Need a re-entry permit at all?

[thegarrett]

I am going to school in Japan for 1 1/2 years, but will be returning to the US every 3-5 months and staying for 2 -4 weeks. I intent to return to the US after completion of course. Do I even need to apply for a re-entry permit? My spouse (who's US citizen) will continue to reside in our property, and we intend to continue to file jointly for our taxes.

[JoeF]

You don't need to, but it is a good idea to have a reentry permit, anyway.
The reason is that with so much travel, they may suspect that you abandoned your residency. Possession of a reentry permit is considered a good indication that you did not abandon your residency.

[thegarrett]

more questions

Thanks for the info. Incidentally, I have not received my actual plastic green card. I am supposed to receive it by end of the year, but I am leaving for school in mid-Sept. Should I go ahead and apply for the re-entry permit now or wait till I get the actual card and apply when I am back in December? How long does it take to process the re-entry permit?

[JoeF]

Re: more questions

You don't need to wait for the card. The stamp in the passport has the same legal value.
Processing of a re-entry permit takes quite long nowadays. 8-10 months are not unusual.

[thegarrett]

More questions

My situation has changed a little since the last posting. Seems that I will only be returning to the States every 3 months for about 1 week. I have applied for the re-entry permit, but with the long wait of 8-10 months, do I need to apply for the SB-1 visa since I am leaving US this coming Sept?

[JoeF]

Re: More questions

Huh? The SB-1 visa is only for people who have lost the GC, and who wish to come back to the US. It requires evidence that the prolonged stay abroad was caused by reasons beyond the person's control.

[thegarrett]

Next steps?

Sorry, if I caused any confusion. Seems like I don't need a SB-1, but what do you think I should do to make sure I don't get into any trouble while traveling back and forth the country. Once again, I will only be returning to the States every 3 months for about 1 week. I have applied for the re-entry permit, but with the long wait of 8-10 months, is there anything else I should do before I leave the country in Sept.