Reentry Permit for US Resident when already living outside of US

[antiguatech 0]

Reentry Permit for US Resident when already living outside of US

I'm a US citizen currently living in Guatemala. My wife obtained her permanent green card at the end of 2010.

We have been living in Guatemala since 2009. She travels back to the US for a month or two every year but have never used a travel document I-131

My concern is, does she have to file an I-131 or any other document for reentry into the US, or leave it as it is?

Since she got her permanent card, we have lived outside of US most of the time since 2009.

We don't want to raise a "red Flag" nor want the USCIS to consider she has abandoned her green card and remove it from her once she applies for any permit.

Also, we don't even have a permanent address in the US other than a P.O. Box.

So far she has never had any issues reentering the US, even if she travels for a few days or months.

So should she apply for the reentry permit or any other document or leave it as is?

Last edited by antiguatech; 06-09-2013 at 12:00 PM.

[Penguin_ie 5,996]

She's been very lucky so far, and risks her greencard being taken away every time she enters, because she does not reside/ spend the majority of her time inside the USA (the greencard is more accurately called the legal permanent RESIDENT card). Normally I would recommend a e-entry permit, but the danger with that in your case is that it may highlight her pattern of only visiting, and that could cause issues in itself.

For how long will you be outside the USA? If it is more than another year or two, I would recommend she officially give back her greencard at the local US embassy and get a tourist visa, then re-apply for a spousal visa when you are ready to move back.

[Noel194 53]

Yes one of these times they will take her greencard. A permanent RESIDENT of the USA must LIVE in the USA. Has she been filing US Tax returns? And you know if she ever wants to become a citizen she has to have lived in the USA for a certain amount of time.

[Dave&Roza 748]

Reentry Permit for US Resident when already living outside of US

I'm a US citizen currently living in Guatemala. My wife obtained her permanent green card at the end of 2010.

We have been living in Guatemala since 2009. She travels back to the US for a month or two every year but have never used a travel document I-131

My concern is, does she have to file an I-131 or any other document for reentry into the US, or leave it as it is?

Since she got her permanent card, we have lived outside of US most of the time since 2009.

We don't want to raise a "red Flag" nor want the USCIS to consider she has abandoned her green card and remove it from her once she applies for any permit.

Also, we don't even have a permanent address in the US other than a P.O. Box.

So far she has never had any issues reentering the US, even if she travels for a few days or months.

So should she apply for the reentry permit or any other document or leave it as is?

Last edited by antiguatech

; 06-09-2013 at

12:00 PM

.

I would like to know how you filed for and were approved for ROC and received her 10 year GC when she has not been living in the US? You have already raised the red flag by living outside the US and only traveling back for a month each year. At some point the CBP people are going to flag her GC and it will be taken away when she tries to re-enter the US. The GC is for those that want to LIVE in the US; the two of you have been abusing her GC and have so far gotten away with it. This may come back to bite you when/if she files for USC as you will have to list all trips of more than a day outside the US and then the USCIS will see that from 2009 to 2013 she was outside the US more than inside and thus abandoned her GC. At that point you wil have to file for a spousal visa and wait for it to be approved--hopefully the two of you are inside the US otherwise she will have to remain outside the US until the spousal visa is approved.

You are playin gwith fire and have yet to be burned. Either move back to the US so she can keep her GC or turn it in and apply for the proper visa when she is ready to LIVE IN the US.

Good luck,

Dave