Long Travel while having conditional GC ?

H

handxx

Registered Users (C)
Hi everyone,

I recently asked couple questions regarding travel document I-131 for my wife. We are planning to move to my home country for my job purposes. I am a US citizen and my wife has a conditional 2 year GC through our marriage. She got her GC in August 2010.

We prepared the I-131 travel document for re-entry permit . But my question is , her conditional GC will expire in August 2012. In order to remove conditions on her GC, we will apply for a longer term GC I assume. So if we live outside of the USA . will it be possible to apply or we have to come to USA to apply for longer term GC ?

Another question is our trip is mainly because of my new job search. My wife would like to also join me to go overseas and she likes to take some classes. When I send the travel document I-131 , do I need to send any other form in order to explain " my wife is travelling with me just to be together in an another country "?


As a summary, I do not want to screw her GC and little bit scared if she can loose her rights. But, on the other hand I do not want to skip job offers overseas. So how we can be on the safe side ?
 
Is the job offer for a US company, US government agency, or international organization to which the US belongs (e.g. UN, IMF, NATO)?
 
GC holders have to be in the US longer than 6 months a year or their GC will be taken away next time they try to enter the US. If your wife wants to stay out of the country for longer than that, she will have to apply for a waiver, but I don't know what it's called...
 
Kussypoo is a little mixed up there.

The re-entry permit protects the greencard status. The re-entry permit does not preserve her eligibility for naturalization.

As long as she follows the procedures expalined regarding the re-entry permit, that issue will be OK.

USCIS International Offices can assist with certain filings but you will need to inquire to the office with jurisdiction over the foreign residence as to whether or not they can help with the I-751.

In General an overseas USCIS Office can help with:

Fingerprinting Services

USCIS offers limited fingerprint services to overseas applicants filing for U.S. immigration benefits who present an appropriate letter from a domestic USCIS office stating that fingerprints are required, or for applicants applying for expeditious naturalization under Section 319(b) and Section 319(e) of the Immigration and Nationality Act. Please contact the USCIS XXXXXX Field Office for additional information.

For links to the international offices see:

http://www.uscis.gov/portal/site/us...nnel=1ac900c262197210VgnVCM100000082ca60aRCRD

The I-751 specifically addresses overseas filings based on a USC spouse working for the U.S. civilian government or military but does not address your situation at all.
 
thanks joe again, sorry to give you headache. My only concern is since my wife has the conditioned GC and she is traveling with me , I just wonder if we have to visit US 3 months before her conditioned GC expires, in order to remove her conditions and apply for a 10 year GC I assume ? I am not sure she will get 10 year GC or not but conditioned card will expire in August 2012..
 
handxx,

That is what you need to ask of the overseas USCIS Office. They all have e-mail addresses available.

Depending on the interbational location, they may be open right now. I'm in Buffalo, NY, so our local office is closed but as for Sydney, Australia or Manila, P.I. or wherever??????
 
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Similar situation - need options

I'm in a similar state, so I'd love to hear what people could offer me as solutions.

I'm a USC (turkish origin, dual citizen, naturalized last year after employment based GC) and planning to marry my turkish girlfriend who is in USA with a multiple-entry 10 year B visa and 6 months I-94 right now. However due to personal reasons we want to spend most of the year in Turkey and only few months in US in the next few years (my US company is ok with me working remotely). We would love her to travel with me, spend ~9-10 months in Turkey and ~2-3 months in USA every year, but we are not sure how we can do that.

Option 1. We can get married and apply for a GC in USA now, and wait here until she gets it through AOS. But since we want to spend most of the year in Turkey, she would lose her GC soon, so this is pointless.

Option 2. We can get married in Turkey and not "register" it in USA, so that she can keep travelling with the B visa. But if they ask her about it at the point of entry, she would need to lie about it to enter, and that's not what we would prefer to do. I understand if we "register" our marriage in USA, or get married in USA, she won't be able to use her B visa.

Option 3. We can not get married and she can keep travelling with her B visa, but obviously we don't like this option. I guess when we decide to spend more than 6 months a year in USA, we can go back to option 1, or get her to USA with a fiancee visa and get married.

What would you guys suggest? Is there any obvious option that we are missing? What we want is very simple: I'm a USC and I want my turkish wife to be able to be with me in US 2-3 months a year.

Thanks for your help!
 
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