British Expats

British Expats (https://britishexpats.com/forum/)
-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   I-751 While based in the UK (https://britishexpats.com/forum/marriage-based-visas-35/i-751-while-based-uk-936658/)

S Folinsky Jan 18th 2021 7:58 am

Re: I-751 While based in the UK
 

Originally Posted by civilservant (Post 12960619)
Yeah, good luck with this one. Attorney is absolutely the way to go.

Might end up having to relinquish the green card and start over with a new visa application.

I agree.

christmasoompa Jan 18th 2021 8:05 am

Re: I-751 While based in the UK
 

Originally Posted by S Folinsky (Post 12960757)
I just read that page. Sad to say, there are many inaccuracies in that wiki — too many to enumerate.

The Wiki is for forum members, by forum members - please do take the time to edit it if you spot a mistake.

Rete Jan 18th 2021 9:07 am

Re: I-751 While based in the UK
 

Originally Posted by SanDiegogirl (Post 12960674)
From earlier posts she is US/UK citizen by the sounds of it.

As stated, I wasn't going to troll back to review her citizenship and/or immigration status in the UK. Thanks for supplying it SD.

Chins Jan 18th 2021 9:14 am

Re: I-751 While based in the UK
 

Originally Posted by theroon (Post 12960596)
We returned to the UK because my wife lost her job because of covid and was pregnant. We'd like to return to the US but certainly not in the next couple of months.

I’ve been in a little bit of a similar situation. Ended up leaving the US end of Feb and returned end of Nov. Wasn’t planned. Wife wanted to spend time in UK with mum and we had a nice house in US and small apartment in NJ. Covid killed my ability to visit customers in US and our NJ office was closed. Nice garden in UK or 2 meter x 1 meter balcony in NJ.

I was pretty nervous flying back in. Had all my evidence of bank account, tax filing, just expired car lease, apartment rental agreement with us etc. Flew in with my wife, got asked how long we had been away for. Said 9 months and no further questions !
Been back to UK and back since. I would make sure your wife is with you.

I am guessing your I-751 may be lacking a bit of evidence if all you have is your bank account in the US with your wife. Not sure they will go with a joint mortgage in the UK for example. As I am seeing it will be a good 18 months after filing your I-751 before any interview and hopefully by that time you will be back in the US permanently with additional evidence if needed.

If you have no intention of being permanently in the US in the near future if maybe not worth you filing the I751 ?

Noorah101 Jan 18th 2021 11:29 am

Re: I-751 While based in the UK
 
thereon,

When you became a US Permanent Resident (received your 2- year green card), from that point on, your permanent place of residence was meant to be the USA. You were allowed to make trips outside the USA, but those trips were supposed to be temporary in nature. But your home and work were meant to be in the USA.

Definitely consult with an attorney to see your best way forward from here.

Rene

BenK91 Jan 19th 2021 4:20 am

Re: I-751 While based in the UK
 
I feel like the clue is in the name... *permanent* resident.

Best of luck, I'm not sure if there is any COVID flexibility, I assumed they were hard and fast rules. That said, I'm not an immigration attorney and you definitely need to invest in one. Or just relinquish your GC and start again.

S Folinsky Jan 19th 2021 10:08 am

Re: I-751 While based in the UK
 

Originally Posted by christmasoompa (Post 12960763)
The Wiki is for forum members, by forum members - please do take the time to edit it if you spot a mistake.

Rather than rewrite the wiki, I will mention that this 2011 article by Henry Chang does not evoke any adverse reactions by yours truly.

scrubbedexpat099 Jan 19th 2021 10:57 am

Re: I-751 While based in the UK
 
You need to discuss your situation with a lawyer who has actually tried an Abandonment case, most have not.


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