Unexpired Green card from 1969. Still good?

[RussAndMel 2]

My now wife (as of 3 weeks ago) came to America with her British family in 1969 (at age 10) and in 1980 made a visit back to the U.K. with every intention of returning to America. Life happened as it usually does and she ended up staying in Britain until a divorce last year. We have reconnected from a 1976 relationship that parents saw their way toward blocking back then. She still has her original, no expiration date Green Card from back then. Could it possibly be so simple that we only need apply for a name change with the completed data trail/chain of documents? We would hate to hand the green card over as a submitted original and have it confiscated.

[JFH 12,191]

The green card may not have an expiration date but her status as permanent resident has expired. The card is not what matters - it's her status that does. She abandoned her residency so age will have to apply for an immigrant visa if she wishes to return here to live. 

[RussAndMel 2]

At what point did her permanent resident status expired? What would cause it? How would she have known?

[geowrian 22,338]

Agreed with the above. The green card isn't a person's actual LPR status. A requirement for maintaining LPR status is US residency. Being abroad for over 12 months at a time has a presumption that residency was abandoned. Over 40 years? No chance.

[aleful 1,905]

hi

 

exactly, a GC is for living in the US, if a person hasn't lived in the country for over a year, the LPR status is considered to be abandoned

 

 

[Boiler 46,364]

What has she done to maintain the US as her permanent residence, has she been filing taxes?

[RussAndMel 2]

Thanks everyone. So it's clear that path won't work for us. Given that she is here in the country on a travel visa (ESTA) and we are now married, what should be our way forward?

[Auds 223]

2 hours ago, RussAndMel said:

Thanks everyone. So it's clear that path won't work for us. Given that she is here in the country on a travel visa (ESTA) and we are now married, what should be our way forward?

Search on here for details.  If marriage intention was present at point of entry she will have to go back and file CR1.  Takes about a year.

 

if not you can adjust.

 

PS - what a sweet love story and hats off for having such an old document!!