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smack6
09-08-2009, 07:39 PM
We are a family of four, both my kids are born here in the US. My spouse and I, both have our green cards and are now eligible to apply for citizenship.
Question - If we just go for applying for citizenship for my spouse and not for me, and if we eventually move out to India (with me being on GC and my spouse with US Citizenship and an OCI), how will our future visits and employment in US workout?. Precisely,
1. If we go back to India after my Spouse's citizenship, do I still stand a chance to lose my GC after 6 months away?
2. Either case (if I lose my GC or not), If we want to travel back to the US for employemnt, my spouse will stand a chance to get employment and such in the US, but what about me?, what special category would I fall in to? am I eligible to work in the US because I am a spouse of a citizen?, if not what do I need to obtain (work visa, some permit etc)?.

Thanks in advance for your help and advice.

weiwu_zhang
09-08-2009, 08:52 PM
We are a family of four, both my kids are born here in the US. My spouse and I, both have our green cards and are now eligible to apply for citizenship.
Question - If we just go for applying for citizenship for my spouse and not for me, and if we eventually move out to India (with me being on GC and my spouse with US Citizenship and an OCI), how will our future visits and employment in US workout?. Precisely,
1. If we go back to India after my Spouse's citizenship, do I still stand a chance to lose my GC after 6 months away?
2. Either case (if I lose my GC or not), If we want to travel back to the US for employemnt, my spouse will stand a chance to get employment and such in the US, but what about me?, what special category would I fall in to? am I eligible to work in the US because I am a spouse of a citizen?, if not what do I need to obtain (work visa, some permit etc)?.

Thanks in advance for your help and advice.

You'll lose your GC. But because your wife is a US citizen, you may apply for GC again as a spouse of American citizen. My suggestion: apply for US citizenship together. It'll only take about 6 months. Then you can work anywhere in the world indefinitely and still keep your US citizenship.

David

smack6
09-09-2009, 09:53 AM
Thanks for your reply, one more question though

Is GC the only option when I come back, or is there a temp work permit or Visa?. If I have to get a GC again, is it again a long drawn out process as my original GC was or is it any quicker?.

Thanks again.

weiwu_zhang
09-09-2009, 11:08 AM
Thanks for your reply, one more question though

Is GC the only option when I come back, or is there a temp work permit or Visa?. If I have to get a GC again, is it again a long drawn out process as my original GC was or is it any quicker?.

Thanks again.

Probably you can apply for temp work permit. I'm not 100% positive. Marriage-based GC process is shorter than employment-based but considerably longer and protracted than the naturalization process.

David.

waitin_toolong
09-09-2009, 12:27 PM
you can get work permit one of these ways,

somebody files H1 or L1 for you and you get it stamped and work for the sponsoring employer

or your US citizen wife files GC for you (a fairly quick process as the spouses of citizens dont have quota limitations). But you will not be able to enter US till the GC is approved unless yu have H1 or L1.

And if you spend longer than 6 months and less than 2 years in India then get a rentry permit first so that you can keep your GC alive.

you probably need to talk to someone knowledgeable and reexamine your options ad the reasons why you want to retain our citizenship