brit_la

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?

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!

Adding Brit_la to the list

California Service Center (9 applicants)

VJName............Date of I-751.....NOA1 Date.....Biometrics.....Approved.....GC Received

KAYLALINN...........07/02/12........07/03/12......07/24/12.......--/--/--.....--/--/--...(Early Bio 07/13)

SEAN JOHN...........07/02/12........07/06/12......--/--/12.......--/--/--.....--/--/--...

SOM2199.............07/02/12........07/06/12......--/--/12.......--/--/--.....--/--/--...

MARIO&CATH..........07/03/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

LEOLALIT............07/06/12........07/09/12......--/--/12.......--/--/--.....--/--/--...

FRAFRI..............07/09/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

APP-GIRL............07/09/12........07/12/12......--/--/12.......--/--/--.....--/--/--...

BRIT_LA..............07/09/12........07/11/12......--/--/--.......--/--/--......--/--/--.......

SSS8380.............07/11/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

DEEPDAWG............07/13/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

Vermont Service Center (5 applicants)

VJName............Date of I-751.....NOA1 Date.....Biometrics.....Approved.....GC Received

KRYS & NOVA.........07/02/12........07/06/12......--/--/12.......--/--/--.....--/--/--...

ANCKUTZA............07/03/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

MOMOV31.............07/05/12........07/10/12......--/--/12.......--/--/--.....--/--/--...

RYANNTANYA..........07/06/12........07/09/12......--/--/12.......--/--/--.....--/--/--...

DES LOVES CINDY.....07/08/12........--/--/12......--/--/12.......--/--/--.....--/--/--...

IMPORTANT!

* Make sure that your VJ Text Editor setting is set to Rich Text Editor.

* Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.

* Please DO NOT change the font, font size, add colors, stuff like that.

* Please PREVIEW before posting to make sure it is properly formatted.

* Please check that you have not deleted anyone's NAME & DATA.

Date of I-751 = The Date you sent your application

NOA Date = The Receipt Date on your original NOA letter

Biometrics = The Date of your biometrics appointment

Approved = The Date your case was approved

* Please Capitalize your VJ Name when adding it to the list.

* When you're on this list, please come back to update your information accordingly.

* If you cannot add your information yourself, please ask another VJ member to help you do so.

After you file for ROC you will get a receipt notice (it looks like an NOA1). The receipt notice will automatically extend your green card by (1) year.

When you travel you need to carry your green card (and) your extension notice (receipt notice). Don't leave without the notice. Dont lose it during your trip.

Have a safe trip!

Awesome, thank you so much for your quick and helpful response!

I know this has probably been asked before, but I couldnt see anything lately. Im filing this week to remove my conditions, my green card expires in September. We are planning on traveling back to the UK for christmas and I know that the new green card wont be done by then. So, to travel, do I need to do anything else, like file for a travel permit like when I did my AOS? Or is this something that will be valid until I get my new one? I just need to know if there is anything additional I need to do when I file this week.

Thanks!

I lived in UK all my life. But do have and not proud of a few unpaid debts that were chasing me, now not a huge amount of money around 2k mark, anyway was working fulltime and if you leave the UK u can apply for a tax rebate unfortunately I Left on May 17th of this year so only got what I qualified for since the new Tax year starting April 5th. Have no worries Inland Revenue have no business in ur debts and it certainly wont make a difference, I claimed my Tax back and got a refund within 2 months of filing as I felt I had earned this money and was entiled to the rebate. Regards returning to UK maybe u should inform them that you are leaving as you say you may have intentions of returning and possibly working there again some day.. Just keeps all above board. Good Luck my VJ friend xxxzx

Thank you so much for your reply! This has put me at ease and I will get on and let them know, probably with a letter explaining my lateness. You told me what I needed to hear, that they have no business elsewhere in your finances, so thats great. I would rather keep things above board like you said!

Thank you and good luck to you too x

quite a few year ago i was working self employed and i ummm 'forgot' to pay any tax on my earnings. when i started working for an employer and paying tax again about 12 month later i got a letter from the inland revenue asking what id been doing for the last 12 month and i just replied saying that i had been living abroad and that was the last i heard of it. you could tell them just to be sure but it wont cause any problems if you decide to move back

This is very reassuring to hear, thank you for sharing. Im going to let them know and keep things good my end.

Thank you!

