Maintaining green card when outside the states

[brit_la 1]

Quick background:

My husband is the USC and I'm from the UK. I had moved over there on a fiancee visa, got my temporary green card, then conditions removed at the start of this year, so I now have a 10 year green card. However he got offered a great job in the UK and we moved back over here 6 months ago. He is on a work sponsored visa here.

Now we are going back to visit for thanksgiving and I am a bit worried about what to say at the POE. Our move here isn't permanent, but we don't really know where we are going to end up and how long his job will for. I know I would technically be ok to have been out this long, but I know they won't see it this way, especially as we will be entering together and they will see his work visa.

I have had my residency for over 3 years now and should have applied for citizenship, or I should have applied for a travel permit in hindsight. It just all happened so quickly(less than two months from him getting job to moving), that I didn't really think much about my green card.

Any suggestions as to what I should say to immigration? I don't want to lie to them, but if I can hold onto my residency for a bit longer, I might be able to sort things out properly in the next few months.

I know I could technically just reapply for residency if and when we move back, but would my 3 year residency countdown start again before I could apply for citizenship?

Many thanks in advance for any advice!

[Cathi 5,639]

Yes, your countdown would start again

[Dave&Roza 748]

Quick background:

My husband is the USC and I'm from the UK. I had moved over there on a fiancee visa, got my temporary green card, then conditions removed at the start of this year, so I now have a 10 year green card. However he got offered a great job in the UK and we moved back over here 6 months ago. He is on a work sponsored visa here.

Now we are going back to visit for thanksgiving and I am a bit worried about what to say at the POE. Our move here isn't permanent, but we don't really know where we are going to end up and how long his job will for. I know I would technically be ok to have been out this long, but I know they won't see it this way, especially as we will be entering together and they will see his work visa.

I have had my residency for over 3 years now and should have applied for citizenship, or I should have applied for a travel permit in hindsight. It just all happened so quickly(less than two months from him getting job to moving), that I didn't really think much about my green card.

Any suggestions as to what I should say to immigration? I don't want to lie to them, but if I can hold onto my residency for a bit longer, I might be able to sort things out properly in the next few months.

I know I could technically just reapply for residency if and when we move back, but would my 3 year residency countdown start again before I could apply for citizenship?

Many thanks in advance for any advice!

You need to maintain your LPR status as "just re-applying for residency" is a bit more complicated as you would have to re-apply for the spousal visa all over again. Do you both still have ties to the US as this was temporary? Come back to the US and plan to stay and apply for US citizenship if that is what you want and then you can join your husband in the UK without worrying about your LPR status.

You need to have a look here to see what is required to maintain your LPR status and to be eligible for USC. You worked hard to get the GC, so you might want to keep it rather than doing something that causes you to loose your LPR status.

Good Luck,

Dave

[victorian221b 12]

Ever considered talking to someone at the US embassy in the UK? Maybe they can give you some tips regarding your LPR. I don't know if they have USCIS center in the UK, maybe try there too (not sure if there's a difference between a US embassy and an overseas USCIS service center). Good luck!

[brit_la 1]

You need to maintain your LPR status as "just re-applying for residency" is a bit more complicated as you would have to re-apply for the spousal visa all over again. Do you both still have ties to the US as this was temporary? Come back to the US and plan to stay and apply for US citizenship if that is what you want and then you can join your husband in the UK without worrying about your LPR status.

You need to have a look here to see what is required to maintain your LPR status and to be eligible for USC. You worked hard to get the GC, so you might want to keep it rather than doing something that causes you to loose your LPR status.

Good Luck,

Dave

Ahhh, I would have to do the spouse visa again? Ugh. Thanks for your advice, appreciate it.

As for this trip, what should I be saying to immigration? The truth?

[Cathi 5,639]

Ahhh, I would have to do the spouse visa again? Ugh. Thanks for your advice, appreciate it.

As for this trip, what should I be saying to immigration? The truth?

Always ALWAYS tell the truth. If you don't it will eventually come back to bite you