Bryan59

I've returned home to Scotland from the USA - broken marriage.She is a US citizen; I'm Scots. We both have residents permits in each country (ILR/Green Card) but soon both of us will be in breach of conditions. How will this affect each of our entry into the UK/USA? there is a child with dual nationality....

civilservant

If you are no longer permenstly resident in the US then you will lose this status after a period of time. Did you file for a reentry permit prior to leaving if you intend to stay away for a period?

RICH

Sorry to here that.

My opinion- given you have Green Card, and especially as you have a dual Citizen Child, do whatever it takes to get your US citizenship. Then you can be in whichever country the child chooses. Wife/Ex should do the same.

As a PR (green card holder) you can gain US citizenship after 5 years, regardless of the marriage situation. You may know this, more details & time frames would make it clearer.

Specifically to your question, if your GC lapses, you will become a tourist, eligible only to visit US on visa waiver program. (approximately the same will apply to her entering UK)

WEBlue

Agree with doing your best, you & the wife, to get full dual citizenship in both your child's countries, Bryan. In principle this is always best for family members . . . but it may prove difficult or impossible in reality.

Your wife should show her ILR whenever she enters the UK, so that she doesn't get stamped in as a tourist. After 2 years residing outside the UK, her ILR is officially considered invalid, but the longer she can keep entering on her ILR the better, & our family found that UK Immigration officers were understanding enough to allow leeway beyond the 2 years. This may not hold in the case of divorce, though, I don't know. As long as she enters on the ILR (no tourist stamp), she can stay in the UK as long as she likes & work as well.

If she doesn't return to live in the UK sometime within the two-year mark, however, the ILR will become moot & eventually she'll be stamped in as a tourist. Then she's restricted to the 6 months per year tourist allotment & not allowed to do paid or unpaid work, etc.

Ray

You can use form I-407 to return your green card if you wish

Bob

...or you could just let it lapse.

Though the others are right, well worth getting citizenship before moving with kids that are dual citizens.

lansbury

As the OP has returned to Scotland and his wife is living in the US, neither qualify, at the moment, for citizenship of the others country. He will have to return to the US to live, for long enough to meet the criteria for citizenship.