Wife's Green Card will Expire while out of Country for 9 months

[ambig88]

My wife received her Green Card last year. She came here from China under a K-1 Visa, we got married, she obtained her green card sometime later around September of last year. My place of employment is beginning to plan on sending me to Japan for 9 months starting in April and I will return around January. Her Green Card is set to expire right in the middle. I was reading that we should apply for renewal before going, but the question I have is how will she get the green card? I'm just worried about losing her resident status, but I figure this isn't too uncommon of an issue with people being sent overseas for work or to live with spouses overseas for work. Any advice on what I should do? We're more than 10 months away from expiration of her Green Card. I don't want to act too late.

Thank you.

[rayb]

Your wife should apply for "Removal of Conditions" within the 3-month period before expiration of her current card. She must then wait around a few weeks for her Biometrics appointment, after which she can leave with the receipt for her application, which gives her a one-year extension of her current Conditional Green Card status.

She must then return for her 10-year cards interview, which will come up 3-8 months from her Biometrics.

--Ray B

My wife received her Green Card last year. She came here from China under a K-1 Visa, we got married, she obtained her green card sometime later around September of last year. My place of employment is beginning to plan on sending me to Japan for 9 months starting in April and I will return around January. Her Green Card is set to expire right in the middle. I was reading that we should apply for renewal before going, but the question I have is how will she get the green card? I'm just worried about losing her resident status, but I figure this isn't too uncommon of an issue with people being sent overseas for work or to live with spouses overseas for work. Any advice on what I should do? We're more than 10 months away from expiration of her Green Card. I don't want to act too late.

Thank you.

[ambig88]

Thank you. I don't think I explained the situation very well. We will be in Japan before the 90 days of her window to submit the paper work will open up (we will be there in April, the window doesn't open up until June at the earliest). I will be there until January/February of 2018. I can get letters and stuff from work explaining the situation when the time gets clear (this is very preliminary at the moment, but he time frame of me being there isn't very flexible). I read I can submit the I-751 while in Japan, but that they will likely delay the Removal of Conditions application until we return from Japan. I was thinking about applying for an I-131 so that re-entry would be less of a hassle. Is this true that they will delay until we return, especially if we explain the circumstances that this is a temporary, planned, situation and that she is not intending to surrender residency in the US. While I know it's not a guarantee, the USCIS did not interview us for her green card application, and I read that usually an interview is not necessary, provided your evidence is provided in full and leaves little question of a legitimate relationship? Is this also true?

[rayb]

In my experience, your wife will not be eligible for a Reentry Permit to be valid after her 2-year Conditional Green Card has expired. Also (in my experience), she cannot apply for Removal of Conditions from outside the U.S. unless her husband is military or civilian military-contractor employed. I am not claiming absolute authority with these issues, but I have had personal experience with exactly the options you are describing.

--Ray B

Thank you. I don't think I explained the situation very well. We will be in Japan before the 90 days of her window to submit the paper work will open up (we will be there in April, the window doesn't open up until June at the earliest). I will be there until January/February of 2018. I can get letters and stuff from work explaining the situation when the time gets clear (this is very preliminary at the moment, but he time frame of me being there isn't very flexible). I read I can submit the I-751 while in Japan, but that they will likely delay the Removal of Conditions application until we return from Japan. I was thinking about applying for an I-131 so that re-entry would be less of a hassle. Is this true that they will delay until we return, especially if we explain the circumstances that this is a temporary, planned, situation and that she is not intending to surrender residency in the US. While I know it's not a guarantee, the USCIS did not interview us for her green card application, and I read that usually an interview is not necessary, provided your evidence is provided in full and leaves little question of a legitimate relationship? Is this also true?