I was not sent to Japan by a US company. Before coming, I heard that if we continue filing US federal taxes, my wife can keep her US green card. Is this true or do I have to bring her back to US every 6 months to keep her green card active?
Immigration - 6 Answers
Random Answers, Critics, Comments, Opinions :
1 :
keep it in your wallet
2 :
Neither of your "options" is correct. You may file taxes as a nonresident. The card is not an ATM-like card that needs to be "activated" or "kept active". It doesn't work like that. Your wife can protect her status by obtaining a REENTRY PERMIT from the CIS. It is valid for a period of two years. She may reapply for another one if needed, as the document itself cannot be renewed. It is not issued overseas. She can stay out while the reentry permit is valid, and must reenter the U.S. before it expires. The only question someone will ask if you renew a reentry permit is what is her actual intent? If she cannot show an intent to return to the U.S. and resume her residence, the CIS does not have to renew the reentry permit. They have that option, and they may ask her to surrender her green card. I guess the big question here is, how long to you plan to stay in Japan? Is it your intent to return to the United States? Another thing to remember is that the time spent away does not count towards establishing residence in the U.S. for naturalization purposes.
3 :
on returning to the states your wife can apply for permanent residency (because she is your wife) and therefore doesn't need a green card. Before permanent residency is granted she is able to work in the US. Once the marriage has been proved "lasting" the INIS will grant her permanent residency (almost never refused)
4 :
To keep green card, she'll need to spend over 6 months in the US. it can be as much as 6 months and one day! if you already have your passport then your okay. you can stay out of the us as long as you wish. as far as the taxes, i'm not really sure.
5 :
you can apply for a I-131 (application for extended stay outside of country) this your wife has to do while in the U.S . She does not have to wait for application to be approved before going to Japan however. On the form she can ask for extension to be sent to aU.S embassy in Japan which will post it to you!! This i-131 is valid for two years only. It will cost $305 for this application. However this will affect her time on applying for citizenship as the time she has already spent in U.S will not count . She will start from day one when re-entering U.S so she will have to wait a further 3-5 years to become a citizen!! if your wife does not apply for this and spends more than a year out of the U.S , it is considered an abandonment of residency and she will no longer be considered a permanent resident and as such you will have problems getting your wife back into U.S.
6 :
Hi, You can find all types of info related to Green Card on http://www.guideforbetterlife.com . Good luck!
