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  1. #1
    Join Date
    Apr 2009
    Posts
    4

    Default Marriage Based Visa, Need to Leave Country - Is it Possible?

    Thank you for reading & helping me w/ this issue.

    I am a US citizen, and married to an Indian Citizen. We applied for his green card in March 2008, and got approved in June 2008. Since then we moved to US in December 2009. It has been only 5 months now, and due to personal reason we have to go back to India and do not know when we will be back. Currently,my husband is one the 2 year conditional green card which expires in June 2010. The conditional green card is on restriction due to marraiage purpose, we both would be going to India for approx 2 year. In mean time, when the conditional expires can we file for the permanent green card (10 years) while living out of the country?

    Thank you

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Marriage Based Visa, Need to Leave Country - Is it Possible?

    Read this. As a general rule, his proposed absence is inconsistent with maintaiing permanent residency. I suggest that you consult an immigration lawyer and formulate a plan that might allow you to avoid starting over with the permanent residency process.

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