Travel Restrictions for Green Card Holder

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Bilwi

New Member
I am a U.S. citizen living and working in Peru for two years now on a religious visa. In October I married a Peruvian citizen. Prior to getting married I asked the U.S. Embassy about getting a tourist visa for my wife in order to travel to the U.S. in late December, knowing that I am a resident of Peru. The U.S. Embassy suggested that I should petition for my wife's green card instead. So I did.

Yesterday, my wife was approved for her green card, and we will travel to the U.S. in late December, but only for 2 weeks. We have intentions of travelling to the U.S. 3-4 times a year, but only for 1-2 weeks at a time. We are dependent on my salary, and my work has me based in Peru. How can we avoid having my wife's green card taken away?
 
When she is in the US she should apply for a reentry permit, which would preserve her green card while she is outside the US for up to 2 years.

The reentry permit requires her to be in the US at the time when the application is filed (including when USCIS receives it), and again for fingerprinting (around 3-6 weeks after the application is filed). There is the option to have the approved permit delivered to her US address, or to a US consulate where she can pick it up.

She can leave the US in between the filing date and the fingerprinting date. Once she receives the FP appointment notice, she doesn't necessarily have to wait for the appointment date; she can attempt a walk-in before the date and they will usually accept the walk-in if they're not busy at the moment. Don't bother to call to ask about walk-ins; they almost always say NO on the phone. But when you actually show up they usually accept.
 
IF you are sponsored by a US based organization, you should consult with them. There are special provisions for US worker family members when a US based organization assigns a worker abroad. I suspect that your situation is somewhat unique since you are a religious worker rather than a corporate worker.
 
INA 319(b) provides that if lawful permanent resident status is obtained as the spouse of a USC, then that LPR of good moral character is IMMEDIATELY eligible for naturalization IF

(b) Any person,

(1) whose spouse is

(A) a citizen of the United States,

(B) in the employment

of the Government of the United States, or

of an American institution of research recognized as such by the Attorney General, or

of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of theUnited States, or a subsidiary thereof, or

of a public international organization in which the United States participates by treaty or statute,

or

is authorized to perform the ministerial or priestly functions of a religious denomination having a bona fide organization within the United States, or

is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and

(C) regularly stationed abroad in such employment, and

(2) who is in the United States at the time of naturalization, and

(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except

that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.
 
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