Re-entry Permit which documents?

handxx

Registered Users (C)
Hi folks,

My wife received her GC through marriage around 4 months ago. We are planning to go to overseas for a while , I just wonder besides I-131 form do we have to send any other documents? By the way I am US citizen and my wife is GC holder, thanks.
 
What's the reason for going abroad? How long? Does iy have to do with HER employment? How long?

If it has to do with YOUR or HER employment there could be other considerations for HER.
 
Will either of you be overseas for work purposes? If yes, there may be other forms to send to help preserve or expedite your wife's eligibility for citizenship. Let us know which of you is being sent for work reasons, and if the work is for a US company, a US government agency (incl. military) or an international organization like IMF/UN/NATO.
 
Thanks for the quick responses. Actually, the travel will related to my job but I will not work for a US company. My wife would like to come with me but we do not know how long I will stay overseas.
 
I just need a quick answer for the I-131 form. On the first page , it says " class of admission " what we need to fill for that box ?

Another question is if we want the travel document mail to an US embassy overseas, how they will let us know to pick up the document ? On the forms, they do not ask for overseas phone number to contact or e-mail address either ?
 
her greencard has an admission or adjustment code on it like:

IR-1 spouse of a USC came with a visa

IR-6 spouse of a USC adjusted in U.S.

etc...
 
Joe thanks for the reply, another question is she got her GC through our marriage, I am a US citizen. Her GC has an expiration date till August 2012, if we travel overseas, what will happen to her GC ?
 
Why do you bother with I131? She has a green card right? So she can come and go as she pleases as long as she doesn't stay longer than 6 months outside of the USA. Right?
 
She got her greencard based on a marriage that had existed less than 2 years at the time of admission or adustment. Her CR-1 or CR-6 card means that you and she are required to file a form I-751, Petition to Lift Conditions..... within the three months before the card expires. Keep that in mind as you'll need to arrange your schedule to acommodate that eventuality.

The travel will have no effect on her greencard status UNLESS she remains outside the U.S. too long. Since you are uncertain about the specifics, it is safer to file the I-131 and obtain the Re-Entry Permit. It's cheaper than a bunch of international round-trip tickets.

Although the permit will protect the greencard status, her time spent abroad MAY demonstrate a break in the continuity of residence for naturalization purposes.

Since you have effectively ruled out her eligibility for a form N-470 under INA 316(b), and based on your employment situation, she does not qualify for early naturalization under INA 319(b). Keep in mind that if she remains outside the U.S. for over 6 months at a time she will likely be deemed to have broken continuous residence for naruralization purposes. Any absence of one year or more definitely breaks residence for natz.

IF a break occurs, she will have to wait 2 years and 1 days from date of return to the U.S. to "resume residing permanently in the U.S." in order to qualify to file an N-400 for naturalization based on her marriage to a USC that has lasted at least three years and continues through her taking the Oath. Once she breaks it, forget about the short visits back just under every six months, it won't help. In that case, just keep up the validity of the re-entry permit.

In short, file the I-131 ASAP and don't forget about the I-751 three months before her conditional card expires. If you fail to file the I-751 her status will be terminated and she will be sent before an Immigration Judge to be ordered removed. The computer system that keeps track of her grant of conditional status will automatically terminate her status if the data entry of her I-751 is too far overdue (there is not much wiggle room). No one can benefit from slow processing on the part of USCIS in these cases since it is computer regulated.

If sent before an IJ, she the I-751 issues can be reviewed by the IJ, so all is not lost, but avoid that at all costs. (Or it will cost, a ton of time, money and worry.)
 
Joe, thanks a lot for taking your time to answer questions.

I understand to file I-751 3 months before her GC expires. My question is do we have to be physically in US to file I-751 to remove conditions or we can file also from overseas ?

In order to remove conditions for her GC , does she have to be in US certain amount of days? We are going overseas mainly because of my job and will visit US time to time so she will enter US during next 2 years. Will it be a problem for my wife to remove GC conditions because she will be outside of US ? Thanks , I start to worry what to do , I really like to work overseas but do not want to ruin her GC also.
 
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