withoutapaddle

I am a UKC with a 10 year green card based on my marriage to a USC.

I am planning on returning to the UK to spend some time with my parents who are elderly and have health problems.

I'm was planning on spending about 6-9 months over there before returning to the US. I haven't been out of the US at all in the past 4 years.

I would like to apply for a re-entry permit before I leave but am uncertain about a couple of things...

First, will I have to go through biometrics again? I figured since they have already taken my biometrics that they won't need to again?

Second, what would happen if I applied and then left for the UK before I recieve anything back? I would like to leave in the next few months and i'm not sure I want to sit around waiting while my parents health gets worse.

Since we rent a house in the US we will be giving this up to go over to the UK temporalily. Is this likely to cause problems?

I have US mailing address which allows me to manage my mail online. I can request them to scan my mail or redirect it to a US or UK address. I was thinking of using this address on my re-entry permit application. Would this cause a problem?

I really want to go see my parents but I don't want to find myself locked out of the US.

discoviking

I believe a re-entry permit require a new biometrics appointment.

On the surface, it also appears that you are eligible to apply for US citizenship based on 3+ years as a permanent resident married to a USC, another option to consider - then you can stay out of the US for as long as you like. Both the US and the UK allow dual citizenship.

Rete

It is suggested on the forum that any trip for more than 6 months should be done with a re-entry permit. It can be filed before you go and will require a biometrics. The biometrics is not for security purposes but for purpose of photographs for the form itself. You can file it online and will most probably be given an appointment within 3 weeks of having filed. Since it is good for two years, you can do that now. If you won't be in the US before you leave you can put down a safe mailing address where the recipient can forward it to you in the UK for use when you return or if you don't have that option, you can request that it be delivered to the US Consulate in the UK and you can pick it up there.

withoutapaddle

The USCIS website says...

Therefore, I assume I have to file manually.

I was hoping to leave in a months time. I'm not sure if this gives me time to do the biometrics.

What are the consequences of travelling first and then applying for the re-entry permit from the UK?

JAJ

You can't.

Is there a reason why you have not applied for US citizenship? - would solve many problems.

Rete

You can't apply for the re-entry permit, but you can apply for a returning resident permit from the US Consulate. If you are outside of the US for less than a year, while there should not be a problem, it is always better to shy away from a potential problem by having the permit. Sorry that assuming you could file electronically. If you mailed it Monday I would hope that you got the biometrics appointment before you leave. If you didn't you might be able to go to the biometrics office with your receipt of filing (copy of the petition you filed) and ask them for biometrics at that time.

snowbunny

If you are both going and your wife holds only US citizenship, you'll also have to deal with the UK end given that you will no longer have a US residence. What ties to the US would she be able to prove?

meauxna

Loss of the application fee.
You have to be in the US when you apply.

withoutapaddle

Although I haven't been out of the US for 4 years, I haven't yet had my permanent resident status for the 3 years required to file for citizenship (although that entitlement isn't far away).

My wife doesn't have a problem with returning to the UK as she also has UK citizenship.

If I stay in the US and apply for the re-entry permit what should I put on the application form under "date of intended departure"?

Do they take any notice of this date when processing or do I simply sit in a queue?

JAJ

Have you thought about instead taking a series of 2-3 month vacations in Britain, and keeping your USA residence until you can file for and be sworn in as a US citizen?

Then you could move to Britain if you wished.

Bob

One thing to consider, how this 9 month stay away would affect your time for citizenship, length that long would reset the clock couldn't it?

discoviking

As I recall, 6 months to a year stops the residency clock. A year or more resets it, but upon returning the first day back counts as one year.

scrubbedexpat099

I would mention that no matter how you do it, you still need to retain residency in the US to maintain your GC. Sounds like you are selling up and moving?

JAJ

Which is why the suggestion is to make it a series of shorter trips, rather than one long 6-9 month trip. And keeping a USA residence - a plan to sell up and move before US citizenship can be granted is probably not smart.

withoutapaddle

We rent and don't own our own property. I had thought about terminating the lease and putting our stuff in storage while we were in the UK.

Your suggestions about making several shorter trips and maintaining US residence make a lot of sense.

I kinda want to move back to the UK to help my parents out, but also want to maintain my US residency and apply for citizenship when I get the chance.