Once I have my passport back with the green card, am I able to travel to the US on holiday whilst I am working my work notice period in the UK?

[Bob Fleming 2]

Good afternoon

 

As the subject title explains, I am on a 12 week work notice period in the UK, so once I have had my US embassy interview and I get approval (fingers crossed), rather than wait the 12 week notice period before I enter the US with my new green card, am I able to enter the US and go through the green card formalities whilst I am still working, only to return to the UK a week later to continue my work notice period?  I have read in some quarters that this is very much frowned upon and that US border control would find this very odd, but I have also read that this is absolutely fine as long as you're not out of the country for any longer than 12 months.  At the point that I was intending to visit the US I would only have circa 8 weeks left to work in the UK, and I would be able to prove that through an e-mail from my employer, but what is the general consensus on this?

[JeanneAdil 7,022]

passport has visa in it and the i 551 stamp which acts as temp green card/ actual green card is issued after fee is paid to USCIS and you arrive in USA

 

I know a person should not "burn the bridges behind him"  but why are you worried about that job and not just leave as you'll now live in the US?

[Bob Fleming 2]

22 minutes ago, JeanneAdil said:

passport has visa in it and the i 551 stamp which acts as temp green card/ actual green card is issued after fee is paid to USCIS and you arrive in USA

 

I know a person should not "burn the bridges behind him"  but why are you worried about that job and not just leave as you'll now live in the US?

Apologies, but I'm not sure what that means.  So is it possible to come in to the US, go through the green formalities at the port of entry, and then fly back to the UK after a week to continue my notice period?

 

In the UK, work notice periods are legally enforceable and are not courtesies, such as in the US, so I would be breaking the law in the UK if I was to just up and leave.

Edited Tuesday at 12:20 PM by Bob Fleming

[appleblossom 4,137]

Just now, Bob Fleming said:

Apologies, but I'm not sure what that means.  So is it possible to come in to the US, go through the green formalities at the port of entry, and then fly back to the UK after a week to continue my notice period?

 

In the UK, work notice periods are legally enforceable and are not courtesies, such as in the US, so I would be breaking the law in the UK if I was to just up and leave.

 

Yes, you can absolutely do that. You only get 6 months from the date of your medical to enter the US on your immigrant visa, so lots of people do that and then return home to wrap things up. 

 

You'll be asked for your address in the US when you arrive, but probably won't even be asked how long you'll be staying (I certainly wasn't).

[Bob Fleming 2]

24 minutes ago, appleblossom said:

 

Yes, you can absolutely do that. You only get 6 months from the date of your medical to enter the US on your immigrant visa, so lots of people do that and then return home to wrap things up. 

 

You'll be asked for your address in the US when you arrive, but probably won't even be asked how long you'll be staying (I certainly wasn't).

Thank you very much for your fast reply.  That's very useful.

[mam521 2,463]

Just remember, when you activate that greencard, you are subject to US income tax on your worldwide income, so if you have a property in the UK that you are selling, any profit becomes taxable, etc, even though you're returning to the UK for a period before moving permanently.  

[Bob Fleming 2]

8 minutes ago, mam521 said:

Just remember, when you activate that greencard, you are subject to US income tax on your worldwide income, so if you have a property in the UK that you are selling, any profit becomes taxable, etc, even though you're returning to the UK for a period before moving permanently.  

Thanks for info.  From what I've read you can exclude any overseas income up to US$130,000 equivalent, which definitely excludes me!  Unless I have misread the law?

[NorthByNorthwest 446]

56 minutes ago, Bob Fleming said:

Thanks for info.  From what I've read you can exclude any overseas income up to US$130,000 equivalent, which definitely excludes me!  Unless I have misread the law?

 

The foreign income exclusion only applies if you are living outside the US for the whole tax year and will not be applicable for you. However for your first mixed year you'll be able to claim credits on taxes paid in the UK so you don't pay double taxes on that income. Depending on your situation you may definitely want to work with a tax professional for the first year.

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion

[Crazy Cat 44,111]

1 hour ago, NorthByNorthwest said:

Depending on your situation you may definitely want to work with a tax professional for the first year.

^^^^^  I also recommend this^^^^^  There are several factors which come into play when deciding things such as whether to file US taxes separately or jointly. 

[JD2 122]

8 hours ago, Bob Fleming said:

is it possible to come in to the US, go through the green formalities at the port of entry, and then fly back to the UK after a week to continue my notice period?

Yes.  My spouse traveled on an endorsed CR-1 after briefly being in the USA.  One thing I'd give you a heads up about:  when my spouse entered, they stopped physically stamping the CR-1 visas.  They "digitally endorsed" it apparently.  But, on the return flight back to the US after her 1 month trip abroad, United counter agents did not know about that so gave a hard time.  They asked for proof that spouse had entered the US on a CR-1.  Luckily spouse was able to show original flight ticket arriving in USA, departing ticket, SSN card, and driver's license (with recent issue date).  Try your best to ask for a physical stamp on the CR-1 and if they don't give it to you, make sure you collect SSN, drivers license, etc. to prove you entered on the CR-1.  United airline gave issues but CBP was a breeze.

[Crazy Cat 44,111]

2 minutes ago, JD2 said:

when my spouse entered, they stopped physically stamping the CR-1 visas.

That is an issue with certain CBP agents.  They must endorse all immigrant visas.  They are supposed to stop stamping visitor visas, but you are right.  It is extremely important that they place a physical endorsement in an immigrant visa.

[WeekendPizzaiolo 84]

13 hours ago, Bob Fleming said:

Apologies, but I'm not sure what that means.  So is it possible to come in to the US, go through the green formalities at the port of entry, and then fly back to the UK after a week to continue my notice period?

 

In the UK, work notice periods are legally enforceable and are not courtesies, such as in the US, so I would be breaking the law in the UK if I was to just up and leave.

As a US citizen who used to work in the UK on a visa, I remember those lengthy notice periods -- mine was 3 months! My understanding is that "resignation with immediate effect" is often a breach of contract and that a UK employer could sue for damages from the financial effects that results from one's sudden departure. The flipside is all UK employees get 5.6 weeks mandatory paid vacation regardless of the job and one could sue for burnout. Some UK employment contracts allow employers to give "garden leave" after an employee's resignation, which could be served in the US, but then the employer would be giving "free money" to the resigning employee.

[Ryan H 3,870]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.