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  • Green Card, can I get another one?

    I am American, and my wife is French on a Conditional Permanent Resident visa/green card, that I sponsored her while we where in the process of getting married. After words, We came to visit France and have been here (in france) for about 8 months. We understand that she must not leave the US for more than a Year to keep this greencard. We are thinking about staying in france for a couple more years (3-4 years). This is my question.
    (1) We're pretty sure she will lose this greencard, is this correct?
    (2) If she does lose this Greencard, will we be able to apply for this again in 3-4 years, or will there be some restrictions?
    (3)During this time of 3-4 years that we are living in france, will she still be able to visit the US on a visitor visa?
    Thank You,
    Rhett

  • #2
    I am American, and my wife is French on a Conditional Permanent Resident visa/green card, that I sponsored her while we where in the process of getting married. After words, We came to visit France and have been here (in france) for about 8 months. We understand that she must not leave the US for more than a Year to keep this greencard. We are thinking about staying in france for a couple more years (3-4 years). This is my question.
    (1) We're pretty sure she will lose this greencard, is this correct?
    (2) If she does lose this Greencard, will we be able to apply for this again in 3-4 years, or will there be some restrictions?
    (3)During this time of 3-4 years that we are living in france, will she still be able to visit the US on a visitor visa?
    Thank You,
    Rhett

    Comment


    • #3
      I believe (I'm not a lawyer) that the real issue is does she intend to live in the U.S. permanently? It may be possible to keep her green card "alive" by maintaining a permanent residence in the U.S., bank accounts, having relatives here, and so on. Also, getting advance permission to be out of the US, and making regular trips back here. I think it's worth a try, because if she loses the green card, she probably will have a tough time getting a nonimmigrant visa to visit. Marriage to you presupposes immigrant intent for these visas.

      Comment


      • #4
        Yes, she does intend to live in the US permanently after this stay in france.

        Comment


        • #5
          As to question of the feasibility of securing a tourist visa to visit the USA, although being married to a US citizen CAN imply immigrant intent if the parties are maintaining a home in the US. However, being married to a US citizen might NOT indicate immigrant intent, if the US citizen can clearly subtsantiate that he is permanently residing outside the USA. It depends on the circumstances
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment


          • #6
            Well I would become a permanent resident if i moved back to the US. My question is will I be able to sponcer her again for a greecard in 3-4 years, after she loses her greencard, or will there be some restrictions?

            Comment


            • #7
              Read the section on the USCIS site, by the sound of it she lost her LPR status sometime ago.

              I think Paris does DCF which will be a lot easier than the K3/CR1 route.

              Should have no trouble on a VWP, jsut bring proof of ties to France just in case.

              Always a good idea to get Citizenship first before a move elsewhere.

              Comment


              • #8
                Rhett: You are a USC, wife is French on a conditional Permanent Resident, Well she can travel outsite of the US like all Permanent Resident, as long as she is married to USC, and not to stay more then six months, in a single trip.
                (1) if in case she lose her CPR, Card for long stay you can always file I-130 for her.
                No restrictions.
                (3) Since she has been married to USC, some consul might issue her with a visa, some may not it all depends on your stay in France.
                WHAT ARE YOU DOING IN FRANCE FOR 3-4 YEARS ?
                One thing will always come at the time of interview, since she is married to you(USC) she is an intending Immigrant to US.

                Comment


                • #9
                  Please, Can anyone answer the 2nd question?
                  (2) If she does lose this Greencard, will we be able to apply for this again in 3-4 years, or will there be some restrictions?

                  Comment


                  • #10
                    You are already in France for about 8 months now.
                    She must get back to US if she want to keep her LPR status.(on Green Card)
                    You would like to stay in France for couple of years(3-4).
                    (1) She will lose her greencard correct.
                    (2)Yes you can alway apply for, any time during(3-4) NO RESTRICTIONS.
                    (3) As I have already said before. She is an intending Immigrant to US it all depends on your interview with the Consular Officer. Getting a nonimmigrant visa to visit after marriage, mostly it is out of question.
                    Hope you will try to look into all the matters.

                    Comment

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