Preserving Green Card/Continous residency requirement - Please help!

[maha]

I'm a Permanent Resident and I'm pursuing some opportunities to work abroad. I'm trying to figure out if there is a way to preserve the green card and meet the continous residency requirement

Here are some details:

- My spouse and I got our greencards in Nov 2001.
- We become eligible to apply for citizenship only in Nov 2006.
- The company that I work for is an international company that has offices abroad.
- My spouse is likely to stay back and get the citizenship
- My spouse will maintain our residence here.

To preserve my greencard and the continous residency requirement:

If my company sends me on an assignment for 1 or 2 years:
- Do I still need a re-entry permit to preserve my green card?
- If I'm on an assignment, is there a way to meet the continous residency requirement as well?
- If yes to the above question, what forms do we need to file to meet the continous residency requirement?

If my company does not send me on an assignment
- Is there a way to meet the continous residency requirement, like paying taxes, mainitaning residence?
- Would I be able to pay taxes here while I'm working abroad?

If my company does not send me on an assignment and let's say that I file a re-entry permit to preserve the green card and come back after 2 years.
- How long do I need to stay during my visit and can I apply for an extension?
- If my spouse gets the citizenship and I maintain my green card, do I need to wait for just 3 years before I can apply for citizenship? (Note: We got our greencard through employment)

Thanks in advance!

[docbats2001]

Hi,
I am in a somewhat similar situation.
I have got my GC since april 2003.
I have filed Income tax returns for 2 yrs. Now I am offered a job in another country based on my own search.
Can someone advice what will be the requirements to maintain the Green card.
Can the vacation period visit be sufficient to retain my GC?
Thanks
docbats2001

[okell]

I, m no expert regarding the retention of a green card, see my own question.
Here’s my opinions based on what information from official websites
and notice boards.

First of all, if you are going to be leaving a spouse in the US, to take up an
assignment, which more than likely requires you both to meet on occasions,
in the 2 years. If you enter the US, every so often in frequencies of less than 6 months , there should be no problem. It’s best that YOU retain the maintenance of your spouse, so that you have proof of your own maintenance, for when you return full-time i.e bills etc and when you enter the US, in particular if any of your returns go over 6mths, because you will be asked, at port of entry. You are supposed to pay taxes on earnings you will have from another country, which can be filed from a distance, over the net. With this you have to be careful, in that one could form an opinion you had abandoned your residency.

If you think that you are going to be out for 2 yrs, but not any longer, why not apply for a re-entry permit. However, this could delay your claim for citizenship latter. If you are going to be out for longer than 2 yrs, you lose you G C. If that happens, you can apply for returning resident visa. I think its called an Sb – 1. Check the net for the details.

Word of caution: You may find yourself in a position like my sister’s, when it comes to the renewal of the GC. Assuming you will not have any criminal record, if the INS do more than criminal checks, they may form the opinion that you have broken the residency requirements, and deny you a new card, or citizenship. However, in that case you will have receipts etc, but what if somehow they dig deeper, they may form a negative opinion. Whether that opinion is correct or not, you are in a bad situation. When one makes an application for renewal one is given a stamp on passport, which in effect is your GC. However, it would be very hard to plan life in the US, having to wait a year to know if you are to receive a new card, or citizenship. I would assume that checks for citizenship are very stringent.

If all goes wrong for you, at least your wife will be a citizen, who in future
can sponsor you for a new GC.

I think it should work out ok for you as long as you pay attention to the details, I've mentioned i.e. if the answer to the question below is 'No'.

So , is there anybody who can tell us if checks other than criminal are used for the renewal process of green cards?

[amitag]

Re-entry permit questions

I have a GC since 2 years and am planning to move to India for couple of years. Had some questions about filing the re-entry permit (form I-131) application:

Please can someone clarify where the I-131 aplication is to be filed for re-entry permit. Instructions are confusing saying Nebraska Service center in the form (first link) but "Chicago Lockbox- PO Box 805887) per the press release for phase two states effective April 1, 2005 (see third link below)

/show-form/i-131




Also, should the photographs be full frontal view per the link below
http://www.immihelp.com/greencard/ph...uirements.html




Can you send the application for yourself and your spouse together or need to send them separately? Is there a number for the INS that we can call to get answers??

Thanks! Sorry for the string of questions..