Living Abroad and Applying Citizenship

04-01-2004, 05:04 PM

I am a US citizen and my husband has held a green card for 11 years (6
years prior to marriage) and during the last four years we have lived
abroad for 9 months. We have found ourselves suddenly living abroad
due to a family situation and are not sure how long it will continue.
I am working for an international company and my husband is working
for a US companyvia a telecommute being paid in the states and paying
taxes.

We are wondering if he can apply for citizenship while living abroad?
And if not what other options maybe exsist to hold on to hid status?
Is there a another status that he could apply for to keep his job?

We own a home in the states and have two children that were born in
the states and will continue to file income tax in the states. We do
not want to worry about his status into the future. Any information
would be helpful.

Thank you.

04-01-2004, 07:32 PM

saradub said on 4/1/2004 10:04:

    > I am a US citizen and my husband has held a green card for 11 years (6
    > years prior to marriage) and during the last four years we have lived
    > abroad for 9 months. We have found ourselves suddenly living abroad
    > due to a family situation and are not sure how long it will continue.
    > I am working for an international company and my husband is working
    > for a US companyvia a telecommute being paid in the states and paying
    > taxes.
    >
    > We are wondering if he can apply for citizenship while living abroad?

No. He has to live in the district where he applies for at least 3
months.
There are also a bunch of other requirements, from physical presence
in the US for a certain amount of time to the requirement of continuous
residence in the US.
The last one he seems to not fulfill, either. Absences abroad over 6 months
usually break the continuous residence requirements.

There is a "Guide to Naturalization" on the USCIS website. I suggest
he studies that.

And finally, there is also a possibility that CIS could consider his GC
abandoned. It is not and has never been enough to live abroad and just
visit once in a while.
While filing taxes in the US and maintaining ties to the US is important,
trips abroad have to be temporary in nature. That does not seem to be the
case here.
See, e.g., http://www.americanlaw.com/maintlpr.html
and http://www.visalaw.com/01jan4/12jan401.html (#4)

-Joe