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Old Sep 15th 2017, 5:57 pm   #1
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Default A complex issue.

Hello,

I am a 56 year old male who born in Portsmouth UK.
I lived in the UK for 50 years becore moving to the US and getting married.
I never got full citizenship and are currently a legal resident.
I guess with a lot of marriages the cultures and other issues don't always
Blend that well. In my case it's pretty rocky with my wife threatening divorce on a regular basis. It will come to me having to leave sooner than later sadly.
It can be very nice between us one day( or even hour) and hell on Earth the next. We will end up divorced as it what she wants.
Here's the questions:
I can't realistically stay in the US and live alone so my only other option is returning to the UK. I can easily prove I live there for 50 years and I have a valid EU passport that expires in 2024.
What would I have to do to leave the US permanently and set myself up in the UK?
I'd have to start from the bottom up because everything went in the US. I sold the house I lived in, left my job etc.
Any advice would be welcome to guide me in this situation.
I do have a few possesions as well as clothes etc that need to be moved from where I live as well.
Thanks in advance for any help😎
I obviously know English culture like a native.
Steve in Richmond VA.
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Old Sep 17th 2017, 8:42 am   #2
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Default Re: A complex issue.

Get citizenship before you leave.
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Old Sep 17th 2017, 12:42 pm   #3
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Default Re: A complex issue.

As a British citizen with a British passport all you need to leave the US and "set yourself up in the UK" is a plane ticket and your British passport. Anything additional is up to you.

Your divorce in the US should give you half your marital assets, or whatever your pre-nup specified if you have one. You should get that taken care of before leaving the US because it will be much tougher logistically once you leave.

In your case I am not entirely sure that obtaining US citizenship would help if you are leaving "for ever", but you have the opportunity to do so, after only three years of marriage, assuming your spouse is a US citizen.
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Old Sep 17th 2017, 12:51 pm   #4
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Default Re: A complex issue.

Quote:
Originally Posted by Binkus1800 View Post
Hello,

I am a 56 year old male who born in Portsmouth UK.
I lived in the UK for 50 years becore moving to the US and getting married.
I never got full citizenship and are currently a legal resident.
I guess with a lot of marriages the cultures and other issues don't always
Blend that well. In my case it's pretty rocky with my wife threatening divorce on a regular basis. It will come to me having to leave sooner than later sadly.
It can be very nice between us one day( or even hour) and hell on Earth the next. We will end up divorced as it what she wants.
Here's the questions:
I can't realistically stay in the US and live alone so my only other option is returning to the UK. I can easily prove I live there for 50 years and I have a valid EU passport that expires in 2024.
What would I have to do to leave the US permanently and set myself up in the UK?
I'd have to start from the bottom up because everything went in the US. I sold the house I lived in, left my job etc.
Any advice would be welcome to guide me in this situation.
I do have a few possesions as well as clothes etc that need to be moved from where I live as well.
Thanks in advance for any help😎
I obviously know English culture like a native.
Steve in Richmond VA.
Welcome to BE.

I have moved your thread over to our US forums...as people actually living in the US will be better placed to help you rather than people living in Europe. I recommend that you post any questions specifically about returning to the UK in our UK forums...

Moving back to the UK - British Expats
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Old Sep 17th 2017, 12:54 pm   #5
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Default Re: A complex issue.

You should make a decision as to whether you wish to obtain US citizenship or not. Doing so would leave the door open for you to return at any time in the future. Leaving permanently would mean that your LPR will expire.

In legal terms, as Pulaski rightly says, you'll need nothing more than a valid British passport and a plane ticket to come home. Once you are back in the UK then you'll likely need to rely on family and friends to get yourself established if you do not have a home to come back to. There's usually little government help for at least three months after you return. Employment will be your priority. If you can then try and arrange employment before you come back.
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Old Sep 17th 2017, 1:18 pm   #6
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Default Re: A complex issue.

Divorce is a State issue, usually excluded is stuff you had when you married.

If you have no intention of coming back you can file an I 407 once you have left to abandon your LPR status
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Old Sep 17th 2017, 3:56 pm   #7
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Default Re: A complex issue.

