Reapply for greencard in the future

[Paf 0]

My wife came to the U.S. on a K-1 visa. She has been here almost 2 years and soon we will have to do a ROC. We were thinking of moving back to the Philippines for 2 years or so (we want to spend time in each place). If we let her greencard expire and move to the Phillipines, do we have to start all over again even if we have bee married years and had a greencard already? At a future date, will it be hard to get her back here again (time,money,interview,ect...).

Edited January 2, 2013 by Paf

[together4evr 360]

Why did you wait 2 years to file AOS?

Do you mean ROC?

[Paf 0]

Why did you wait 2 years to file AOS?

Do you mean ROC?

Yes I ment to say ROC. Her greencard will expire in september but we got married in March.

[apple21 953]

If your wife has her 10-year GC, she can stay outside the US for 2 years provided she gets a Re-entry Permit BEFORE she leaves the US so she won't lose her LPR status.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Edited January 2, 2013 by apple21

[Cathi 5,771]

If your wife lives outside of the US for more than 6 months, her green card will be considered abandoned and she will have to start the entire process over. Whether it be with a 2 year or 10 year green card.

[Cathi 5,771]

If your wife lives outside of the US for more than 6 months, her green card will be considered abandoned and she will have to start the entire process over. Whether it be with a 2 year or 10 year green card.

Woops I meant to say for 2 year conditional he greencard will be considered abandoned after 6 months. She must have a 10 year greencard before she is allowed to live outside the US for up to 2 years.

[Paf 0]

Ok so if we dont get our 10year it will be the same as getting a k-3 the next time(cost,time,money...ect)?

Edited January 2, 2013 by Paf

[apple21 953]

Ok so if we dont get out 10year it will be the same as getting a k-3 the next time(cost,time,money...ect)?

Confusing.

What do you mean "don't get out 10year"??

[together4evr 360]

You can fill out a form and apply for an extended out of USA leave. It costs money I think. It allows the foreigner to stay out of the country for about a year. Look on USCIS.gov website

She can stay out of the country for 6 motnhs without any form

If she stays out of the country she must prove she maintained residence in the USA with a home or bank accounts or bills.

Just stay in usa a couple more years and have her become a citizen and then travel and live where you want. Waiting 2 years to get the citizenship will offer alot more freedom later

good luck

[TBoneTX 45,522]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is beyond the K-1 process. ***

[bigdog 376]

Good luck with your decision.

[jaycali 415]

Yes. If she dots not get her 10 year green card, you guys will have to stay over with an I-130 petition for an IR-1 visa (2 years + of marriage). The IR-1 will take roughly the same time as the K-1 did, but she will get get a 10 year gc immediately upon arrival in the US when entering on an IR-1. No AOS, no ROC needed.

[VanessaTony 3,567]

My wife came to the U.S. on a K-1 visa. She has been here almost 2 years and soon we will have to do a ROC. We were thinking of moving back to the Philippines for 2 years or so (we want to spend time in each place). If we let her greencard expire and move to the Phillipines, do we have to start all over again even if we have bee married years and had a greencard already? At a future date, will it be hard to get her back here again (time,money,interview,ect etc...).

Yes. If you give up the greencard (or let it expire) you will need to start with a IR-1 visa, the costs and all of that all over again. It is not the best idea to let it expire without some note in your file. I would send a letter to be added to your file stating you have decided to move to the Philippines together and will not be filing I-751.

If your wife has her 10-year GC, she can stay outside the US for 2 years provided she gets a Re-entry Permit BEFORE she leaves the US so she won't lose her LPR status.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Actually she doesn't need the 10 year card to file for the re-entry permit but they will of course still need to file ROC so their card doesn't expire.

[VanessaTony 3,567]

Woops I meant to say for 2 year conditional he greencard will be considered abandoned after 6 months. She must have a 10 year greencard before she is allowed to live outside the US for up to 2 years.

No she doesn't need the 10 year card. The form states "permanent resident or conditional resident".

Also the GC isn't considered abandoned until 12 months have passed. 6+ months can be used against you, but 12 is "automatic".

.

[Brother Hesekiel 2,236]

You guys will live one more year in the US after which time she can become a US citizen. Thereafter your wife can come and go as she pleases, just like you.