Immigration Issues/2 green card to IR1
I received my CR1 visa in Canton, China. I enter in the US 2006. 7. I was issued a 2-year green card last Jul. Now I won't be able to return to the US within 1 year. I know I can't stay out of the US for more than 1 year. My question is: My husband and I being married for two years since Feb 2007. If I can't return to the US this Jul, can we apply for IR1 after Jul through Canton immigration office in China? or I have to wait till my green card expires at Jul 2008? Thanks
You can go into Canton Office and file I-407 to withdraw your permanent residence and then you can apply for new I-130 and get IR status after July, since you will be married for more than 2 years. They will expect a lot of marraige evidence and an explanation why you did not return for more than a year and abandoned your residence.