I need some advice/opinions on this topic. I left the UK in March 2010 and didn't inform the tax office. Does anyone think this will be a major issue for me if I return to the UK in the future? I only recently thought of this, as me and my husband have been talking about the possiblity and I was doing some searches, and this topic came up. He thinks it must be ok, as I worked until the end of the tax year and I don't owe them anything and I'm sure they dont owe me anything. Im just worried as I read somewhere that, when someone returned, they were lumped with a big tax/NI payment, as they didn't believe they had been living out of the country.

The only reason I didn't do it before, is that I still have debt in the UK and I'm paying it off from over here slowly. I had this thought that HM revenue would inform my bank or credit cards or something like that, and they would try and make me pay it all off before I left (probably a crazy thought)

Any advice appreciated!

Thanks! And as for missing the British food, so is Phill! He said the biggest thing he misses from home is the GOOD cheese! lol!

By the way, if any of you have a store called World Market nearby, you might wanna check it out! Ours is an hour away, but they sell foods from all around the world. They have a British selection, it's not huge and it is a bit pricey, but at least Phill gets his fix of HP Sauce and Devon custard. lol

Oh good cheese, definitely miss that, but we have Trader Joes out here in Cali, they sell some good cheeses from around the world, including English Chedder, made in England! Its a shame they dont have more stores across the states.

I have been to World Market and I got very excited by the random british food selection. Its funny, they are things I probably wouldnt eat at home, but because I recognise them, I get all happy and want them

Yes I went for my biometrics on Tuesday so still waiting. I havent heard anything yet except a touch the day after.

I had a look online for Fresh & Easy apparently they're just on the West Coast grrr. But I have found a few good things in whole foods - bake your own bread and crumpets mmmm! They're quite reasonable too. Oh, I saw some Indian sauces in my local A&P, but they're quite expensive. I have my family back home ready to send me a big package for christmas. Can't do without a xmas pudding!!

Enjoy settling in. Good luck on the job front. What field are you looking for?

Oh thats a shame. The nearest Whole Foods to me is about 30 miles away, so I dont go there too often, might have to go check out that breat though! Yea, Ive decided im going to have to learn how to cook properly now im here. Im going to try doing yorkshire puddings one of these days, dont think think im going to find any in the freezer aisle here!

Turns out, I got offered a job on friday, cant believe it! Im going to be working at a local tiny airport, I used to work at heathrow, so its kind of the same field, just a tiny bit smaller!

Woohoo congrats! It's amazing how quick it went wasn't it?! Phill has found a few jobs online, so tomorrow he's going to go pick up some applications. He's hoping to get something really soon!

Thank you! Fingers crossed for him, its really tough just even getting through the application stage out here. So many people looking for jobs! Hope he gets something soon

Huge Congrats! And no interview? Whoo hoo! I had my biometrics the other day so we're just sitting tight now waiting... hope we get transferred to CSC too!

Glad you had a great time back home! Ahh I miss the food!

Yea, I was shocked that it went through so quickly, thought it was a longer wait without an interview. I wasnt that bothered about how long the green card took anyway, once I had the EAD and AP, I was happy! Fingers crossed for you. Are you going to try a walk in for your biometrics? I did, as it was so close to where I live, and it sped up the process for me anyway, the EAD and Ap got approved 3 days after what would have been, my scheduled appointment.

The food is definitely what I miss the most being here! So I did gorge on goodies when I was home

Do you have Fresh and Easy supermarket on the East coast? Apparently it is owned by Tescos. I went in there the other day and they sell all kinds of english goodies, marmite, indian sauces and even, salad cream! And not too expensive!

Woohoo, my green card was approved today

It only took just under 3 months from when I sent off the AOS packet and, I only recieved my EAD about 2 weeks ago. So the green card approval seems to have gone really quickly. So happy Im done now for 2 years!

I just got back from a trip back home, was so nice to get down the pubs and eat some proper home food! But now its back to this 90 degree weather, and finding a job!

Good luck to everyone else who is still waiting or applying, it felt like forever waiting for this approval, but Ive been really quite lucky now its gone through looking back on it now.

I have just returned from my trip back home using my travel authorisation (fun at immigration on the way in on Saturday) EAD was recieved last week when I was away and I have just received email from USCIS, my green card has been approved and is in production, so happy

It all moved so quickly in the end, but im still trying to find a job

Thanks everyone for your help and support on this forum, couldnt have done it with out you.

Good luck to you all, fingers crossed lots of approvals soon

All you should need is your passport, copy of the marriage license, and two copies of the AP document.

Thankyou very much! Thats what I needed to hear!

Not to worry.... they're supposed to do that. They'll give you a new one when you return. Your old one would have expired and you aren't going to need it, anyway. When you re-enter the US at the POE they'll send you to Secondary so they can process you through. They'll keep one copy of the AP and return the other one stamped and dated. Then they'll put a new I-94 in your passport with a date which corresponds with the end date on your AP. The same happened during my travels. It's all good.

