Continuous stay requirements

[vaibh4]

Hello members,

 

I am currently working in a fortune 500 and have green card. My wife is also on green card and is a stay home mom. Recently I was asked if I am interested in working for similar position (senior engineer) in the UK. I am not sure how this is going to work for our citizenship stay requirements. We both got GCs 1.5 year back and so there are still 3.5 more years of continuous stay required to qualify for citizenship application. I heard from a friend this weekend that it is possible to work in foreign country and still qualify for citizenship stay requirement. I have never heard this before so wondering if this is true. If so is there any limit on # of years I could be gone ? What happens to my wife's citizenship requirements since she most likely will be stay home mom. Your suggestions are highly appreciated. 

[pontevecchio]

Please schedule an appointment with the firm of Murthy or any of your choice. In certain circumstances it may be possible. Stay at home has no connection to the stay requirement.

[JoeF]

First, any stay abroad has to be temporary. So, you could take up an assignment abroad for a certain amount of time, with a clear ending date.

Getting an unlimited job abroad could result in abandonment of your GC.

Second, what your friend probably referred to the the N-470. This allows a person on assignment abroad to, under certain circumstances, to maintain the residency requirements even if abroad. For that to work, you would have to have a one year uninterrupted stay in the US after getting the GC, among other things.

And third, if you stay abroad for over a year, you would have to get a reentry permit.

[t75]

If you want to work in the UK, you obviously do not feel that US citizenship is that important. If it is a lateral move, it is unlikely to be in your best interest.

 

If it is a US firm, there are ways to retain your GC. Without proper filing, taking employment outside the US can be viewed as abandoning your GC even if you return to the US every 6 months. 

 

Since the firm is offering you the transfer, they should be willing to allow you to discuss your situation with their attorneys.

 

Be sure you are aware of tax consequences.  You could wind up owing taxes to three countries depending on your home country's requirements. You will owe takes in the US and the US. While the tax treaty allows a certain level of income exclusion, after that point,US taxes are an issue (and can be significant).