USC husband and non USC spouse wanting to live abroad. Issues

Desi4ever said:
Now that I'm a USC, I want to live in my home country to spend some quality time with parents and extended family. I understand as a USC I'm free to take up a job abroad through proper channels as long as I like and will have no issues returning to the US. But issue is with my wife's status.

I just applied for my wife's I-485. She should get her green card in 4-5 months.

I understand the meaning of being a "permanent resident".

If I take up a job abroad and moves with me along wiht our child , it very well implies that she has no intentions of residing in the US. Even a re-entry permit will have no bearing I presume.


Lets say I want to live in my home country for 3 years and move back to the US.


1. Will my wife qualify for a returning resident visa ?
2. If we do this again i.e move to home country for more than 2 years , should I start her US immigration all over from the home country's US consulate?
3. If a spouse of USC has no intentions of living in the US permanently , what visa category does she fall into ?
4. If answer to 3 is "none" , is she getting citizenship the only solution ?

Sorry for the speculative post. But I want to fully understand the laws and abide by them.

Thanks!
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I don't have any direct experience with a returning resident visa. However, from reading the rules at http://travel.state.gov/visa/immigrants/info/info_1333.html
it does not seem to me that she would qualify for a returning resident visa if she gets a green card now, spends over 2 years abroad under the circumstances you describe and then applies for an SB-1 visa. The eligibility requirements for an SB-1 visa say "...That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible..."
This requirement does not seem to be satisfied here.
IMO, after more than a 2-year stay abroad, if you and your wife want to return to the U.S., you would need to file a new I-130 for your wife and start a green card process for her from scratch. My 2c.
 
IMO, after more than a 2-year stay abroad, if you and your wife want to return to the U.S., you would need to file a new I-130 for your wife and start a green card process for her from scratch. My 2c.
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Got it. But my fundamental question is how many times can one lose permanent resident status by living abroad an reapply I-130/direct consular filing ?
 
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