Greencard, can i get another?

[rhettmiller21]

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). And we do intend to live permenantly in the US after this.
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

[sb85]

You may be better off speaking to the embassy or consulate about this. She may be able to get a form to exclude her from this rule. Otherwise, they will be able to advise you more on whether you can reapply for one for her.

If you are American, I cant see a problem with it, however, she's now going to be further down the preference list, and should she have to reapply, then it will more than likely be a much longer process than you have endured so far.

Best of luck!

[sb85]

Didnt see the third question. If she tries to enter on a visitor visa, she'll more than likely be refused entry for intention to stay.

Otherwise, you may have to start the GC process out of the US and then bring her in when she's granted.

[Kayalami]

(1) We're pretty sure she will lose this greencard, is this correct?

The green card is granted for permanent residence in the US. Lengthy absences from the US go against this hence PR status is considered abandoned if the GC holder is outside the US for more than 1 year. In this circumstances you may not use your GC to re-enter the US. You need a re-entry permit or a SB (returning resident) visa. Some try to get round this by visiting the US before the year mark then repeating the pattern. The Inspector at a Port of Entry will ask length of absence from US - it is an offence to lie. In any case they have a record of your absence since your GC is swiped (or where I-551 stamp A#collected) at departure and the data sent to DHS. You can apply for a re-entry permit to prove your intent to retain permanent residence. IIRC the permits are issued for a max two years but you can apply for a second one. Having a home in the US and filing taxes also act as strong evidence of your intention not to abandon residence. Are either of you employed by a US company that has sent you to France?

(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?

No one knows what the laws will be in 4 years time. If they stay as they are then it should not be a problem for you to sponsor her GC as a USC spouse. There will be hefty fees, medicals etc that need to be considered. Likewise there is the issue of inadmissibility so she has to stay on the right side of the law at all times....some crimes of inadmissibility for US immigration purposes may seem petty compared to other jurisdictions. There is also the added issue of the state of your marriage in 4 years time (sounds negative but such happens). I recommend you file for a re-entry permit. She must file for this in the US so best look into flights if this is the plan.

(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?

She can use the VWP but must carry proof of compelling ties to France or other country that will make her depart the US after her 90 day max stay. This usually means a decent paying job, property/home, family in France. That you are in France and likewise have ties there can only help her case. Entry into the US at each occassion is at the discretion of the Inspector who has final say.

Bonne chance