British Expats

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-   -   Returning to UK...how long? (https://britishexpats.com/forum/marriage-based-visas-35/returning-uk-how-long-807382/)

StarlaLorien Aug 29th 2013 1:05 pm

Re: Returning to UK...how long?
 
Thanks, Noorah.

He will be working and supporting me and our son. We'll have a flat and everything.

The page says we can gone up to a 1 year without the re-entry permit. If we come back every term break for a few weeks, I'm wondering if that will suffice.

I mean $380 is worth peace of mind; I just don't know where I'm meant to come up with all of this extra money I wasn't envisioning needing when all of the up-front costs are so great. Going for a year the student route shows we are still young and relatively poor.

If we could apply for the re-entry permit once we are in the UK it would give us more time to make the money, but as it stands we leave in 4 weeks and don't have hundreds of extra dollars.

Stressed!!

Noorah101 Aug 29th 2013 2:34 pm

Re: Returning to UK...how long?
 

Originally Posted by StarlaLorien (Post 10877090)
He will be working and supporting me and our son. We'll have a flat and everything.

So he'll be working in the UK, not in the USA. He'll have a flat in the UK but no physical abode in the USA. This is the kind of stuff that *could* make an immigration official believe he's abandoning his PR status. If he can get it in writing that the job in the UK is temporary (with a clear ending date), that would be good.


The page says we can gone up to a 1 year without the re-entry permit. If we come back every term break for a few weeks, I'm wondering if that will suffice.
I wonder, too.


I mean $380 is worth peace of mind; I just don't know where I'm meant to come up with all of this extra money I wasn't envisioning needing when all of the up-front costs are so great. Going for a year the student route shows we are still young and relatively poor.
Immigration officials won't really care about age or financial status. What they will care about is that your husband can prove he did not abandon his PR status, and that his stay abroad is temporary.


If we could apply for the re-entry permit once we are in the UK it would give us more time to make the money, but as it stands we leave in 4 weeks and don't have hundreds of extra dollars.
I don't know if the I-131 can be mailed to the USA from the UK. He would definitely need to be in the USA for the biometrics appointment, which would mean more cost in air fare, though. So probably it would be even more expensive to apply from the UK.

That said, if you're due to leave in 4 weeks, that might not even be enough time to get the re-entry permit done, anyway. I don't know if he'll be called in for his biometrics appointment within 4 weeks of applying, or if it takes longer.

All he can do is his best to maintain ties to the USA, and be able to prove his stay overseas is temporary.

Rene

StarlaLorien Aug 29th 2013 3:05 pm

Re: Returning to UK...how long?
 
Thank you.

Do you know what happens if he loses his status?

StarlaLorien Aug 29th 2013 3:06 pm

Re: Returning to UK...how long?
 
He's eligible for US citizenship now....but from what I understand that's an even more expensive option, which is why we haven't done it yet.

Noorah101 Aug 29th 2013 5:48 pm

Re: Returning to UK...how long?
 

Originally Posted by StarlaLorien (Post 10877181)
Thank you.

Do you know what happens if he loses his status?

If a US immigration judge determines that he has abandoned his PR status, he will need to return to the UK and start over with a new Immigrant Visa process.

If things get iffy, he could also try to get a Returning Resident visa from abroad, before entering the USA. But that's only if he has stayed out over a year continuously.

My layman's guess is that you'll be OK in the long run, but I think it's a good idea to point out that he puts his PR status at risk with lengthy absences from the USA.

Rene

Noorah101 Aug 29th 2013 5:50 pm

Re: Returning to UK...how long?
 

Originally Posted by StarlaLorien (Post 10877184)
He's eligible for US citizenship now....but from what I understand that's an even more expensive option, which is why we haven't done it yet.

I was going to ask about that, since from your timeline it seems he's eligible for US Citizenship. Yes, it's an expensive thing to apply for, but it's a permanent solution. Plus, he won't become a USC within 4 weeks. It would mean you going to the UK for your class, and him coming to visit you during the time he's waiting for his N-400 to process. It takes about 6 months for the naturalization process, from filing N-400 to Oath Ceremony.

The naturalization process is probably not as expensive as starting over with a new Immigrant Visa (worst case scenario).

Also, keep in mind his time outside the USA *could* affect his eligibility for citizenship, if he spends too much time outside.

I don't know how urgent this 1-year course is that you plan to take in the UK, but it sounds like you're uprooting the family and putting his PR status at risk, just for a 1-year course. Might be better off staying here this year, letting him become a USC, and then doing the course next year, if that's possible. Or, you go on ahead and take the course, let him stay in the USA and become a USC, then join you for the 2nd half of the year.

Rene

StarlaLorien Aug 30th 2013 7:38 am

Re: Returning to UK...how long?
 
I think we will just apply for the re-entry permit! Do you know how long it generally takes for him to get a biometrics appointment?

Noorah101 Aug 30th 2013 9:19 am

Re: Returning to UK...how long?
 

Originally Posted by StarlaLorien (Post 10878400)
I think we will just apply for the re-entry permit! Do you know how long it generally takes for him to get a biometrics appointment?

It can take several weeks.

He can leave the USA once the biometrics are done. He can have someone in the USA (whoever is checking your mail) send him the original re-entry permit via a trackable method.

Rene


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