TheGoodRebel

I am seeking some advice and was wondering if anyone could help me,



I came to America on a CR1 spouse visa with my American wife in December 2007. My wife became heavily depressed and as I was out of work I couldn’t afford to get her the help she needed.



So my mother suggested she pay for our flights to London where she could help free on the NHS. We return to the UK in May 2008. She has been on anti-depressants, however it wasn’t making an impact and has been to hospitals and seen psychiatrists. She is receiving cognitive therapy.



In the mean time I took up employment in the UK, we hope to go back to America in September 2009. When I left America I never filled a re-entry permit as I never expected to be away from America for that long.



I am worried that if I return to America In September I will be refused the right to become a permanent resident when I have to remove my conditions.


Please could you let me know my options in order to guarantee a residence in America.

Do you think I need a immigration lawyer?

ian-mstm

First, it is *not* a right. Second, you already *are* a permanent resident.


There is never a guarantee. Only a US citizen has the right of entry to the US.


No. I think you should return to the US this month... file for a re-entry permit, and return to the UK until September next year. You can leave the US once you file (but you must file in the US) and have someone mail it to you when it arrives.

Ian

hobbes79

Re-entry permits now require biometrics taken in the US. You may have to stay a little while to get the appointment letter. Many have gone in early and been fine, but you need the letter in the first place as far as I know.

I'd recommend getting a flexible plane ticket...

Noorah101

Make sure you also file US tax returns ever year, maintain a US residence, and US bank accounts. Make sure you have ties to the USA to show that your stay in the UK is temporary.

Rene

Rete

No, he should contact the US Consulate and apply for a returning resident's permit. Since the issue was a health issue, he might be very lucky to get this at the US Consulate. He has been outside of the US already for one year. He should not return without this permit/visa.

However, the issue is did he intend to abandon his US Resident? Unless he kept ties in the US, it is likely that the agent at the POE will let him in but direct him to immigration court to prove the issue.

I'm sorry that your wife has been emotionally unwell and not responding to treatment. How are you planning on getting and paying for medical care for her in the US if you return?

Tracym

I am sorry your wife is still so unwell. I personally am not the biggest fan of cognitive behavioural therapy for depression. Is there any possibility of finding anyone who practices insight-oriented therapy? I know it's less common there...

I can see it is a difficult situation all around - I think you would have more therapeutic options in the US - but of course, you need the $ or insurance to pay for them.

I hope your wife improves...

newXgate

Its not entirely clear from his posting but he does appear to say that they 'return (sic) to the UK in May 2008'. If this was indeed the case, depending on the specific day of departure he may not even have been out for six months. If so, I would think that he would be better off returning asap with documentation of his wife's health issues and explaining the situation at the POE if necessary.

ian-mstm

What? He wrote that he left in May 2008. By my reckoning... that's only 6 months.

Ian

Rete

DUH!!!!!!!!!!!!!!!!!!

I also think today is Friday ... it's Thursday.

ian-mstm

Today *is* Friday. Oh... wait, you wrote that yesterday! Is that like some sort of weird time travel thingy?

Ian

Rete

Weird describes my mind perfectly !!!!!!!!!