[love4sa]

Hi!
I am beneficiary of a green card holder on marriage base and I filed my case to uscis in July 2007,my wife(LPR)(got green card in 2004) lives in us only for 4-5 months after 2006 and goes outside us to live with me.may green card cancel or need to do something else and how long does it take to completed the process of I-130 for me.

[lawanwadee]

Bad move here..

For an LPR, process of filing petition for spouse takes about 5 years. So you have to wait until your priority date becomes current. If your wife is US citizen, it will take only a year or maybe less depending on what country you're from.

The bad news is your wife left US after 2006 until now, which is roughly one and a half year. IF she did not file I-131 for Re-Entry Permit and get approval from USCIS before she left US, her green card is already revoked.

Normally LPR should maintain residency by living in US at least 50% of the time. It's advised to stay in US at least 6 months a year. If she had an approved Re-Entry Permit, she is allowed to stay outside US for 1-2 years depending on reasons claimed on I-131.