Trailing spouse with green card

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Trailing spouse with green card

by teacher42

Jul 8, 2016

Thanks to all of you who have been sharing your experience and knowledge for our benefit.

I haven't been offered anything yet, but started worrying about the following issue in the wee hours of the morning.

Here's my question. My spouse is a permanent resident (green card holder) and hence would be traveling on a foreign passport. My question is, does DoDEA assist permanent resident trailing spouses with residency in the host country, or is getting residency for that trailing spouse entirely our responsibility? This would most likely happen in Japan or Korea, but any general info is much appreciated.

This could be a deal breaker so I'm hoping for some positive news!

(apologies for any duplicate posting...)

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Not sure why "Trailing" is in your subject, but, DoDDS teachers, and federally employed civilians in general, and the military even more so, include MANY spouses and children who originate from other countries and hold Green Card status. In fact, this situation is/has-been so commonly seen, especially among the overseas-assigned armed for...See MoreNot sure why "Trailing" is in your subject, but, DoDDS teachers, and federally employed civilians in general, and the military even more so, include MANY spouses and children who originate from other countries and hold Green Card status. In fact, this situation is/has-been so commonly seen, especially among the overseas-assigned armed forces population, that it's normal. I recommend you stop worrying about this, especially during those wee hours when you need that sleep ;)

A paste for you from https://travel.state.gov/content/visas/en/immigrate/returning -residents.html (remove any spaces after pasting, else manually shorten link and drill down from where you start at travel.state.gov)

"Spouse or Child of a Member of the U.S. Armed Forces or Civilian Employee of the U.S. Government Stationed Abroad - If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa, as long as you: Have not abandoned your LPR status; and Your spouse or parent is returning to the United States."

So, whenever military, or federal civilians, w/ Green Card dependents are assigned overseas, the sponsor's official orders, which explicitly list dependents, becomes the documentation needed to leave and freely re-enter the US, and this remains true even when their documents are past their normal expriation date. All countries that DoDDS could assign you to also have a Status of Forces Agreement, SOFA, that contains the rest of the details; some SOFAs are trivially easy to comply with, e.g. your orders and passports are enough for entry w/ no special visa for you or for your Green Card holding dependents being required, but other countries' SOFAs require an advance visa for the sponsor as well as the dependents, irrespective of origin/citizenship/Green Card status, and then, there are some countries which have unique requriements vis-a-vis citizens of a specific country of origin of the Green Card holder.

If an advance visa will be required for you and/or just for your Green Card dependent(s), then DoDEA will inform you >to the best of its knowledge< of this requirement when you are hired, and assuming you have fully informed HR of the Green Card holder's status and details of course. That said, in almost all cases of an advance visa being required, it will be you and your spouse who will be tasked with complying with and submitting a complete and accurate visa application package to that country's embassy/consulate; including your official assignment orders along with that visa application package smooths the visa approval process to a speedy, near pro forma condition.

Keep in mind that the above special status situation applies *only* to federal US gov't employees when on official US gov't assignment orders. It does not apply, at all, to any other foreign employment situations such as International Schools, private company employment, nor even to Green Card holders who are assigned overseas when they elect to perform other foreign travel, e.g. as a tourist.

On 7/08/16, teacher42 wrote: > Thanks to all of you who have been sharing your experience > and knowledge for our benefit. > > I haven't been offered anything yet, but started worrying > about the following issue in the wee hours of the morning. > > Here's my question. My spouse is a permanent resident (green > card holder) and hence would be traveling on a foreign > passport. My question is, does DoDEA assist permanent > resident trailing spouses with residency in the host > country, or is getting residency for that trailing spouse > entirely our responsibility? This would most likely happen > in Japan or Korea, but any general info is much appreciated. > > This could be a deal breaker so I'm hoping for some positive > news! > > (apologies for any duplicate posting...)

