US Citizen and Resident Wife Moved Abroad- Want to Return

[dubaiguy 1]

Thanks in advance. So frustrated with the run around we are getting. Your advice is sincerely appreciated.

I am an American citizen by birth.

My wife is a Japanese citizen but has had a USA green card since she was a baby (lived in USA her entire life except birth).

We got married 2 years ago and moved to Dubai for my job (not govt related). We also had a kid (american) in Dubai.

Wife's green card is now "out of status", but we still have it physically.

The questions we have:

1) We want to go home (USA) for Christmas this year. How should she enter USA for our 2 week trip? Try to use green card? Or get the typical visit visa exemption thing like she is any other Japanese citizen?

2) We want to move home in 1-2years. How should she enter when we move to USA permanently? Try for a Returning Resident Visa (or is 4-5 years out of country due to husband's job not a good enough reason)? Should she get her green card before attempting to re-enter permanently? Should she enter as a tourist and apply for green card within the USA?

3) If you all tell us to get the green card while outside the USA. Then once the green card is approved, how soon after that approval must she reenter the USA? I imagine the approval will go "out of status" just like a green card does is she does not enter for a year or so?

Thanks all for any help.

Dubai Guy

Edited July 3, 2012 by dubaiguy

[JohnR! 5,495]

Thanks in advance. So frustrated with the run around we are getting. Your advice is sincerely appreciated.

I am an American citizen by birth.

My wife is a Japanese citizen but has had a USA green card since she was a baby (lived in USA her entire life except birth).

We got married 2 years ago and moved to Dubai for my job (not govt related). We also had a kid (american) in Dubai.

Wife's green card is now "out of status", but we still have it physically.

The questions we have:

1) We want to go home (USA) for Christmas this year. How should she enter USA for our 2 week trip? Try to use green card? Or get the typical visit visa exemption thing like she is any other Japanese citizen?

2) We want to move home in 1-2years. How should she enter when we move to USA permanently? Try for a Returning Resident Visa (or is 4-5 years out of country due to husband's job not a good enough reason)? Should she get her green card before attempting to re-enter permanently? Should she enter as a tourist and apply for green card within the USA?

3) If you all tell us to get the green card while outside the USA. Then once the green card is approved, how soon after that approval must she reenter the USA? I imagine the approval will go "out of status" just like a green card does is she does not enter for a year or so?

Thanks all for any help.

Dubai Guy

Check out this link. This may help is she does not intent to relinquish her LPR status.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=89a647a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Good luck!