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wife traveling to china, what do I need?


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Hi all,

 

My wife is going back home for a month due to a family emergency and I was wondering what I need to prepare for her departure.

 

I did one of the forms, I cant remember which, that dealt with travel. I believe she is set to travel until Sept 2010. She has her permanent green card as well.

 

If she leaves what does she need to return? Green card? travel authorization? Thanks for the help.

 

Bill and Wen

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Green-Card IS travel authorization.

 

If passport name is different from green-card, then book air fare using passport name. Also cary copy of marriage cert to show name change.

 

Only need a re-entry permit if planning being out of USA longer than a year.

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If she has LPR status:

 

Yeah, if it's only for a month, then her passport and green card should be all she needs. The only other thing I would think she could possibly need (but probably not) is your marriage certificate if the green card name doesn't match up with her passport. Again, I'm not even sure that's necessary.

 

EDIT: Dan, you beat me to the punch. If you want to delete this post, feel free to.

Edited by Kyle (see edit history)
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green card and valid passport is all she needs, if she changed her name after marriage (it seems a thing lots of westen guys want) then a copy of marriage certificate should be taken too.

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She'll get back just fine with a green card. Just make sure she doesn't stay outside of the US for more than 6 months.

Why?

 

http://www.uscis.gov/files/nativedocuments/M-618.pdf

 

If you are outside the U.S. for more than 12 months, you will need to show additional documentation to re-enter the U.S. as a

permanent resident

 

The six month mark is really only important for a few reasons:

 

1. After six months a larger burden will be put upon you to show that you haven't given up your intent to immigrate. My understanding is that any trip under six months the burden will fall on the POE foks to prove the immigrant hasn't given up intent. However, from what I've researched the six month mark is only a guideline (not necessarily a rule). For example, if the immigrant takes a three month trip outside the US, I'm sure the POE officer could make it an issue if they so choose. We've known immigrants who traveled outside the US for six months, and were allowed reentry.

 

Regardless of how long you decide to travel outside the US (one month or six or 1 year), you need to be able to prove that you haven't given up the intent to immigrant (being prepared to do so does not mean that you will be required to do so).

 

2. Maintaining continuous residence - The six month rule is important if your family member wants to apply for naturalization. Staying outside the US for longer than six months per year may result in the time previously spent within the US to not be counted toward the naturalization requirements. If your relative doesn't want to be naturlized - well, then the six month guideline (in my mind) becomes a lot less important.

Edited by Kyle (see edit history)
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