Extended time outside of USA on Greencard

[Charles C 0]

My wife needs to spend extended time in her home country caring for minor children and an elderly mother. My wife currently has her 2-year green card and we are on track for ROC in May/June of 2015.

What is the process for filing with the US government for her to have permission to (potentially) exceed the rule for time spent out of the country? We don't intend for her to forfeit her GC status... so can anyone enlighten me on the guideline?

Thanks in advance - not even certain if this is the right forum for this question.

Charles

[NikLR 13,227]

How long is she going to be out of the USA?

[Harpa Timsah 13,258]

If she wants to spend less than a year, then she doesn't need to do anything. If she wants to spend up to two years, then she needs to apply for a reentry permit. With that she can stay out for 2 years.

She will still need to ROC on time and travel to the US for biometrics and any interviews.

[Hypnos 6,576]

There is no such permission for a conditional permanent residrnt. If she filed for a re-entry permit it would have the same expiry date as her conditional green card.

If she is out of the US for an extended period of time (we're talking six months or more) then this may jeopardise her permanent resident status.

[Harpa Timsah 13,258]

The same applies with a conditional resident, except it expires with the GC expiry. If she wants to be out 2 years after her GC expiry then she would need another reentry permit.

[Charles C 0]

Thanks for pointing me to the I-131. I have reviewed the instructions and it does apply to Conditional as well as LPR - so there should be no problem there. As for the other questions asked:

1) I don't know how long she will be out of the country - she will be caring for minor children in school, so more time out than here. She will come back and forth to the US throughout the time but we don't have any way of knowing the cumulative time in the US v. out of the US.

2) She will be able to be back here for any ROC interviews, meetings, etc - as long as we can plan them, the travel is not a problem.Maybe when she has ROC, we will need to renew the 131 at the same time?

Is the I-131 good for the entire 2 years, regardless of re-entries? I expect that she will be "back and forth" during the time so I want to be certain the 131 maintains is validity past a single re-entry. I believe so but hope someone can confirm this fact.

charles