15 year Green Card holder, moving overseas; how to keep the Green Card?

[Joanna&Bobby 3]

Ugh. I just read the Japanese nationality law (English translation available on Japan's Ministry of Justice web site at http://www.moj.go.jp/ENGLISH/information/tnl-01.html) and my spouse naturalizing in to the US does not seem like a good idea.

So, we do our best to keep my spouse's permanent resident alien status, and deal with re-establishing it as my spouse (I'm a US citizen) if at some point in the future it becomes an issue.

I had a conversation about this with the managing officer of a US POE earlier this year. In the conversation, I indicated our plan was to have homes in the US and China and spend at least several months a year in the US. He clearly indicated that wouldn't qualify as maintaining permanent resident status, even if we jointly owned a home in the US. In reality, the decision to allow entry using the green card is going to be up to the CBP officer with each individual entry. I would expect them to be reasonable as long as you carefully handle any answers to questions asked. One can be truthful without disclosing a lot of details. I think there's a good chance that if the absense is less than a year, you would be ok at least the first few times. All you need is a CBP officer having a bad day, who looks and sees from entry and exit stamps that the LPR is spending far more time outside the US than inside, to upset the apple cart.

At least in the case of Japan, she can likely continue to visit the USA on the VWP or a visitor visa until such time (if ever) she wishes to regain LPR status. That luxury is not currently available to my Chinese wife, so we're going to have some decisions to make in two or three years. Until then, our trips to China will definitely be "visits" so no worries.

But since she is married to a US citizen, won't that also be a red flag when trying to enter the US under VWP? They can deny entry because she is married to a US citizen. Correct me if I'm wrong! (She would need to file for K-3 right?)

[queendlee 1]

Ugh. I just read the Japanese nationality law (English translation available on Japan's Ministry of Justice web site at http://www.moj.go.jp/ENGLISH/information/tnl-01.html) and my spouse naturalizing in to the US does not seem like a good idea.

So, we do our best to keep my spouse's permanent resident alien status, and deal with re-establishing it as my spouse (I'm a US citizen) if at some point in the future it becomes an issue.

I had a conversation about this with the managing officer of a US POE earlier this year. In the conversation, I indicated our plan was to have homes in the US and China and spend at least several months a year in the US. He clearly indicated that wouldn't qualify as maintaining permanent resident status, even if we jointly owned a home in the US. In reality, the decision to allow entry using the green card is going to be up to the CBP officer with each individual entry. I would expect them to be reasonable as long as you carefully handle any answers to questions asked. One can be truthful without disclosing a lot of details. I think there's a good chance that if the absense is less than a year, you would be ok at least the first few times. All you need is a CBP officer having a bad day, who looks and sees from entry and exit stamps that the LPR is spending far more time outside the US than inside, to upset the apple cart.

At least in the case of Japan, she can likely continue to visit the USA on the VWP or a visitor visa until such time (if ever) she wishes to regain LPR status. That luxury is not currently available to my Chinese wife, so we're going to have some decisions to make in two or three years. Until then, our trips to China will definitely be "visits" so no worries.

But since she is married to a US citizen, won't that also be a red flag when trying to enter the US under VWP? They can deny entry because she is married to a US citizen. Correct me if I'm wrong! (She would need to file for K-3 right?)

VWP? I am not sure... but I was told it does look suspicious and the spouse of the USC can be denied and it's better to get a spouse visa in that case... and in terms of keeping the PR card... well it technically means the PR spouse can loose PR, but I know a lot of people who do it, and return once every 6 months just have a stamp in their passport then leave... wrong in my opinion... but i guess this only hurts you if you decide to become a USC and need to estabilish a time line.... although I know people have gone around that too... how... i dunno... I know i would not be so lucky! so I stick to the rules!

Edited August 8, 2008 by queendlee

[Reba 2]

But since she is married to a US citizen, won't that also be a red flag when trying to enter the US under VWP? They can deny entry because she is married to a US citizen. Correct me if I'm wrong! (She would need to file for K-3 right?)

Not if they're just coming back for visits, and they have a primary residence in another country together.