Obtaining US citizenship will obligate him to file US taxes in perpetuity. That might be a drag if he's sure he doesn't want to return.

If he has a green card, isn't he supposed to surrender it on departure?
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Old Sep 17th 2017, 4:55 pm   #8
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Default Re: A complex issue.

Quote:
Originally Posted by malch View Post
If he has a green card, isn't he supposed to surrender it on departure?
No.

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Old Sep 17th 2017, 5:09 pm   #9
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Default Re: A complex issue.

Quote:
Originally Posted by Noorah101 View Post
No.
Okay. But it might be considered abandoned after an absence of more than 6 months, right? And I think it will expire after 12 months unless he applies for a late reentry?
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Old Sep 17th 2017, 5:11 pm   #10
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Default Re: A complex issue.

Quote:
Originally Posted by malch View Post
If he has a green card, isn't he supposed to surrender it on departure?
The card is only proof of the status, the status does not end when he departs, although attempting to enter the US again using the Green Card when you are no longer potentially viewed as a PR can create issues.

OP - what do you actually want to do? You know you don't have to leave the US, right?
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Old Sep 17th 2017, 5:21 pm   #11
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Default Re: A complex issue.

I fail to see where the complexity comes into your scenario. As for your being unable to live alone, it is not my business so I will not ask.

Frankly, the only advice I would offer is not to leave the US until the divorce is final and not to give in to all the demands of your spouse in terms of relinquishing of assets, etc. Be proactive and look after yourself. Marriage is a two way street and you are entitled to your fair share of the marital assets, especially if the divorce is a non-contested divorce.

It might mean living alone for a short period of time but you should bite the bullet and do so to ensure that you are not taken advantage of in your absence.

Jerseygirl has given you the link to the Moving Back to the UK forum for help on what to do once you are set to return to the UK.

The decision to naturalize or not depends on your future wishes. If you had children, I would say you should naturalize so that you have easier access to them. If not, unless you like your present job or enjoy living in the US, I would not naturalize. It is suggested that at some point you return the green card via completion of form I-407 so that your residency is officially abandoned by you.

Good luck with your divorce and future.
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Old Sep 17th 2017, 5:30 pm   #12
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Default Re: A complex issue.

Quote:
Originally Posted by malch View Post
Okay. But it might be considered abandoned after an absence of more than 6 months, right? And I think it will expire after 12 months unless he applies for a late reentry?
No, and no. .... An immigration court might determine that PR status has been abandoned after as little as 12 months, but it is a complex area of law with many court rulings depending on the intricacies of individual cases.

We always recommend consulting a lawyer experienced on matters of abandonment when people come to BE with questions about abandonment.
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Old Sep 17th 2017, 7:02 pm   #13
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Default Re: A complex issue.

Quote:
Originally Posted by malch View Post
But it might be considered abandoned after an absence of more than 6 months, right?
Bzzt... wrong.


Quote:
And I think it will expire after 12 months unless he applies for a late reentry?
Bzzt... also wrong.

I suggest you read more and post less.

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Old Sep 17th 2017, 7:45 pm   #14
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Default Re: A complex issue.

Quote:
Originally Posted by ian-mstm View Post
I suggest you read more and post less.
I read these:

https://www.uscis.gov/green-card/aft...nce#abandoning

Green Card Holders Staying Abroad Over 6 Months Risk Abandonment | Chodorow Law Offices

https://dyanwilliamslaw.com/2015/01/...ritical-steps/

Other contradictory references welcome.
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Old Sep 17th 2017, 8:18 pm   #15
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Default Re: A complex issue.

Malch, not everything you read on the internet is correct, not even from lawyer's websites it seems. Often the articles seem to be written just to get people worried enough to see legal advice (from them).

The law around this is pretty clear cut. Ian was kind enough to send me the relevant cases heard by the Supreme Court. Perhaps he could do the same for you if you are interested?

As it was, I decided to get a travel permit for my son even though he shouldn't need it. I did it in the hope of minimising any questioning from CBP officers.
It's 12 months and you'll get questions....
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