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    Sep 2005
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    Default Re: Overseas Marriage, and Getting Permanent Residency For A Spouse

    Conditional permanent residency is just that - a form of permanent residency that has associated conditions. If those conditions are not met, permanent residency may be lost - in this type of case, most typically, if you divorce while the status remains conditional. (It may nonetheless be possible for the immigrant spouse to find a way to keep a Green Card, or remain in the U.S. lawfully under a visa.)

    Permanent residency is not automatic. You must apply for it. You and your spouse did not, so the only relevant date will be the date of your application.

    You can't get permanent U.S. residency unless you are a resident of the United States (or are applying in conjunction with relocating to the United States). A foreign national who is domiciled in a foreign nation is not a U.S. resident, even if married to a U.S. citizen. Her primarily living and working in a foreign nation, not to mention repeated departures for more than six months, should be expected at a minimum to reset the clock on the removal of conditions from her Green Card, and could be deemed an abandonment of her petition.

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