I am a green-card holder (wife is American) but I have been out of USA most of the time since I got the card, as my wife is a student outside of the USA. She has another 2 years to go of her studies.
When I was recently in the USA I learnt that the fact she's a student may not be enough of a reason for me not being in the USA now (even though I file tax returns, have a drivers' license there etc), so I could be deemed to have abandoned my permanent residency status. However, we do fully intend to move back as soon as her studies are over and I don't consider myself to have abandoned residency.
I couldn't file a re-entry permit on a recent visit, as my green card is still conditional and would run out well before the re-entry permit, so it would be pointless.
I was told by an immigration officer that a transportation letter from the local embassy may help? But isn't that just for those whose green card is mutilated or lost?
I was also told to consider a returning resident visa. But would I be eligible for a returning resident visa on the grounds that I had to wait until my wife finished her studies? Is that enough of a reason for such a visa to be granted?
Thank you.
When I was recently in the USA I learnt that the fact she's a student may not be enough of a reason for me not being in the USA now (even though I file tax returns, have a drivers' license there etc), so I could be deemed to have abandoned my permanent residency status. However, we do fully intend to move back as soon as her studies are over and I don't consider myself to have abandoned residency.
I couldn't file a re-entry permit on a recent visit, as my green card is still conditional and would run out well before the re-entry permit, so it would be pointless.
I was told by an immigration officer that a transportation letter from the local embassy may help? But isn't that just for those whose green card is mutilated or lost?
I was also told to consider a returning resident visa. But would I be eligible for a returning resident visa on the grounds that I had to wait until my wife finished her studies? Is that enough of a reason for such a visa to be granted?
Thank you.