Retaining Green card of my wife

[need_b2]

Hello My wife is in India for last ten months with our 3 yrs old son.
I am living in USA. Both of us GC holders and son is USC.
We are having marital issues and trying to re-unite.
I think/hope/guess it is going to take another three months to resolve issues before my wife would want to come back to US.

In the meantime I am trying to see what I could do to make sure if/when she comes back she could be allowed to enter the US.

Can I apply for her re-entry permit?

Any suggestions are appreciated.

Thanks

[rayb]

The Reentry Permit must be applied for before one leaves the U.S.

If your wife reenters after she has been out a year or longer, it becomes a discretionary issue whether she will be allowed entry.

--Ray B

Hello My wife is in India for last ten months with our 3 yrs old son.
I am living in USA. Both of us GC holders and son is USC.
We are having marital issues and trying to re-unite.
I think/hope/guess it is going to take another three months to resolve issues before my wife would want to come back to US.

In the meantime I am trying to see what I could do to make sure if/when she comes back she could be allowed to enter the US.

Can I apply for her re-entry permit?

Any suggestions are appreciated.

Thanks

[need_b2]

Thanks Ray B for your answer.
In case she is not allowed to enter the US then what other option she would have to enter at that time?
Would she have to apply for a visitor visa?

[rayb]

She could apply for a visitor visa, but approval might be denied since she has every reason to be using the visa to counter abandonment of her Green Card status and use the visa with intent to immigrate.

--Ray B

Thanks Ray B for your answer.
In case she is not allowed to enter the US then what other option she would have to enter at that time?
Would she have to apply for a visitor visa?

[need_b2]

Thanks again. So it sounds like I have no option to be proactive and do something about making it possible for her to come back to US??

[rayb]

Right now she has an option, and that is to return to the U.S. before she has been out an entire year. You need to make this clear to her, so that the decision to stay out a year or longer is her decision.

-Ray B

Thanks again. So it sounds like I have no option to be proactive and do something about making it possible for her to come back to US??