Moving to the UK before my husband becomes a citizen

[aaron2020 11,651]

I would have thought you would be eligible for a 10 year green card soon, through which you can move in and out of the USA? correct me if I am wrong (by no means am I authority on this) It was something I read about a while back.

With a 10 year green card, surely he can move to the UK for a while and then come back and live in the US later on?

Hi,

Having a green card does not mean a person can move in and out of the USA without limits. If a green card holder is not making the USA his/her home, then the person can lose his status.

A green card holder must do certain things to keep his/her status. Furthermore, certain acts can put that status at risk.

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

Abandoning Permanent Resident Status

You may also lose your permanent resident status by intentionally abandoning it. You may be found to have abandoned your status if you:

• Move to another country, intending to live there permanently.
• Remain outside of the United States for an extended period of time, unless you intended this to be a temporary absence, as shown by:
  • The reason for your trip;
  • How long you intended to be absent from the United States;
  • Any other circumstances of your absence; and
  • Any events that may have prolonged your absence.
  • Note: Obtaining a re-entry permit from USCIS before you leave, or a returning resident visa (SB-1) from a U.S. consulate while abroad, may assist you in showing that you intended only a temporary absence.
• Fail to file income tax returns while living outside of the United States for any period.
• Declare yourself a “nonimmigrant” on your U.S. tax returns.

[killercat 2]

I just wanted to point out that if your husband decides to become a USC and move back to the UK he would be required to file, but unlikely to pay anything as any taxes paid in the UK would count as equivalent to what was to be paid. And no, you are not taxed on the first $95k of what is earned abroad even if you do not pay taxes in the foreign country.

If you do decide to move to the UK just be aware after 2 years you will need to take the Life in the UK test and apply for indefinite leave to remain. I did it and it was easy, but I did have to study as it has weird questions about slang terms not native to my UK region. On the plus side you won't have to refile for the visa every 10 years