Can my wife make her first entry into the US and then return overseas within the same week?

Question

My wife just got her temporary (but not conditional as we've been married 4 years) I-551 visa stamp affixed to her PRC passport. It states that she must enter the U.S. before January, 2009. But I'm starting a new teaching position overseas in two months and we don't want to settle down in the U.S. for at least one year.

1. Can she apply for a Re-Entry Permit (I-131 form) upon her arrival in the U.S. and then return with me right way, or is there a waiting period?

2. If there is a waiting period, does it include more than the processing time for the permit? If so, how long?

3. If she can submit the proper forms to Immigration, can she accompany me a week later when I return to my overseas job?

Answer 1

You said your wife got her green card already? Is it the 10 years one that you're talking about because the conditional one are valid for only 2 years then you will to file for removal of conditions.

1. As far as the re-entry permit, she will need to be present in the States to file it in. On the I-131 form there's an option to have the re-entry permit send to a local US Embassy where you're at. Once she had applied for it then she can leave then the embassy will contact her once it's approved & she can pick it up.

2. The waiting period is varied, I had a friend who just got her re-entry permit after filing it 8 months ago before they moved to Japan.

3. Yes, as long as she already filed for the Re-entry permit then she can go back with you to your overseas job.

Best of luck. I'm also a GC holder moving to China.

PS: Our situation is almost similar but I've stayed in the States for almost 3 years before we move to China and I got my conditional green card after we got married there. If she already have a green card I doubt the immigration officer will give her a hard time. Good luck & where in China you are guys are staying? We'll be in Guangzhou but I'm still in Indonesia right now.