Can she get a green card outside of the US?

Question

I am a US citizen but my wife is not. We have a son who was born in the States and is also an American citizen. We lived in Indiana long enough for my wife to get a green card then I got a job overseas (I do not work for the US Government, I think this is important to know to answer the question) and we moved. My wife's green card expired last November. Now we're back in the States but we're going back to Europe in 2 weeks! So, can she apply to get a new card? If two weeks is not enough, can she apply from abroad and if she can will she definitly get it or it's still a question?

Thanks a lot!!!

Answer 1

Check with the immigration people.

2 weeks won't be long enough.

Answer 2

No, she can't apply from overseas.  A green card is for a permanent resident and she's clearly not a permanent resident.  I would suggest you wait until you are actually going to be living in the United States.

************The immigration officer was correct.  If your job was military/government outside the United States, on official assignment, then her status as a permanent resident will be preserved.  This is not the case with your wife.

It sounds like the immigration officer at the port of entry did not understand that your wife had been absent from the United States long enough for her status to have been lost.  Usually when this happens the immigration officer will take the card and have the person sign a declaration relinquishing permanent resident status.  After signing the declaration your wife would have then been admitted under the VWP since he's from an eligible country.

Answer 3

She would need to apply for a Re Entry Permit if you are going to live outside the U.S. due to work and want to preserve her residence status. How long have you been back in the states? If the card was already expired how did she enter on your last travel? If she came in as a visitor then she already asserted the fact that she is no longer a resident and has no intent in being one. Sounds like you need to decide where you all are going to permanently live and make your decisions from that point.

Answer 4

If the green card expired, it can be renewed. You can even do it online. The form is I-90. Once the application is submitted, you can go to local Immigration Office -make an appointment. They will stamp her passport allowing her to travel. Do not leave the US until this is done. Wife will not be allowed to travel back (unless Immigration Inspector is extremely generous) if valid green card is not with her.

If the green card status is expired because she stayed out too long. Then you have a different problem. You might have to file a petition for green card for her again.

Here are instructions to file for renewal of green card online:

http://www.uscis.gov/portal/site/uscis/m...

If her green card status has expired, contact an attorney.

Answer 5

I believe there is a six month rule of being out of the country, without special permission, to lose the green card.  She has been out of the country longer than that.  She would have to apply all over again.

The cards are for permanent residents and she does not appear to be in that category any longer.