Spendingmost of our time out of US....

[Vtguy71 0]

Folks,

First off thanks to everyone who helped us on this website in the past. My wife and I have been married for 2 years and now is the time for the I-751 process. Our situation may be a tad unique since we effectively moved to Poland in April of last year. My wife is from here and I was lucky enough to have employment and get my residency status situated legally within 3 months from our arrival. All in all we are happy and don't have any plans to go back stateside apart from visiting my family and friends. Issue is that we would like her to continue to have a green card so she can enter the US with me when we visit family. Her card expires in the next few months and I am curious to know if the NOA we get from the I-751 would let her get back into the states if we were to try and enter after the card expired.

Let me know if anyone has any insights or advice. This site has always pulled through for me so my fingers are crossed on this topic even if its more of a one off situation.

Thanks in advance!

-VtGuy71

[MMW 2]

first of all it is a requirement for her to spend at least half the time (1 of the 2yrs) residing in the states. Does she meet this? If not i believe she may have already lost her right to AOS. hopefully someone will give you more insight into this.

[Kez/JWolf 6]

If you move out of the US to live and work (unless you have a Government job) you will lose your LPR regardless of how long you have been out of the US. You can not keep the Greencard and use it like a tourist visa, the status of Lawful Permanent Resident allows you to live and work in the US, it is not a visa to enter and leave the US without maintaining your residence.

Maintaining Permanent Residence

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.

Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

Fail to file income tax returns while living outside of the US for any period.

Declare yourself a “nonimmigrant” on your tax returns.

check out your responsibilities as a LPR here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD