triple citizen!! :eek: What's your home country, Sir ?
Just kidding.
 
All three. I hope you realise my objective was not to give you a hard time. I just wanted to point out that you could opted for a slightly better choice of words in your initial post. :)

Desi4ever said:
Look at you , you are a Triple citizen!! :eek: What's your home country, Sir ?
Click to expand...
 
i am also in same situation as yours --
i am USC , my kid is USC and my wife is not -- it will take another 2 years for her to get it --
thinking everyday what to do -- i am planning to go back to my "birth" country for another 10 years atleast ................
 
I don't think this case has been covered or anyone with first hand experience has posted here about it. I would talk to the immigration law Guru Rajiv Khanna and find out what he thinks.
 
NovaCitizen said:
i am also in same situation as yours --
i am USC , my kid is USC and my wife is not -- it will take another 2 years for her to get it --
thinking everyday what to do -- i am planning to go back to my "birth" country for another 10 years atleast ................
Click to expand...

If you are USC, you can always sponsor her again, right? Do what you need to do in life. If none of you were USC, it will be a different situation.
 
If she leaves the US for more than 180-days after getting her green card, she is done! No more status...


Desi4ever said:
Now that I'm a USC, I want to live in my home country to spend some quality time with parents and extended family. I understand as a USC I'm free to take up a job abroad through proper channels as long as I like and will have no issues returning to the US. But issue is with my wife's status.

I just applied for my wife's I-485. She should get her green card in 4-5 months.

I understand the meaning of being a "permanent resident".

If I take up a job abroad and moves with me along wiht our child , it very well implies that she has no intentions of residing in the US. Even a re-entry permit will have no bearing I presume.


Lets say I want to live in my home country for 3 years and move back to the US.


1. Will my wife qualify for a returning resident visa ?
2. If we do this again i.e move to home country for more than 2 years , should I start her US immigration all over from the home country's US consulate?
3. If a spouse of USC has no intentions of living in the US permanently , what visa category does she fall into ?
4. If answer to 3 is "none" , is she getting citizenship the only solution ?

Sorry for the speculative post. But I want to fully understand the laws and abide by them.

Thanks!
Click to expand...
 
i am thinking to surrender my wife GC ad get 10 year multiple entry tourist visa -- so she can join me and my kid whenever we come to USA for visits ..........
 
I've heard that surrendering GC is not a good idea either because you have the risk of wife NOT getting approved for a tourist visa. I may be wrong though.
 
NovaCitizen said:
i am thinking to surrender my wife GC ad get 10 year multiple entry tourist visa -- so she can join me and my kid whenever we come to USA for visits ..........
Click to expand...

Yes you can. I know someone who surrendered and got a business visa immediately thereafter, no questions asked.
 
Interestingly enough my wife has a Tourist visa stamp on her passport valid through 2015. Now it may have already become invalid since she has filed her AOS.
 
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