Planning to head to China, with a US Green Card how long can my wife b

[Magnus1977]

We might be planning to head to China. My question is, how long can my wife be in China with a Green Card and not lose the Green Card? Do we need to "establish residency" at some point in a few years? Anybody can shed some light on this subject??

 

Thanks.

[warpedbored]

A green card is a residence permit. It is for a foreigners permanent residence in the US. If they no longer live here it doesn't apply.

Without a reentry permit she will be found to have abandoned her green card if out of the country more than a year. Even with a reentry permit the max is 2 years.

From the USCIS website.

 

 

Abandoning Permanent Resident Status

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 United States for more than 1 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 United States may be considered, even if less than 1 year
• Remain outside of the United States for more than 2 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 United States may be considered, even if less than 1 year
• Fail to file income tax returns while living outside of the United States for any period
• Declare yourself a “nonimmigrant” on your tax returns

[Randy W]

Any stay of longer than six months may be considered an abandonment of your permanent residence status. Unfortunately, you won't know until you attempt to re-enter the U.S. at the POE.

 

Before you leave the U.S, you may apply for a travel permit, for up to a two-year stay - I-131, Application for Travel Document

 

USCIS - After a Green Card is Granted Now That You are a Permanent Resident - Rights and Responsibilities

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.

 

 

This is from the Caracas, Venezuela consulate, but would apply to any green card holder

 

Returning to or Rescinding Legal Permanent Resident Status -

Quote

If you intend to travel to the U.S. as a non-immigrant, you may wish to file an Abandonment of Lawful Permanent Resident Status Form I-407 to clarify your status. Former LPRs will usually be asked to execute this document and surrender their I-551 (green card) before being issued a non-immigrant visa. The I-407 can be executed on the same day as your non-immigrant visa interview before the interviewing Consular Officer.

I'm sure the above also applies when applying for an IR-1 visa after a long absence. The form I-407 clarifies your present status - if you have not attempted to use a previous green card, it may still be on record as being valid. In other words, when returning to the US after an extended absence but before the green card expiration date, your green card may still be on file as valid. The Immigrations Officer, however, may decline your entry and revoke your green card. To clarify the situation, you may wish to have your spouse file a new I-130, and file the I-407 to conclusively show abandonment of the green card.

The DS-117 may allow you to determine your status before you return.

[dnoblett]

A few questions:

• Have a 2 year card or a 10 year card?
  • If a 2 year card, you will have the hassle of removal of conditions which will be a big problem if you are not actually residing in the USA. SEE: http://candleforlove.com/forums/topic/45297-conditional-green-card-holder-not-living-in-the-usa-i-751/
• How long has been a US Resident?
  • If more than 3 years, you may consider becoming a US Citizen before going to China, this would eliminate the maintain or abandon green-card issue, however would involve getting an additional visa to go to China, and extending staty while there.

In many cases it is easier to abandon the green-card either through becoming a US Citizen, or abandon it in China, and getting a new spouse visa when returning to the USA permanently, and as shown in the above link getting a B-2 visa to visit the USA while residing in China on a permanent basis.

[HaoRan]

I have a question related to this topic. What if the American Born US Citzen Husband finds work/employment in China and he would like to bring his wife (Chinese greencard holder) and son (Chinese greencard holder)? So the US would deny them reentry into the US if out of the country for 2 plus years in that scenario?

 

tks.

 

Haoran...

Edited July 5, 2013 by HaoRan (see edit history)

[dnoblett]

I have a question related to this topic. What if the American Born US Citzen Husband finds work/employment in China and he would like to bring his wife (Chinese greencard holder) and son (Chinese greencard holder)? So the US would deny them reentry into the US if out of the country for 2 plus years in that scenario?

 

tks.

 

Haoran...

Yes, a green-card allows permanent residence in the USA, if you reside elsewhere the residency status can and will be revoked.

 

A couple options.

• Have wife become a US Citizen before residing overseas, and if child is less than age 18 at time wife becomes citizen, child aso becomes a US Citizen, get them both US Passports and visas, and reside overseas. Wife can apply for citizenship at 3 years of residency, and probably be a US citizen sometime within 4-6 months after applying.
• File an I-131 before leaving the USA for a re-entry permit, it should allow for an extended period of absence 1 - 2 years, however if beyond 2 years then green-card would still be revoked.
• Live overseas and if green-card becomes revoked, file for a SB-1 returning resident visa at consulate.
• Make periodic trips back to the states, residing a month or so each time, however many times USCIS catches on to this and determines that you are not residing in the USA and they can revoke the green card.
• Live overseas and relinquish the green-card, and apply for a spouse visa when planning on return to the USA. Similar situation

One issue is if child looses green-card status, may be denied another visa to return to the USA if child is no longer a child (Age 21)