Re entry permit desirable in our case?

[unsmiley 111]

Not sure where to post this, but...

My spouse, an LPR, is asking me about getting a re-entry permit. I do not know much about such permits. She has been abroad for about 8 months of the year (for two four month periods), and is in the US during the other times. Would this permit be beneficial in our case? What are its advantages? Any downsides?

[mallafri76 1,012]

I would apply for a re-entry permit. Is she a conditional or permanent resident? Staying outside the US for that long could be seen as abandoning resident status. A spouse visa is for reuniting with spouse and living in the US, not living abroad and visiting spouse in the US a couple of months a year.

[Penguin_ie 5,984]

***** Moving from CR-1 spousal visa to Travelling during US Immigration forum *****

How long will this go on, for, her being abroad so much? Re-entry permits have limited duration too. If this is long term, then her handing back her greencard and applying for a tourist visa may be a better option.

[unsmiley 111]

mallafri76, on 10 Jun 2016 - 12:18 AM, said:mallafri76, on 10 Jun 2016 - 12:18 AM, said:

I would apply for a re-entry permit. Is she a conditional or permanent resident? Staying outside the US for that long could be seen as abandoning resident status. A spouse visa is for reuniting with spouse and living in the US, not living abroad and visiting spouse in the US a couple of months a year.

She has a green card, correct me if I am wrong, but I assume that means permanent resident (LPR).

Edited June 12, 2016 by unsmiley

[unsmiley 111]

Penguin_ie, on 10 Jun 2016 - 07:41 AM, said:

***** Moving from CR-1 spousal visa to Travelling during US Immigration forum *****

How long will this go on, for, her being abroad so much? Re-entry permits have limited duration too. If this is long term, then her handing back her greencard and applying for a tourist visa may be a better option.

We are not sure of the duration of this arrangement, but hopefully not too much longer. What are the limitations on a re-entry permit?

[Penguin_ie 5,984]

She has a green card, correct me if I am wrong, but I assume that means permanent resident (LPR).

There are two types of greencard; Conditional 2 year greencards, and 10 year ones. With the 2 year one, she would need to be in the USA to ROC (Remove Conditions) two years after getting it.

We are not sure of the duration of this arrangement, but hopefully not too much longer. What are the limitations on a re-entry permit?

The re-entry permit is valid for 2 years from date of issue.