Ok. Here is the semi hypothetical situation:
US Permanent Resident married to a US citizen who works on a contract basis for the US military abroad.
According to the USCIS:
The permanent residency may be considered abandoned if:
Abandoning Permanent Resident Status
You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:
- Move to another country, intending to live there permanently.
Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
- The reason for your trip;
- How long you intended to be absent from the United States;
- Any other circumstances of your absence; and
- Any events that may have prolonged your absence.
- Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
Fail to file income tax returns while living outside of the United States for any period.
- Declare yourself a “nonimmigrant” on your U.S. tax returns.
Now the situation is that the contract is a temporary thing usually a year but contracts may be extended or a new contract in a different country may be signed and this could go on for a long period of time.
So how can the spouse keep his/her permanent resident status in the face of this situation? I can't seem to find any actual procedures on how one can obtain an SB-1? and What documentation needs to be shown to do it?
P.S. Just so we're clear the contracts may not be on a US military base but on an ally base that US military is using on a long term basis.