My wife has a Green Card, but currently lives abroad. What must she do to maintain her Green Card status?

I am a US citizen living and working in China. My Chinese wife now has a Green Card. Because of our business in China we do not plan to return immediately to the USA to take up permament residency until I retire in several years. What steps should be taken to assure that her current Green Card status is not revoked?|||She should give up her green card. Returning once a year will not guarantee that she will keep it. The INS people have been know to confiscate green cards on entry to the US if they think you are living abroad. Once she has been out for over two years, that is pretty much it - she loses permanent residency here.|||She must enter the United States at least every 11 months and 28 days. If she is out of the US more than 1year but less than 2 unless an excellent reason exists then she looses it. If 2 years or more then it has been lost.|||Permanent residents who leave the United States for extended periods, or who cannot show their intent to live permanently in the U.S., may lose their permanent resident status. If you think you will be out of the U.S. for more than 12 months, you should apply for a re-entry permit before leaving the country. You should file Form I-131, Application for a Travel Document. A re-entry permit is valid for up to 2 years and shows that you are returning from a temporary visit abroad. You may show the re-entry permit at a port of entry.





Form I-131 and instructions are available at http://uscis.gov/graphics/formsfee/forms/i-131.htm or by calling the USCIS Forms Line at 1-800-870-3676. You must pay a fee to file Form I-131.





If you are not able to return to the U.S. before your re-entry permit expires or you did not apply for a re-entry permit before leaving the U.S. and have been outside the U.S. for more than 12 months, you may be able to get a special immigrant Returning Resident (SB-1) visa overseas from the Department of State. There are special requirements for this visa. Visit http://www.state.gov or your nearest Department of State Consular Office overseas for more information.





File Tax Returns


As a permanent resident, you must file income tax returns and report your income to the Internal Revenue Service (IRS) and your state, city, or local tax department, if required. If you do not file income tax returns while living outside of the U.S. for any length of time, or if you say that you are a “non-immigrant” on your tax returns, the U.S. government may decide that you have given up your permanent resident status.