Asked in Immigration Law for Pennsylvania

Q: My wife's entry visa for permanent resident status was granted in 10-2010.

We will enter the US AFTER our 2nd wedding anniversary 01-2011. Are we able to file the joint petition to remove conditional basis once we are inside the US, or do we still have to wait for the 2 year conditional period to run before filing the I-751?

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1 Lawyer Answer
Joshua L. Goldstein
Joshua L. Goldstein
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You may have a serious problem--and it's not the I-751. Permanent residents are required by law to "establish residency" in the U.S. or risk losing their green card through abandonment. If your wife is a permanent resident, she can't live abroad without possibly violating the residency requirement. Consult with a lawyer immediately!

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