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Posted

My wife (Thai) moved to the US 2 1/2 years ago now and we were married here shortly after. She came over on a Fiance Visa and then applied (DS-156) for and got the 2 year temporary green card.

Recently we have applied(I-751) for her permanent green card, and are waiting for that to be processed.

We just received a letter from USCIS that is asking for us to send in her green card that she has now, the one with conditional status (2 year).

The problem is we are planning to move to Thailand before she will receive the new permanent green card.

What are the rules and regs about living out of the country and having a green card. We don't plan to live there indefinitely, and will make trip(s) to the US every year.

Can we move to Thailand before she is approved for the Green card? Should we use my families address to correspond with the USCIS or our Thai address?

Thanks for your help.

Posted

Maintaining Permanent Residence

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 AND 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.

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