hello!

i am a non-eu citizen and I have a legitimation card (valid until Oct2010). My husband (a permit C holder EU citizen) and i just got married a month ago here in switzerland....i am currently applying for a US greencard as we are planning to go to the states (probably january 2010) to live there for a while (a year or so), but we intend to go back to switzerland and actually have kids and settle here.

1. should we apply for "regroupement familial" soon (for me to have a permit B) so I wouldn't have any problems returning to switzerland after a year...or would it be possible for my husband go back to switzerland before i do and apply for my permit B while i stay in the states for a while.
...or can i just apply for a special type of visa to get back to Switzerland, and just do the regroupement familial when i return to Switzerland.

2. How long can a permit C holder-EU citizen stay outside of Switzerland?...is there any chance he could loose his permit C if he resides out of the country for a couple of years?

3. I am also worried that if we apply for my permit B too soon i might loose it by staying outside of switzerland too long.

sorry if i have way too many questions...i badly need some advice!=)
thanks!

Hi, I am not versed on this matters... but it just occurred to me that it might be a lot simpler that you apply to have a passport of your husband's country, so that when/if you decide to come back to Switzerland you would both have the same type of permit.

Also, another thing to consider is: how confident are you that you will get the US green card this year? I had applied for a tourist visa shortly after I got married (to a EU citizen, like in your case) and they were not happy that I applied from a country different from my own, for which I did not hold an indefinite permit to stay either. So they refused (and it was just going to be a month's holiday). It might just be that they were stricter with me because "my president" did not get along with Bush... it might not be your case

Good luck in any case.

The rules changed in the revision last year of the foreigners law.

An EU national with a C permit can "park" their permit for up to 3 years provided, latest the day they leave, announce they intend to return in this timeframe to CH. The fee is 65-100CHF per permit. You then get a letter within 8 days confirming your status, keep this until you return.

A non-EU national is at least six months but you can look on the back and read the German and French text.

Have you passed the local language test? This is a new requirement for non-EU permit holders to migrate to a C.

In any case if you return to CH married to your EU citizen spouse, you will be entitled to a permit on that basis.

i have an immigration lawyer working on my case in the states, and he gave me a deadline to have our marriage certificate and my hubby's birth certificate forwarded to them so my husband can also have a green card and we could move together to the states...
i don't really mind giving up that green card but my sponsor and my lawyer have been trying to convince me to keep it since they've been working on that green card for about 7 years and everything has been paid for already...

having an EU passport would probably make things easier but my husband has no intention to go back to his country yet (we have to live there for about 3 years in order me to be naturalized)...

oh well...thanks for your help...=)

so does anybody know the maximum years he can stay out of switzerland?=)

I have an EU C permit and on the back, in German and in French, it states that it will lapse in the case of an absence out of Switzerland of more than 6 months. If an extension application is made within this absence of 6 months, the C permit may remain valid for an absence of up to 4 years out of Switzerland.

thank you!!!

[QUOTE=magyir;504865]The rules changed in the revision last year of the foreigners law.

Have you passed the local language test? This is a new requirement for non-EU permit holders to migrate to a C.

----

so i heard about the new requirement...is it a rumour ?

I'd strongly suggest consulting an American immigration lawyer as soon as possible to confirm what I am about to tell you (which I have found via friends who work in immigration as well as reading on US immigration websites).

There is no way that you'd get a green card issued in a year. It is usually a multi-year process - something that my EU husband and I (US citizen) have decided to forgo at present, as we are moving to Zurich. We will eventually apply for his green card while still abroad, as I am a US citizen and they make exceptions to the 'residency' rule.

If you have jobs lined up, you should be able to get L1 visas or similar, which are renewable up to 5 years. These are employer-based visas. Your employer will put together all of the paperwork and you will have to visit the US Embassy for a formal interview. You will not be able to move to the US on a tourist or student visa and look for a job that way unless you work (illegally) for cash. It is quite difficult to find residences and open bank accounts without social security numbers (issued for visa-holders).

Under current US law, the green card is now paving the way towards citizenship instead of just allowing permanent alien residence. Once a green card is issued, leaving the US (i.e. by moving back to Switzerland) would make it increasingly unlikely you'd be able to return the States, and if you wanted to move back, it would be another 10-15 years until you'd be able to re-apply for another green card.

Current immigration to the US is based on a 'lottery' unless you have employer-based visas.

I wish you the best of luck.

i have a lawyer and this green card has been in the process for over seven years already, now that it's available for us i'm having a difficult time deciding to continue it since my husband wants to keep his permit here in switzerland.

But if your husband is a EU citizen, he can reapply to his permit whenever he wants to come back. Or am I wrong? And you as his spouse should not have any problems either.