Can wife give up green card and reapply for green card?

H

HumHongeKamyaab

Registered Users (C)
Both me and my wife become eligible for USC in March 2012. We are living abroad and have REP and N-472. If I go ahead and get my USC but wife is unable to travel to the US for USC process, she will lose her N-472 protection (from my employment) and also her REP expires in August 2012 and she will be considered to have abandoned her GC. In this scenario, can she reapply for GC based on marriage to USC?

Thanks for your responses.
 
It's N-470, not N-472.

As long as she doesn't do anything bad that would make her inadmissible, she can obtain a green card again if you file for her.

However, she probably won't have to lose or surrender it in the first place. Given that you were able to obtain the N-470, your employer almost surely also meets the criteria for her to qualify for expedited citizenship under Section 319(b), which is for spouses of USC who are sent abroad by their (the USC's) employer for at least a year.

With 319(b) she would still have to go to the US to go through the citizenship formalities, but instead of naturalizing at the same time as you, she could get another reentry permit and delay naturalization for another time, and 319(b) would spare her from having to satisfy the usual continuous residence criteria so she wouldn't need the N-470 to preserve continuous residence (although she'd still need the reentry permit to preserve her green card). However, the 319(b) naturalization must be done while you're still working abroad for the same employer.
 
Jackolantern said:
It's N-470, not N-472.

As long as she doesn't do anything bad that would make her inadmissible, she can obtain a green card again if you file for her.

However, she probably won't have to lose or surrender it in the first place. Given that you were able to obtain the N-470, your employer almost surely also meets the criteria for her to qualify for expedited citizenship under Section 319(b), which is for spouses of USC who are sent abroad by their (the USC's) employer for at least a year.

With 319(b) she would still have to go to the US to go through the citizenship formalities, but instead of naturalizing at the same time as you, she could get another reentry permit and delay naturalization for another time, and 319(b) would spare her from having to satisfy the usual continuous residence criteria so she wouldn't need the N-470 to preserve continuous residence (although she'd still need the reentry permit to preserve her green card). However, the 319(b) naturalization must be done while you're still working abroad for the same employer.
Click to expand...

The N-470 is the application.

The N-472 is the Decision Notice (in this case the Approval Notice).
 
Thanks for the responses. Unfortunately, less than 1 year will be remaining on international assignment at the time i naturalize. Also, she may not be able to travel to renew reentry permit. But it is good to know about the 319(b) provision and my employer may extend the assignment.
 
HumHongeKamyaab said:
Also, she may not be able to travel to renew reentry permit.
Click to expand...

Whether she applies to renew the reentry permit or not, if she wants to keep her green card she'll need to return to the US before the existing permit expires. Or before it's been a year since her last exit from the US, if the last exit from the US was less than a year before the RP's expiration.

It's not necessary to return to the mainland US; Guam or Hawaii will do, which are much closer (and presumably much cheaper) if you're in Asia or Australia.
 
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