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Filed: AOS (pnd) Country: Germany
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Hello all,

Here's the situation: My wife and I were married in October '07 and her green card was issued in May '08, so she has at least seven months (February '10) before she can file her I-751 (if I understand the 90 day rule correctly) and remove her conditional status. She currently has an opportunity to participate in a two year Masters program back in Germany which would begin in September of '09. I believe she can leave the US and reside in Germany for the two year duration without abandoning her permanent residence status, as long as she files a I-131 reentry permit and has her biometrics before she leaves. First of all, is this correct?

Secondly, in this case she, would be residing outside the US when her conditional status expires. Is it okay for her to file her I-751 if she's not physically in the US at the time? She would maintain a permanent US address and file her taxes (at least for '09), as well as make multiple visits back to the US over the two years time, if that's relevant. Also, don't know if it matters, but I (the US national) would likely be living with her the entire two years in Germany. In that case, our permanent US residence would be my parent's house.

Is this plan possible? Am I missing anything?

Thanks in advance...

 
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