Traveling outside US after CR-1

[bad4tatt 168]

21 hours ago, Sal89 said:

Hi,

 

We are in process of getting a CR-1 visa for my wife. Hopefully she will be here in US within 2 months. I'm US citizen and my US based company is planning to send me for a long term assignment to UAE for 2 years. 

 

My plan is to stay in US till she arrives, have her SSN, Green card and learning driving license. Myself and her would be able to visit US every 5-6 months for a week vacation. I'm afraid immigration officers may decline her entry to US because she didn't stay in US after getting residency. Any one has gone through this? Would we be fine?

 

Also, would it affect when I apply to remove her residency conditions after 2 years?

 

Thanks in advance. 

Direct from USCIS SITE:

 

 

"Your Permanent Resident Card shows that you are allowed to live and work in the United States. You can also use your Permanent Resident Card to re-enter the United States after traveling abroad. If you are outside of the United States for more than 12 months, then you will need to show additional documentation to re-enter the country as a permanent resident.

 

Some immigrants believe they can live abroad and keep their permanent resident status as long as they return to the United States at least once a year, but this assumption is incorrect. Travel to the United States once a year may not be sufficient to maintain your status. Permanent residents may travel outside the United States, and temporary or brief travel usually does not affect your permanent resident status. If you leave the country for too long or indicate in another way that you do not intend to make the United States your permanent home, the U.S. government may determine that you have abandoned your permanent resident status. This can also occur if you take a trip that is between six months and a year, if there is evidence that you did not intend to make the United States your permanent home."

[Qian 33]

Please check out INA319B, your wife might be eligible for expeditious naturalization under it after she becomes a permanent resident.

[Sal89 40]

It's non-gov assignment.

I think the best solution is to get the re-entry permit. Regarding the citizenship, we can wait for another 2 years so she meets 3 year requirement. 

 

Re-entry permit requires the person to be present in US for hand geometry etc,  person can leave after and have the permit delivered to consulate/embassy abroad. From processing timelines, it seems it takes between 2.5 - 6 months. Even if we request to expedite our case, who knows how many weeks or months USCIS will take. I don't want her to stay in US while I'm abroad. 

Is it possible after submitting application for re-entry permit she flies with me to UAE and once we receive a letter or an email for hand geometry she fly back for a week to get it done? We can provide relative's address so that letters are delivered there and they can inform us.

Edited June 7, 2018 by Sal89