US green card process?

Question

Hi,

I a US Citizen and my wife is currently on a temp. greencard, conditional residency, we've already filled the paperwork for her permanent greencard. We might be moving overseas, would she still be able to get the greencard if she lived overseas?

Answer 1

There are certain restrictions for how much time the greencard holder can spend outside of the US. I think it amounts to half a year per year. However, there is something that used to be called a white passport that allows spouses of US citizens to live with their US spouses overseas. I think it is a little more difficult to get than it used to be, but I have a couple of friends here in China whose Chinese wives have greencards though they have never lived in China before or since their marriages.

Check with www.uscis.gov. Check out the FAQs or do a search.

If you are moving abroad to work at an embassy or on a military base, you don't have to worry. Those international posts are not considered to be "outside" of the US.

What Yak Rider says is basically true, but it is not true in practice. My friends have held their greencards for 5 and 7 years and never lived in the US.

Answer 2

Gee, that's tough.  I filed for my husbands resident visa when we were living overseas and as soon as he entered the US they sent his green card.  We ended up moving back overseas and he has only been able to keep the greencard because he applies for an Extention Visa. (it's expensive too....$320!!!!).  I'd wait until the permanent Green card comes and then move, but be sure the keep up the extension visa because they will consider your green card to be abandoned if you stay outside the US for more then one year

Answer 3

yes. it is a lot harder to file for permanent residency while overseas.

Answer 4

Greencard is issued in order that a person will permanently reside in the US.  If the person leaves the US for a long period of time, the resident status will be cancelled.

Answer 5

Hi, greencard holder cannot leave US over 3 yrs, otherwise USCIS will cancel her greencard.  if she wants to leave US over a (1) year, she need to apply the "re-entry permit" before leaving US.  This "re-entry permit" is only for 2 yrs used.  Hope this information can help you.

Answer 6

Your wife is a permanent resident.  A permanent resident lives in the United States, permanently.  Any absence from the United States for more than a year will cause her to lose her status.

It's possible to apply for a permit to stay outside the United States for up to two years, and not one day longer.  She's have to file an I-131 with the USCIS before leaving the states.

While outside the United States she will still be expected to file tax returns with the IRS.  Failure to do so will cause her to lose her status.

Some will tell you, wrongly, that it's possible to just come back for a few days each year to keep her status.  That's not going to work, believe me, they'll confiscate her green card and deport her if she tries that trick.