I'm an expat US citizen, working overseas at a foreign co. Before leaving US, I married my wife who successfully obtained a 2-yr conditional residence. Also, prior to leaving US, she obtained a reentry permit. So, it's been about a year since we came overseas.
In 3 months, we need to file a I-751 to remove condition from my wife's residency. We know this can be filed from overseas and she'll only need to travel back to the States for biometrics. Since her reentry permit will also run out, she'll need to travel back to US to file another I-131 for 2 more yrs.
Does my wife need to go back to US and file I-131 every 2 years? (And per the I-131 instruction, after 4 years, USCIS may only give 1 year thereafter) Or can she lapse and get SB-1 visa? She's only here because I'm here.
You have some excellent questions but the answers are generated by information not contained in your fact pattern. The most critical issue is why you're living abroad and how much time she has spent in the U.S. These will drive the answers on filing the I-751, the filing and re-filing of the I-131, her ability to naturalize (and thus remove immigration entanglements) as well as tax issues and abandonment issues. Best to retain counsel and fully develop the facts so a carefully considered response will help direct you accordingly.
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