Leaving USA before Full Residency

[Paul 0]

I wonder if anyone here can answer a question... I am originally from the UK and married to a USC and living in the US. I have had my Green Card for just under one year, but since we married just before we applied for AOS it's a conditional one.

The question is- my wife wants us to stay in the US until I can apply for citizenship so we will be free to move between the UK and the US.

But I was wondering whether it's possible to move back to the UK without having to start from scratch if we decide at a later date to move to the US again? What are the procedures for me being able to work in the US in future if we leave at this point and move to the UK?

Sorry if this is a bit vague but if anyone has any thoughts I'd love to hear them!

[Kez/JWolf 6]

If you move permanently to the UK you will be giving up your status in the US and would have to start from scratch if you wanted to return at some point in the future....

If you wait until you are a citizen you can return at anytime... just make sure you continue to file your US tax return....

Kez

[YuAndDan 153]

You would in effect be giving up residency and will have to start all over.

International Travel

A Permanent Resident of the United States can travel freely outside of the US. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card (Permanent Resident Card, Form I-551) for readmission. A reentry permit is needed for reentry for trips greater than one year but less than two years in duration.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.
  
• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  
• Fail to file income tax returns while living outside of the US for any period.
  
• Declare yourself a “nonimmigrant†on your tax returns.
  

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[John & Annie 0]

Yes to the above.

You only real option for both of you to move freely between both country's is to gain American Citizenship while maintaining the British Citizenship. Then, after being married for four years, you can apply for a spousal visa in the UK. This costs $1,000.00 and gives the USC the permanent right to leave and remain in the UK.

There are probably a ton of conditions on the UK side that I am not aware of, but that is the most efficient way to do this from my minimal research.

[MargotDarko 0]

Yes to the above.

You only real option for both of you to move freely between both country's is to gain American Citizenship while maintaining the British Citizenship. Then, after being married for four years, you can apply for a spousal visa in the UK. This costs $1,000.00 and gives the USC the permanent right to leave and remain in the UK.

There are probably a ton of conditions on the UK side that I am not aware of, but that is the most efficient way to do this from my minimal research.

The information you've given about the UK spousal visa is incorrect. The initial visa is only for two years and is called limited leave to remain. To stay longer than that, Indefinite Leave to Remain must be obtained, which is another application and payment process. I'm also not sure why you say four years - US citizenship can be gained three years after first point of entry, and a UK spousal visa can be gained the moment a couple is legally married.

Edited May 2, 2007 by MargotDarko

[Marilyn. 340]

Yes to the above.

You only real option for both of you to move freely between both country's is to gain American Citizenship while maintaining the British Citizenship. Then, after being married for four years, you can apply for a spousal visa in the UK. This costs $1,000.00 and gives the USC the permanent right to leave and remain in the UK.

There are probably a ton of conditions on the UK side that I am not aware of, but that is the most efficient way to do this from my minimal research.

The information you've given about the UK spousal visa is incorrect. The initial visa is only for two years and is called limited leave to remain. To stay longer than that, Indefinite Leave to Remain must be obtained, which is another application and payment process. I'm also not sure why you say four years - US citizenship can be gained three years after first point of entry, and a UK spousal visa can be gained the moment a couple is legally married.

actually I thought it was 3 years after becoming a permanent resident (Conditional or not), if you are married to a US citizen...

Requirements:

If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;

and

Have been married to and living with that same U.S.

citizen for the past 3 years;

and

Your spouse has been a U.S. citizen for the past 3 years.

Time as Permanent Resident: 3 years

Continuous Residence: 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer.

http://www.uscis.gov/files/article/M-476.pdf

[Boiler 43,631]

Take into account all the delay and I reckon it will be 5 years plus from date of entry to Citizenship on a K1 for me.

YMMV

[Yodrak 7]

MargotDarko,

US citizenship can be applied for - not gained - 3 years after entry, and then only if the person entered using an immigrant visa. Because, as MarilynP points out, the requirement is 3 years after gaining LPR status (and meeting a few other requirements as well).

Yodrak

..... US citizenship can be gained three years after first point of entry, .....