WIFE LEFT USA WITH OUT REENTRY PERMIT.

[THEWRATH_83]

My wife is Korean and has a green card. She recently left the USA before getting a re-entry permit. I know she can stay gone for a year before having been considered to abandon her PR.

Im a US service member. The reason she went back to Korea is because Im deploying to serve this country. I have read that the one year time frame doesnt apply to spouse of the armed services. Does this apply in my situation or does my wife have to be in the same place as me.

If it does apply what documention would she need to reenter after one year.
If it doesnt apply then what steps will she have to take to reenter.

It says that the reentry permit has to be done in the US because of the bio-metrics. Is the any way to by pass doing them in the US and doing the BIO's at a US embassy instead.

If all that isnt possible would the last option be a 131 form? Returning resident visa is what i think its called. Would the fact that I am deployed be good enough proof that she had to stay in Korea for more than a year.

Another thing. She is a conditional resident. From my understanding we both have to be present to remove this status. Is there anyway to extend this due to the fact that I wont be able to be present for the petition.
Can the petition be done at the Us Embassy aboard or does this also have to take place in the US?

[Marco 72]

If you work for the US government and are stationed abroad, your wife can apply for US citizenship right now, without having to worry about extending her green card. See here or here.

In any case, it's not necessarily true that being outside the US for over one year results in abandonment of PR status.

[THEWRATH_83]

At this time im still in the us. im not going to be stationed were my my wife is. So, I dont think I can qualify for the expedient nat.

The only concern I really have is if my wife will be able to come back into the US after the one year or not.

And also how to remove the CR status on the green card?
Can that only be done from the US or can it be done at an embassy?
Do we both have to be present for it?
If I can be present due to the fact that Im deployed is there any form to extend the status untill Im able to be present.

How does the rule work for spouse of US service member work. The one that states the one year returning window doesnt apply if the service member is stationed abroad. What quiflies as abroad and do we both have to be togeather?

[joesoap101]

Im not sure why your wife left the US but you are taking big risks because she is a conditional resident. Is it not a requirement that you live as husband and wife at the same address to have conditional residence removed and granted permanent residence? In this case you wont be able to do that.

[Marco 72]

And also how to remove the CR status on the green card? Can that only be done from the US or can it be done at an embassy?

I don't know, sorry. You can try asking in this forum. It seems to have many regular posters who know a lot about US immigration law.

[darko]

Im not sure why your wife left the US but you are taking big risks because she is a conditional resident. Is it not a requirement that you live as husband and wife at the same address to have conditional residence removed and granted permanent residence? In this case you wont be able to do that.

I don't think there is such a requirement. Some couples temporarily live separately for education/work/military purposes: does not mean their marriage is not in good faith.