conditional green card holder to study abroad

[jayjaydlc]

hi. i am a US citizen and my wife got her conditional green card thru marriage (of course with me). i got my citizenship last year and her conditional greencard last year too. we are planning to have her go back to school abroad with our 7 months old baby this year. our plan is for them to come back here in the U.S. during her breaks in school. she will be staying abroad for 4-5 months then come back here for a month routinely. will this affect her conditional green card when we get interviewed next year with the immigration?
does she need to apply for a re-entry permit?

thank you in advance.

zee

[Jackolantern]

How long is she expected to continue studying abroad ... 1 year? 2 years? 3 years or more?

If she's going to be traveling like that for 2 years or more she should get a reentry permit. Even though having a reentry permit isn't absolutely necessary if she's going back to the US every 5 months, a long pattern of traveling like that without a reentry permit could create problems at the port of entry.

You mentioned you're a US citizen ... do you work for a US government agency or US corporation, or a recognized international organization to which the US belongs such as IMF, NATO, UN? If yes, and you will be stationed abroad for at least a year, your wife may be eligible for expedited citizenship under section 319(b).

[jayjaydlc]

thanks for the response. she will be going back and forth in the U.S. for two years. if i understand it right, the re-entry permit is just in case she gets questioned? it's not a must to have?

thank again in advance.


zee

[BigJoe5]

thanks for the response. she will be going back and forth in the U.S. for two years. if i understand it right, the re-entry permit is just in case she gets questioned? it's not a must to have?

thank again in advance.


zee

The reentry permit is an expression of an intent NOT to abandon the greencard status. It preserves a greencard IF one is absent from the U.S. for one year or more. If a greencard holder is abroad for one year or more, the card becomes invalid "as a travel document" only (it does not cause the automatic loss of status) and one would have to apply for a returning resident visa (SB-1).

Such permits may only be issued for a maximum of 2 years BUT in the case of a conditional resident it is based on the expiration of conditional status shown on the card.

In the case of a married person going abroad, if the USC spouse will remain behind, it sometimes raises questions about the validity of the marriage at the time of filing the I-751. That said, since you two have a baby together it does not look like it would be a problem (provided that the baby is yours--I am assuming it is).

Good luck.