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junyeon82

How to keep the permanent residency?

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Filed: K-1 Visa Country: South Korea
Timeline

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?

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

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 by rika60607

CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: Timeline

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.

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Filed: Other Timeline

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.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

That is a better solution :yes:

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.


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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