How to keep the permanent residency?

[junyeon82 0]

Hi. My wife is currently filing I-751 removing of condition.

However, next summer, I'll be taking a job in Asia so we'd be moving there to live for 3-4 years.

How would she be able to keep the green card? How often does she have to come back to U.S. and for how long?

I'm a U.S. citizen. Do I need to keep coming back, too?

[rika60607 215]

You (the USC) do not need to be coming back.

Your wife could apply for a re-entry permit (form I-131), which is valid for 2 years and could be renewed.

However, re-entry permit in itself is not enough... you have to maintain a home/ life in the US. If you are going to South Korea, it may be presumed that she gave up her residency in the US, because she is a citizen of South Korea and could stay there indefinitely.

It may be easier for her to give up the GC and then you could sponsor her for a new GC via DCF.

Unless you go there on government business or military orders? In that case she will get to keep her residency.

Hi. My wife is currently filing I-751 removing of condition.

However, next summer, I'll be taking a job in Asia so we'd be moving there to live for 3-4 years.

How would she be able to keep the green card? How often does she have to come back to U.S. and for how long?

I'm a U.S. citizen. Do I need to keep coming back, too?

Edited July 5, 2011 by rika60607

[Jojo92122 1,924]

Google "maintaining legal permanent residency" and you will get lots of good information from the US government and other resources.

Your wife should obtain a re-entry permit. With a re-entry permit, her time outside the US will not be considered in determining whether she has abandoned her legal permanent residency. However, other factors can be used to determine if she has abandoned her status.

An LPR is suppose to live, well - permanently in the US. Your wife will have to show she is maintaining her status by maintaining ties to the US; filing US tax returns, bank accounts in the US, etc. Time outside the US will not be a factor in determining abandonment of her status as long as she has a valid re-entry permit.

With the re-entry permit, she does not have to spend time in the US. It's a popular misconception that a legal permanent resident can keep his/her status by visiting the US for a few weeks every year.

As a US citizen, you have a legal right to enter and live in the US at any time. It doesn't matter how long you stay outside the US.

[Brother Hesekiel 2,235]

It's quite easy.

If you and your wife are now filing the I-751, that tells me that she can file her N-400 next year this time.

If you move to Asia "next summer," just have your wife return for the N-400 process or have her stay here until it is complete and she has become a US citizen herself.

Looks like an easy solution to your problem.

[rika60607 215]

That is a better solution

It's quite easy.

If you and your wife are now filing the I-751, that tells me that she can file her N-400 next year this time.

If you move to Asia "next summer," just have your wife return for the N-400 process or have her stay here until it is complete and she has become a US citizen herself.

Looks like an easy solution to your problem.

[junyeon82 0]

Thanks for all the good info! Always helpful!