Just received I-551, next?

V

Velero2000

New Member
Hi All,

I am a US citizen, my wife is Costa Rican and we live in Australia (for 5 years and married for 5 years) because of my work. My wife just received her I-551, which expires in February 2014. We will be in the United States in November (2013) for 10 days, then go to Costa Rica for Christmas, return to the US for a few days and then return to Australia mid January (2014). We will not return to the US until the following November (2014) when our Australian Visa expires. My question is .... is my wife or us (as a couple) required to reside in the US for certain period of time now that she has the "Green Card". Can she still reside outside the US? We will eventually return to the US, or probably could end up spending more time working in Australia.
All help from prior experiences is welcomed and I thank you for your help!
Cheers!!!:D
 
My question is .... is my wife or us (as a couple) required to reside in the US for certain period of time now that she has the "Green Card".
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From what you've described, it appears that she hasn't entered the US since being approved at the consulate (November will be her first such entry), so she's not a permanent resident yet.

But anyway, I get the intention of your question. Once she is admitted as a permanent resident, she is required to be primarily resident in the US, otherwise the green card can be canceled if too much time is spent outside the US. Normally 12 consecutive months outside the US will result in automatic cancellation. Absences shorter than that are evaluated at their discretion based on the whole pattern of travel, ties to the US, and the reasons for being abroad (so for example an isolated 5 month trips isn't a problem, but if that trip is the fourth of a series of long trips in the past couple years the green card would be at risk).

They (US immigration authorities) won't mind if she spends most of the first year outside the US, as they understand that people have various personal and work-related business to finish up before settling down in the US. But after that they get more strict.

If she acts fast enough and your employment in Australia is for a US company which qualifies, she may be able to get expedited US citizenship under Section 319(b) (see http://www.ilw.com/articles/2006,0525-mehta.shtm). Because of the requirement that the USC spouse is to be overseas for at least a year, she should enter the US soon enough that she can apply for citizenship when you still have at least a year left in Australia.

Note that applying for citizenship doesn't require her to be inside the US when the application is submitted, however she needs to be a permanent resident to apply, so she must make that initial entry to acquire permanent resident status with enough time to spare so you'll have at least a year left on your assignment when she applies for citizenship. Also note that the initial entry doesn't have to be on the mainland US; it can be somewhere closer like Guam or Hawaii.

So for example, she could fly to Guam in September for the initial admission into permanent resident status, then return to Australia to start the citizenship application.

If that won't work because your employment doesn't qualify or it's not feasible for other reasons, another option to extend the time outside the US while preserving the green card would be a reentry permit which would allow spending 2 years outside the US. The reentry permit application must be submitted when she's inside the US (including when USCIS receives it), and she must be in the US to show up for fingerprinting about 3-5 weeks later, but she can leave the US in between those times and after fingerprinting. The permit will be delivered to a US address or outside the US to a consulate of her choosing where she can pick it up after it's approved.

Note that although the reentry permit would preserve her green card for 2 years while abroad, the extended time outside the US would delay her eligibility for US citizenship (if she doesn't qualify for 319(b)).
 
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