shootingstar

Hi,

I need some advice.

My husband (UK Citizen) and I (US Citizen) have recently moved to the USA. My husband doesn't have his green card yet. We're still waiting.

However, in a year or two, we'd both like to move back to the UK, at least for a few years, because we both miss it. I want to go to university over there.

I read the US Embassy website, and it says that for a spouse of a US Citizen to obtain Naturalization (US Citizenship), he must have lived in the USA for 3 years and been physically in the country for at least 1.5 years.

We currently consider my parents' house our "permanent" home in the US. This may be a stretch, but would it be possible for me to go to uni in the UK if we come back to visit for extended periods that would add up to the 1.5 years? The website says you need to at least maintain a permanent residence in the US, which I consider that to be my family home.

I know this might seem ridiculous, but being in an international relationship often leads to extremes.

Any help or advice would be greatly appreciated. Thanks!

~ Isabelle

Noorah101

Hi Isabelle,

I read on you other post in another forum, that your UK husband came in on a K-1 visa. That means you still have to do his AOS and get his PR status. He can apply for US citizenship 3 years after he becomes a PR, if he is still married to you, and meets the physical presence requirements. Not 3 years of living in the USA....actually 3 years of being a PR. So depending on when you have your AOS interview and he is approved for the green card, it could be longer than 3 years until he qualifies for naturalization, plus it takes some time after applying to get the interview and oath ceremony...I'd count on waiting more like 4 to 4.5 years for him to actually become a USC.

I'd consult with a good immigration attorney about your plan of returning to the UK in a couple of years, for a lengthy stay. Get an attorney who knows about the laws of "abandonment". There are allowances for staying outside the USA to study or work and such, but there is always a chance you'll be seen as abandoning your US PR status.

Best Wishes,
Rene

Rete

Since you miss living in the UK and want to go to school there, why are you even bothering with the AOS for your husband. Return to the UK now on a spousal visa from the UK, live and attend school there. Get your Indefinite Leave to Remain from the UK and then when you are ready to live and work in the US for three or more years, file for your husband's spousal visa at the US Consulate in London so that if approved he becomes a PR when he enters the US. By that time you should be a citizen of the UK and he can work on his citizenship in the US.

shootingstar

Thank you Rene and Rete for your responses! This is such a helpful forum.

Rete, that sounds like a very good option. I hadn't considered that. That way, we'll both be citizens of both countries.

Would it be easier and quicker for me to go over to the UK on a student visa, and apply for a UK spousal visa while over there?

Also, when we apply for the US spousal visa when we're ready to return to the US, does my husband have permission to work almost right away? (Or at least much sooner than the K-1 fiance visa route that we're on right now?)

Sorry for all these questions. This is kind of an awkward situation.

~ Isabelle

Elvira

AFAIK, UK spousal visas are dead easy to get - probably much quicker than getting a student visa.

As Rete explained, if you go the spousal route via DCF, he will be a PR on entry to the US and thus able to work.

Rete

Like Elvira said, dead easy to get a UK Spousal Visa. Your hubby can apply while here in the US at the British Consulate and you should have it within a few days. This will put you on the track to Indef. Leave to Remain while the student visa will not.

As for your husband, yes, with the DCF approval he becomes a Permanent Resident and has all the benefits that goes with it, i.e. work, live, travel aboard (limited travel that is) and on the track for US Citizenship 3 years (less 90 days for application) from the date of entry as long as he remains married to a USC for the full three years of the wait for the fulfillment of the required time period.

shootingstar

Thanks to you both!

Do you know if I could be a student on a UK spousal visa?

Rete

Believe so. That status the virtually the same as US permanent resident status and allows you to work, etc., so can't see why it wouldn't allow you to attend school. If you still have a question on that on Monday, have hubby call the British Consulate or check out their website.

http://www.britainusa.com/

You are interested in the Settlement Visa

Elvira

Sure. Though you should be aware that there is a chance that you may have to pay international fees. Normally one has to be resident in a EU country for 3 years before qualifying for resident fees (except in Scotland, where I believe the requirement is for one year IN SCOTLAND). I am not sure whether they would take your husband's prior UK residency into consideration.

www.ucas.co.uk would probably have more information, or at least a link to a site about fees etc.

Also note that the deadline for uni applications is 15 December (for October 2007 entry). Applications can be filed online at the above site.

Lansbury

On Sat, 21 Oct 2006 11:39:32 -0500, shootingstar
<member56778@british_expats.com> wrote:

    >Would it be easier and quicker for me to go over to the UK on a student
    >visa, and apply for a UK spousal visa while over there?

You cannot enter the UK on one type of visa and then apply for another type
while still in the UK. You would have to leave the country apply for the
different visa and return if granted.


--
Lansbury
www.uk-air.net
FAQs for the alt.travel.uk.air newsgroup

Jess5377

You can study on a spousal visa, but Elvira is right- you will have to pay intl fees for uni. Once you get ILR for the UK you will be allowed to pay resident fees. Even paying intl fees it may work out cheaper than US uni fees depending on the uni.

diepz72

Hi guys,

My fiance and I are in a similiar situation. I am a USC and she is a
UKC. I am applying for a Fiance Visa. She will come here to get
married (hypothetically speaking in March 2007). After changing her
Fiance status to PR, does her 2 year Conditional begin on the day this
is performed /or/ the day she enters country on her Fiance Visa /or/
the day we marry?

My next question involves her stay in the US. Based on the Conditional
status, what is the maximum amount of time she is allowed to leave in
that 2 years? Unless I stand corrected, I believe she cannot leave
more than 6 accumulative months, of the 2 years, in order to remove the
Conditional status. Her mother is ill and my soon-to-be wife will tend
to her mother's needs.

In the event I should go to the UK with my wife, can I start my PR
procedures in the UK? Of course, I will need to take up employment
while in the UK. Can my wife return to the US to fullfill file for her
"Removal of Condition Status" without me? Do I need to return with
her? And will I lose my application for UK PR?

Any information will help.

Thank you


Jess5377 wrote:
    > > On Sat, 21 Oct 2006 11:39:32 -0500, shootingstar
    > > <member56778@british_expats.com> wrote:
    > >
    > > >Would it be easier and quicker for me to go over to the UK on a
    > > >student
    > > >visa, and apply for a UK spousal visa while over there?
    > >
    > > You cannot enter the UK on one type of visa and then apply for another
    > > type
    > > while still in the UK. You would have to leave the country apply for
    > > the
    > > different visa and return if granted.
    > >
    > >
    > > --
    > > Lansbury
    > > www.uk-air.net
    > > FAQs for the alt.travel.uk.air newsgroup
    > You can study on a spousal visa, but Elvira is right- you will have to
    > pay intl fees for uni. Once you get ILR for the UK you will be allowed
    > to pay resident fees. Even paying intl fees it may work out cheaper than
    > US uni fees depending on the uni.
    >
    > --
    > Posted via http://britishexpats.com

JAJ

Not true. In country switching is generally allowed if admitted to the UK for OVER 6 months, unless specifically prohibited.

However it is correct to say that in-country switching from tourist status is not generally possible.

anabella

Really? Fees in the UK have gone up to £3,000 per year. This means that an average degree will cost you a minimum of £9,000; how much is an average degree in the US?

ian-mstm

After you marry, she will be required to submit several forms (and lots of processing fees) in support of her adjustment to a PR. The forms will take about 1 - 2 years to process. Once they are processed, you and she will be interviewed. After the interview, assuming all goes well... *then* she will become a PR - and not one moment sooner.

You seem woefully ignorant of the process. Start at www.uscis.gov.

Ian