Moving back to UK - should I let me GC expire?

[dcp19 7]

Hey Y'all,

 

Me (UK resident on a spousal GC) and my US born wife are moving to the UK to have a baby and for various other family matters it is happening very quickly.

Problem is, I was about to renew my 2 year spousal GC to a 10 year GC, but now as we're moving I guess that's a little pointless, right? I won't be here anymore.

 

However...my concern down the line is what IF we want to move back here in 5 years time. Is it harder to reapply if you've let one expire or are they relatively cool with it if they know the circumstances?

 

[Boiler 43,857]

You file the I 407

 

Seems to make no difference if you change your mind.

[Wuozopo 4,290]

10 hours ago, dcp19 said:

Hey Y'all,

 

Me (UK resident on a spousal GC) and my US born wife are moving to the UK to have a baby and for various other family matters it is happening very quickly.

Problem is, I was about to renew my 2 year spousal GC to a 10 year GC, but now as we're moving I guess that's a little pointless, right? I won't be here anymore.

 

However...my concern down the line is what IF we want to move back here in 5 years time. Is it harder to reapply if you've let one expire or are they relatively cool with it if they know the circumstances?

 

Have you checked on the requirements for your wife to move to the UK with you immediately? And the immediate ability for her to use NHS?

[dcp19 7]

On 2/6/2020 at 6:17 PM, Boiler said:

You file the I 407

 

Seems to make no difference if you change your mind.

Aha - I did not know this form existed.  Thanks!

I've since looked it up on threads and such. Does it give me some kind paper trail for future re-applications so that USCIS see I did things the formal way?

I just want to make sure they know that I'm still married and this is just to do with moving to another country together - not the end of the marriage.

[dcp19 7]

On 2/7/2020 at 4:43 AM, Wuozopo said:

Have you checked on the requirements for your wife to move to the UK with you immediately? And the immediate ability for her to use NHS?

Accordingly to our UK lawyer - she'll qualify for everything once all the NHS fees are paid up. It's pretty standard affair and there are no exemptions if you're expecting a child. 

[Boiler 43,857]

Not so much the formal way but if in future you apply for another GC then they will want to see that the current one has been properly abandoned.

[dcp19 7]

2 minutes ago, Boiler said:

Not so much the formal way but if in future you apply for another GC then they will want to see that the current one has been properly abandoned.

Great - Thanks for the swift reply! Hurts a bit to give it up but....that's life! 

[Wuozopo 4,290]

1 hour ago, dcp19 said:

Great - Thanks for the swift reply! Hurts a bit to give it up but....that's life! 

Is your intention to permanently live in the U.K.? There are ways to extend your stay abroad and return without abandoning your greencard. My friend had to go back to the UK to care for her seriously ill and dying Mum. It lasted much longer than expected, more than 2:5 years. She was able to return without starting over.

Edited February 8, 2020 by Wuozopo

[dcp19 7]

6 hours ago, Wuozopo said:

Is your intention to permanently live in the U.K.? There are ways to extend your stay abroad and return without abandoning your greencard. My friend had to go back to the UK to care for her seriously ill and dying Mum. It lasted much longer than expected, more than 2:5 years. She was able to return without starting over.

It's for at least the next 2-5 years. My mother and father's health isn't great either and we figure it's good time to rally around the family and have our baby also. I'd be intrigued how to retain my Permanent Resident status whilst not technically being based in the US. If there's a way around it I'd be open to the thought.

[Just Paul 4,591]

24 minutes ago, dcp19 said:

I'd be intrigued how to retain my Permanent Resident status whilst not technically being based in the US

If you were only going to be out of the US for two years you could do a re entry permit.

[Lil bear 3,878]

2 minutes ago, Paul & Mary said:

If you were only going to be out of the US for two years you could do a re entry permit.

Reentry permit can be issued a second time , giving a maximum of  4 years out 

[Wuozopo 4,290]

41 minutes ago, dcp19 said:

It's for at least the next 2-5 years. My mother and father's health isn't great either and we figure it's good time to rally around the family and have our baby also. I'd be intrigued how to retain my Permanent Resident status whilst not technically being based in the US. If there's a way around it I'd be open to the thought.

Read USCIS https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

My friend got the returning resident visa after her Mum passed. 

 

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.

Edited February 9, 2020 by Wuozopo

[dcp19 7]

7 minutes ago, Lil bear said:

Reentry permit can be issued a second time , giving a maximum of  4 years out 

This is interesting. Again, news to me. If the option was available for a ReEntry Permit was granted for 4 or even 5 year hiatus then I would be very tempted in applying for that.

How does that work when we want to pop back to visit US family etc? It doesn't  mean you HAVE to stay out of the country for that entire period does it?

[Wuozopo 4,290]

1 minute ago, dcp19 said:

This is interesting. Again, news to me. If the option was available for a ReEntry Permit was granted for 4 or even 5 year hiatus then I would be very tempted in applying for that.

How does that work when we want to pop back to visit US family etc? It doesn't  mean you HAVE to stay out of the country for that entire period does it?

If you formally abandon your greencard, then you use ESTA. If you keep your greencard (just in case the wife regrets the move), then you use the greencard if you pop in often enough.  It was just a suggestion to not burn your bridges immediately if this is not a set in stone permanent move. 
 

You will need to remove conditions so not sure how that will work. Curious why your spouse wants to have a baby away from her family. Has she ever been to a NHS clinic? 😂 Sorry, just making a NHS joke. My wife saw a NHS dentist on an emergency visit and was appalled. 

[dcp19 7]

1 minute ago, Wuozopo said:

If you formally abandon your greencard, then you use ESTA. If you keep your greencard (just in case the wife regrets the move), then you use the greencard if you pop in often enough.  It was just a suggestion to not burn your bridges immediately if this is not a set in stone permanent move. 
 

You will need to remove conditions so not sure how that will work. Curious why your spouse wants to have a baby away from her family. Has she ever been to a NHS clinic? 😂 Sorry, just making a NHS joke. My wife saw a NHS dentist on an emergency visit and was appalled. 

Well aware of not wanting to burn bridges hence me reaching out on here to canvas opinion. We are not taking the decision lightly.