A complex issue.
Sep 17th 2017, 8:37 pm
#16
in Northern California
Joined: Apr 2014
Posts: 284
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....
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....
Sep 17th 2017, 9:36 pm
#17
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: A complex issue.
And I think it will expire after 12 months unless he applies for a late reentry?
What is a "late reentry application"?
Rene
Sep 17th 2017, 10:21 pm
#18
Often not so civil...
Joined: Apr 2010
Location: The Boonies, GA
Posts: 9,561
Re: A complex issue.
I presume he means the SB-1 Visa.
Sep 17th 2017, 10:37 pm
#20
Lost in BE Cyberspace
Joined: Jul 2016
Posts: 10,006
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.
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.
As far as divorce my own comment would be is to be practical as to what is best for your mental and physical health - fighting over assets or having some concern about what is "far" will probably just cause unnecessary anguish and extra legal fees.
After three months in UK seems a lot more benefits for older people than in parts of USA I know. A fresh start sometimes the best !
Sep 18th 2017, 12:36 am
#21
Joined: Dec 2001
Location: Dixie, ex UK
Posts: 52,439
Re: A complex issue.
Think of it like the laws on driving and speeding. Per the letter of the law you can get points on your licence if you exceed the speed limit. However in practice not everyone gets three points every time they do 31 in a 30 zone, even though, per the letter of the law, they could.
Just like there are numerous reasons why you can exceed the speed limit and not get points, there are also numerous reasons why you might spend more than 12 months outside the US and still retain your status as a US Permanent Resident. So the links you posted to USCIS and lawyers websites are technically correct, but just don't reflect how the law operates for most people most of the time. As PF said, the lawyers have a vested interest in causing alarm to drum up business.
I knew of someone who had spent 17 years living and working in Argentina, and still had an active green card. He returned to the US every year and had never been sent to the immigrants court. I don't know what the end of the story is as I lost contact with him, but I wouldn't be surprised if he is still pulling the same stunt, now for 21 years!
Just like there are numerous reasons why you can exceed the speed limit and not get points, there are also numerous reasons why you might spend more than 12 months outside the US and still retain your status as a US Permanent Resident. So the links you posted to USCIS and lawyers websites are technically correct, but just don't reflect how the law operates for most people most of the time. As PF said, the lawyers have a vested interest in causing alarm to drum up business.
I knew of someone who had spent 17 years living and working in Argentina, and still had an active green card. He returned to the US every year and had never been sent to the immigrants court. I don't know what the end of the story is as I lost contact with him, but I wouldn't be surprised if he is still pulling the same stunt, now for 21 years!
Last edited by Pulaski; Sep 18th 2017 at 12:41 am.
Sep 18th 2017, 3:03 am
#22
Lost in BE Cyberspace
Joined: Jul 2016
Posts: 10,006
Re: A complex issue.
Think of it like the laws on driving and speeding. Per the letter of the law you can get points on your licence if you exceed the speed limit. However in practice not everyone gets three points every time they do 31 in a 30 zone, even though, per the letter of the law, they could.
Just like there are numerous reasons why you can exceed the speed limit and not get points, there are also numerous reasons why you might spend more than 12 months outside the US and still retain your status as a US Permanent Resident. So the links you posted to USCIS and lawyers websites are technically correct, but just don't reflect how the law operates for most people most of the time. As PF said, the lawyers have a vested interest in causing alarm to drum up business.
I knew of someone who had spent 17 years living and working in Argentina, and still had an active green card. He returned to the US every year and had never been sent to the immigrants court. I don't know what the end of the story is as I lost contact with him, but I wouldn't be surprised if he is still pulling the same stunt, now for 21 years!
Just like there are numerous reasons why you can exceed the speed limit and not get points, there are also numerous reasons why you might spend more than 12 months outside the US and still retain your status as a US Permanent Resident. So the links you posted to USCIS and lawyers websites are technically correct, but just don't reflect how the law operates for most people most of the time. As PF said, the lawyers have a vested interest in causing alarm to drum up business.
I knew of someone who had spent 17 years living and working in Argentina, and still had an active green card. He returned to the US every year and had never been sent to the immigrants court. I don't know what the end of the story is as I lost contact with him, but I wouldn't be surprised if he is still pulling the same stunt, now for 21 years!
I know one person who has had a green card for over 25 years, and comes back to the US once a year, and every three years for three months. Does keep a few local bills and mailing address.
Another just recently applied for re-entry permit, granted, for 2 years. Lawyer said to renew for another 2 years less probable but possible- but without was just rolling the dice what would happen when entering the country.
