LPR petitions for wife aboard

[DisFan 0]

Hello everyone,

My question is "Can I apply green card for my wife while I can only spend ~ 2mos in US a year?"

Here is my situation:

I received my green card about 3 years ago thru my family. However, due to my business, I can't stay in the US 100% of the times. I usually travel in and out of the US 2-3 times a year, and I'd stay in the US with my family for 1-2 mos each time. I also have houses, cars, bank accounts, credit cards, and etc in the US, and I filed US tax return as a LPR every year.

I married to my wife, who is a Japanese citizen, 2 years ago (but I have no intention to immigrate to Japan). It's hard to maintain our relationship when I always have to travel around. Because of her, I now want to settle down together in the US. I'd like to apply green card for her, so that she can stay in the US legally and start our new life.

I understand that F2A visa takes at least 3 years. And I heard that 6 mos stay per year is a MUST to build eligibility to citizenship. However, I'm NOT asking about citizenship eligibility. Honestly, one does not need to stay 6 mos a year to keep green card alive.

I just want to know if keeping my green card alive is enough to apply green card for my wife.

I'm planning to consult a lawyer, but I'd like to hear some advices here as well.

Thank you!

[Boiler 45,033]

I am not sure you have been keeping your GC alive.

Is that 2 months in the US a year?

[DisFan 0]

Yes ... about 2-3 mos a year.

Of course, I was asked why I travel so often, but I never got any warning or anything like that. That's what I mean by keeping my green card alive.

My friend's mother is in similar situation. She has to travel in and out of the US a lot because her children are in different parts of the world ...South America, China, Australia and US. She'd like to visit each of them once in a while plus traveling, but she bases in the US. She probably travels even more often than me. And she kept her green card alive for 7 years already.

Well..every situation is unique. Traveling in and out doesn't mean that one doesn't want to stay in the US.

For me, travel visa is not possible for my wife anymore. We can only live TOGETHER after she can stay in the US legally.

[Boiler 45,033]

You are not the first to try this, usually it is a question of how long you can get away with it. And nobody can answer that one.

If US Residency is not a big issue then I see no harm.

[Penguin_ie 5,993]

As long as you have a valid greencard yes, you can petition for your wife. However, what you are doing is very risky and your greencard may be taken away next time (or the time after that, or after that...) you attempt to enter the USA, and also as part of your petition, your status as a greencard holder will be looked at closely. If your greencard is taken away, the petition for your wife dies.

Edited March 8, 2012 by Penguin_ie

[DisFan 0]

Thanks everyone for your reply. I really appreciate your help. You give me some hopes.

I just want to get an idea what other fellow thinks of my plan before talking to a professional, and to know that my plan presents some chances even if it is very slight.

I understand there is a risk involved. And I'll consult an attorney to assess the risk and discuss any possibility. Yes, there is no guarantee that I can keep my GC alive that way. However, no risk no gain. In my situation, I can't afford not to see my wife, wait in the US to become USC, then apply for her. And as the wife of a LPR, she can't visit on travel visa at all, and I doubt even a student visa.