Received GC -staying out of country for more than a year

[bha_ma_2022]

Hi - Me and my husband have received the GC in June last month. Currently my husband is in US and i am in India because of family medical issue.

Q1 - Husband in US - My husband wants to be in India with family for at least a year. What is his option? Can he apply for re-entry permit from US and travel to India for a year?
Q2 - Wife in India -- My last entry to US from India was dec 2021.
1. If i want to keep my GC alive, what is my option -- I cant apply for re-entry permit as i am outside US - correct?
2. Can I apply for SB1 returning resident visa?
3. Do I have to make at least 1 travel before applying for SB1 returning resident visa to US (on the green card)?

Appreciate your inputs. Thanks!

[Kudla]

Hi - Me and my husband have received the GC in June last month. Currently my husband is in US and i am in India because of family medical issue.

Q1 - Husband in US - My husband wants to be in India with family for at least a year. What is his option? Can he apply for re-entry permit from US and travel to India for a year?
Q2 - Wife in India -- My last entry to US from India was dec 2021.
1. If i want to keep my GC alive, what is my option -- I cant apply for re-entry permit as i am outside US - correct?
2. Can I apply for SB1 returning resident visa?
3. Do I have to make at least 1 travel before applying for SB1 returning resident visa to US (on the green card)?

Appreciate your inputs. Thanks!

For Q1: He can apply for re-enrty permit and should travel ONLY after his biometrics are captured/waived at USCIS.
For Q2: You should be in states to apply for re-entry permit.

[Dx134]

I have 0 personal experience with returning resident visas and reentry permits, but based on what I heard from others here, yes, you can apply for SB1, but you'll be rejected unless you have an absolutely unforeseen, rock-solid reason for not being able to get a reentry permit while in the US and/or travel back to the US in 1 year. Maybe someone else has better news for you on getting an SB1 visa but it seems to me that a reentry permit is a much safer bet.

[Mike E]

Hi - Me and my husband have received the GC in June last month. Currently my husband is in US and i am in India because of family medical issue.

Q1 - Husband in US - My husband wants to be in India with family for at least a year. What is his option? Can he apply for re-entry permit from US and travel to India for a year?
Q2 - Wife in India -- My last entry to US from India was dec 2021.
1. If i want to keep my GC alive, what is my option -- I cant apply for re-entry permit as i am outside US - correct?
2. Can I apply for SB1 returning resident visa?
3. Do I have to make at least 1 travel before applying for SB1 returning resident visa to US (on the green card)?

Appreciate your inputs. Thanks!

A1 - he needs to file I-131

A2

1. you need to come back to the USA immediately. Refuse to sign I-407. If you are admitted as a returning resident file I-131 and leave. If you are admitted as an arriving alien, you are in trouble and need to hire an immigration attorney.

2. once you have been absent one year you can try. I don’t see any grounds for approval.

3. You have to be outside the USA to file SB-1.