Jul 8, 2016

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teacher42 Thanks very much reality sheriff. I will indeed sleep better tonight. After spending years, literally, and thousands of dollars over the last couple of decades on visas, green cards, and residency for various countries, I just wanted to be sure I wouldn't be jumping through those hoops with no support yet again. Thank you!

On 7/08/16, rea...See MoreThanks very much reality sheriff. I will indeed sleep better tonight. After spending years, literally, and thousands of dollars over the last couple of decades on visas, green cards, and residency for various countries, I just wanted to be sure I wouldn't be jumping through those hoops with no support yet again. Thank you!

On 7/08/16, reality sheriff wrote: > Not sure why "Trailing" is in your subject, but, DoDDS > teachers, and federally employed civilians in general, and > the military even more so, include MANY spouses and > children who originate from other countries and hold Green > Card status. In fact, this situation is/has-been so commonly > seen, especially among the overseas-assigned armed > forces population, that it's normal. I recommend you stop > worrying about this, especially during those wee hours > when you need that sleep ;) > > A paste for you from > https://travel.state.gov/content/visas/en/immigrate/returning > -residents.html > (remove any spaces after pasting, else manually shorten > link and drill down from where you start at travel.state.gov) > > "Spouse or Child of a Member of the U.S. Armed Forces or > Civilian Employee of the U.S. Government Stationed > Abroad - If you are the spouse or child of a member of the > U.S. Armed Forces or of a civilian employee of the U.S. > government stationed abroad on official orders, you may > use your Permanent Resident Card, Form I-551, to enter > the United States even if it has expired. Therefore, you > would not need a Returning Resident (SB-1) immigrant > visa, as long as you: > Have not abandoned your LPR status; and > Your spouse or parent is returning to the United States." > > So, whenever military, or federal civilians, w/ Green Card > dependents are assigned overseas, the sponsor's official > orders, which explicitly list dependents, becomes the > documentation needed to leave and freely re-enter the US, > and this remains true even when their documents are past > their normal expriation date. All countries that DoDDS > could assign you to also have a Status of Forces > Agreement, SOFA, that contains the rest of the details; > some SOFAs are trivially easy to comply with, e.g. your > orders and passports are enough for entry w/ no special > visa for you or for your Green Card holding dependents > being required, but other countries' SOFAs require an > advance visa for the sponsor as well as the dependents, > irrespective of origin/citizenship/Green Card status, and > then, there are some countries which have unique > requriements vis-a-vis citizens of a specific country of > origin of the Green Card holder. > > If an advance visa will be required for you and/or just for > your Green Card dependent(s), then DoDEA will inform > you>to the best of its knowledge< of this requirement > when you are hired, and assuming you have fully informed > HR of the Green Card holder's status and details of > course. That said, in almost all cases of an advance visa > being required, it will be you and your spouse who will be > tasked with complying with and submitting a complete and > accurate visa application package to that country's > embassy/consulate; including your official assignment > orders along with that visa application package smooths > the visa approval process to a speedy, near pro forma > condition. > > Keep in mind that the above special status situation > applies *only* to federal US gov't employees when on > official US gov't assignment orders. It does not apply, at all, > to any other foreign employment situations such as > International Schools, private company employment, nor > even to Green Card holders who are assigned overseas > when they elect to perform other foreign travel, e.g. as a > tourist. > > On 7/08/16, teacher42 wrote: >> Thanks to all of you who have been sharing your > experience >> and knowledge for our benefit. >> >> I haven't been offered anything yet, but started worrying >> about the following issue in the wee hours of the > morning. >> >> Here's my question. My spouse is a permanent resident > (green >> card holder) and hence would be traveling on a foreign >> passport. My question is, does DoDEA assist permanent >> resident trailing spouses with residency in the host >> country, or is getting residency for that trailing spouse >> entirely our responsibility? This would most likely happen >> in Japan or Korea, but any general info is much > appreciated. >> >> This could be a deal breaker so I'm hoping for some > positive >> news! >> >> (apologies for any duplicate posting...)

Jul 8, 2016

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