post aos question, maybe in wrong section, not sure

[jpine 0]

Well my wife has her 2 year conditional gc about a month ago. I have an opportunity to work in Domican Republic for one year. Can she go with me for the full year. Will this delay us applying for the 10 year in anyway? Any advice would be appreciated.

Thanks

[YuAndDan 153]

It wont affect your lifting the conditions, you need to file within 90 days of the card's expiration.

You will need a re-entry permit if the green-card holder is out of the country more than 1 year. Same application as for AP (I-131)

The only thing that would be delayed is if you are considering naturalizing and becoming a US Citizen, being out of the country for periods more than 6 months will reset the residency requirement needed to file for Naturalization.

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

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.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD Edited April 23, 2007 by YuAndDan

[jpine 0]

thanks so much, good for us if we get to domincan republic for a year. thanks again for your quick response

[eau_xplain 2]

Will you be keeping your main residence (and other financial ties) here in the US? You have to make sure that the USCIS will not interpret your wife's being away that long as abandonment of legal permanent resident status.

[jpine 0]

yes i will still carry a us residence, bank actn, etc.. its just a short term job for me.

Will you be keeping your main residence (and other financial ties) here in the US? You have to make sure that the USCIS will not interpret your wife's being away that long as abandonment of legal permanent resident status.

[meauxna 15]

All info is from links in my signature.

Now That You Are A Permanent Resident

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You can find more information about travel documents from "How Do I Get a Travel Document?"

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.

How Do I Remove The Conditions On Permanent Residence Based On Marriage?

You and your spouse must apply together to remove the conditions on your residence. You should apply during the 90 days before your second anniversary as a conditional resident. The expiration date on your alien registration card (commonly know as green card) is also the date of your second anniversary as a conditional resident. If you do not apply to remove the conditions in time, you could lose your conditional resident status and be removed from the country.

Removing Conditions On Permanent Residence Based On Marriage

Do I Need to Be Physically Present in the United States at the Time of Filing?

The Form I-751 (Petition to Remove the Conditions on Residence) can be filed regardless of whether you are physically present in the United States at the time that you file. However you must return to the United States with your spouse and your children in order to comply with the interview requirement.