Question about Eligibility for me

[k110380]

Hi everyone

I have got my GC in Nov1, 2011 and I would like to be eligible for Citizenship 5 years from now i.e. by Nov 1 2016.

Here is my situation: I would like to get married in India and stay over there for 2 years with my wife.

So I plan to take up a job in India for 2 years and use re-entry permit to travel to India.

1) Since I do not want to break continuous residency, I have to make trips to USA within every 6 months (trips will be only a few days to 1 week duration) - I wanted to use N-470 to avoid these frequent trips but I heard that there is no guarantee that N-470 will relieve me of staying outside USA for more than 6 months. Also, I do not know if USCIS will even approve N470 even though I meet all requirements for it.

So my question is that coming back to US for 1 week duration every 6 months enough to justify that I did not break continuous residence?

I got to know that sometimes I can even stay outside USA for 8 months and still it does not break continuous residence. Is it a reasonable assumption?

Assuming my N-470 is approved, will it guarantee that I dont need to make any trips to USA within these 2 years.

2) Another question is : can I sponsor family based GC for my spouse in case I get married during my 2 yr stay in India.

Thanks

[pontevecchio]

You need to make sure your job is such that you qualify for filing the N-470 since you say you are going to be looking for a job in India. You are probably referring to a Re-entry Permit. Making a trip every 6 months by itself will not protect you. You would need to file taxes on worldwide income and may have to provide proof of say a residence here. You can sponsor a GC for your spouse in India. I would suggest that you discuss the issues with the firm of Murthy or any of your choice to make sure you take the right approach.

[k110380]

Thanks pontevecchio!

Is there any restriction on the type of job I can take in india? I thought as long as I am working in an american firm and they can give me a letter detailing my job description - it should be fine. what else is needed?

I plan to definitely pay US taxes even though I am in India. But how can i maintain residence in USA? Is it really necessary?

If yes, then I may need to ask my cousin to add me in his lease.

Also, can I file family based GC for my spouse while we are in India or do I need to make a visit to USA to file it?

Thanks

[pontevecchio]

I would suggest you read up about N-470. You can file for a GC for your spouse in any country. Get a Lawyer involved.

[t75]

If you are working for a US firm, their attorney should handle the issues involved with a posting outside the US.

[govareddy]

Dear K110380,

 

Do you have any update on what you did? is your N470 approved?

 

Thanks

 

[JoeF]

This is a 3-year old thread. It is unlikely that the OP is still around.