Thanks! This has put my mind at ease. I did want to know if I would need it again and you answered that for me. And thank you for letting me know that I will go to secondary, I wouldnt have even thought about having to go through that and would have panicked when I returned! You say that they keep a copy, I was wondering about this. Mine is approved for multiple entries(not that I think I will be using it again), do they still retain one if thats the case? No biggie if you dont know.

Thanks so much for your help

Don't panic!

I don't know all of the K-1 AOS rules, but my husband did travel on AP, so I will share his experience. We called CPB and they advised us to keep our original I-94 and not give it back, and we presented the airline with a letter stating such. (The airline didn't care about our letter or the I-94 much ) On reentry, he got another I-94 with a "Paroled" stamp on it.

At our interview, the IO took out the "Paroled" I-94 but I thought I saw him double-take, which reminded me that I had the original as well, which I handed over to him. He took both of them, but I didn't think he was going to penalize us anyway.

Your case has been transferred to CSC so it's looking like you won't have an interview anyway, right?

Worst case scenario: You can replace your I-94 (costs a few hundred dollars though). I'll let someone else chime in on what would happen if you went to the interview and they absolutely required the original I-94 (you did give them a copy in your packet I assume). I imagine they'd issue an RFE. Anyway, I know I didn't exactly answer your question, but I just wanted to say don't panic! you can replace it if needed, and maybe you won't need to anyway. Hopefully someone else can really determine if you need it and how you can find out. Good luck!

Thank you! Yes, our case has been transferred, so I probably wont need it and I did already send them a copy of it. So, it probably wont be a big deal. To be honest, I didnt even think about the I-94 at all when I was leaving. I only noticed it when I arrived here and looked in my passport!

But thank you for sharing your experience, it was very helpful

I just travelled back to the UK after receiving my AP last week and I just noticed that the people at check in, took out my I-94, eek! Is this going to cause me problems or not?

The AOS has been sent off and is in processing, Im just worried if im going to need it again for any reason. I mean, I know I cant do much about it now, I just panicked when I realised it was no longer attached to my passport!

Has anyone else travelled on the AP and got any more info about what happens when you come back into the US etc?

Woohoo, received my AP on tuesday and leaving for England today to see my family before I have to get stuck into working! Hope there are no problems with me coming back in, Im taking all my docs, just in case, Im a little nervous about using it. Ive heard some people had troubles coming back in on it. Does anyone know if I need to do the ESTA for when I come back? Im going to be getting my passport changed to have my married name on it when im home, so my current ESTA will expire.

Got to get back to packing!

Im planning on travelling back home this week to the UK, with my AP, while im there im going to be changing my passport to my married name. But I have just been reading about the new ESTA charges coming in tomorrow.

Does anyone know what forms we have to fill in when returning to the states? Do we need the ESTA, or are we exempt from it?

Im just confused, as the K1 visa is expired, so I dont know what immigration forms I will need to fill to come back in to the US.

Any advice much appreciated

Finally, EAD and AP approved, Im so happy, because I need to go home to see my sick mum before I start working, so I can go soon. Hopefully the production of it doesn't take too long!

I had no touches on the either of them for over a month and all of a sudden today, cards in approved and ordered!

Good luck to everyone still waiting, reading all those ones waiting on biometrics letters, its getting ridiculous

It just means that CSC now physically has your case.

Aaaaaaahhh, I see, thankyou!

Just got an email from USCIS to say that my case has now been transferred to a USCIS office, has anyone else had this?

My case was transfered last week to the CSC, now I get this, Im confused

Finally, my case has been transferred to CSC

So happy that my husband doesnt have to use a vacation day to go to an interview and we can save it for the honeymoon, hehe!

Just got back from my local ASC, thought I would attempt a walk in for biometrics, as its only 10 miles away from me.

They let me in, no problems, was barely anyone there anyway I was in and out within 40 minutes, mainly just waiting for the others ahead of me, the actual biometrics was only 5 mins.

I dont know if it will make this any quicker or not, but its another thing done and out the way.

I went on a Wednesday so it was 2 days. I don't know why but whenever I read about walk-ins they say it is better on a Wednesday. I have no idea if there is any truth behind it or not, but it worked for me.

During the appointment they were able to pull me up successfully from their database using the bar codes, so I think you should be ok.

Ok great, well wednesday is 2 days away, so may go and give it a shot then! Thanks for the quick response!