Reentry permit needed for my LPR wife if only outside US for 11 months?

[davido 0]

My wife is a legal permanent resident with conditions and I am a United States citizen and she needs to go with me out of the USA for 11 months. Question is, does she really need a reentry permit in order to help her get back in? Some seem to suggest a reentry permit is a more secure way to get back in the US, Even if it is less than one year. Although it's still not a guarantee. I would just hate to waste money and time If it is not needed especially since we want to leave in one month. I saw a couple lists online of different documents we can use to prove her intent was to reside in the US. Maybe with just those documents it would be enough to avoid getting a reentry permit. I realize that her green card will not expire automatically just being out of country for 11 months. I Hope you understand my question is what is the probability of her being allowed back in the US after 11 months without a reentry permit. We are currently in the US.

Because of our work with a nonprofit mission, we should be approved for the N 470 which allows her time spent out of the US to count towards her naturalization requirements Of US residency. I wonder if that document would also help to prove her intent is for her Permanent residence to be in the US.

[speedwell 224]

She is considered to have abandoned her green card after 12 months, BUT she may face problems getting back after only 6 months. Get the re-entry permit.

The N470 sounds good, but I can't say it will help or hurt either way.

Edited May 9, 2013 by speedwell

[davido 0]

Thanks Speedwell. I take it from your answer that getting the re-entry permit makes it less likely that my Peruvian wife (LPR w/ conditions) will be denied entrance into the US if we stay outside the US for say 11 months, in other words, it makes it more of a sure bet she'll be let back in (though no guarantee). Correct me if I'm wrong about that.

So, to run with that idea, let's say we immediately apply for the REP (I'm leaning that way), and in 6 weeks or so she does her biometrics, then we request for the REP to be mailed to the US embassy in Peru (I think we can do that...?), then we leave for Peru. Then, since she has to file the I-751 removal of conditions in June 2014...

1. Can we mail the I-751 from Peru (or send it back with someone to mail from within the US while we are in Peru) then just come to the US for the biometrics and interview? The listed US address we could put on the form a trusted family member lives there (and we do too now), so could they open the paperwork to look for the biometrics date and then we could fly in to do the biometrics and the possible interview?

2. Any idea on what the typical time delay is between filing the I-751 and the biometrics / interview?

3. Also, if we got a REP now that is valid for 2 years (let's say it will last till June 2015), can we use it in one year (June 2014) to come back for the I-751 biometrics / interview and then again in June 2015 to apply for citizenship? (we should be able to apply b/c of the N-470 even though we'll be out of the US) This would mean that she could use the REP with her present status of LPR WITH conditions and ALSO her status of LPR (without conditions). Is that possible that the REP works for multiple entries, one status of LPR w/ conditions and then again LPR without conditions?

4. I believe if we came back (the second time) in June 2015, we could stay for 90+ days (June ~ September) then apply for citizenship in September (when she got her LPR). I think the minimum is 90 days living in the state where you want to apply for citizenship.

Thanks so much for your help! Just today I realized maybe I need the REP, and now I want to know all the ramifications of it for I-751, etc.

[davido 0]

I just read on the instructions for the I-131 Reentry permit, this

"A Reentry Permit issued to a conditional resident shall be valid for 2 years from the date of issuance, or to the date the conditional resident must apply for removal of the conditions on his her status, whichever comes first." (Page 2, B, 2). ---->> for us, the date we have to apply for removal of conditions comes first.

Then right after that, same page, C. A. says "A Reentry Permit may not issued to you if: 1. You have already been issued such a document, and it is still valid, unless the prior document has been returned to USCIS, or you can demonstrate that it was lost; ..."

So basically, my idea of using the 2 year Reentry Permit for both coming back to remove the conditions (I-751) in June 2014 and then a year later for a applying for citizenship doesn't seem like it will work. But then my next thought would be to apply for the Reentry Permit now, then again when we came back in one year, but then it sounds like there are issues there too.

Then a friend emailed me today (I found her on here actually!) and told me that when you file a I-751 (removal of conditions) they send you an extension letter in about 2 weeks that allows the LPR (my wife) to travel for up to 1 year outside the US. So, assuming that works, than that's actually easier than applying for a new I-131 Reentry permit!

[NikLR 13,234]

She applies for it 90 days BEFORE the expiry date on her green card, not when it expires.

Edited May 10, 2013 by NikiR

[davido 0]

I filled out the REP I-131 last night, and we have the copy of her green card (I-551?) and we are going to mail it today certified. I don't think I would get approved to get it expedited as it's not a life or death situation, but hopefully it goes quickly. I filled out the G-1145? so that they'll alert us by email / text when it gets accepted.