artefactfinder

Hi,

I am a UK citizen and have been living in the USA for a year now. I married my husband, who is a USA citzen and we are planning to move to the UK for 2 years but we want to return to the USA in 2007 to settle down and have children. Can we do this or will my husband lose his US citizenship if he comes to the UK with me on a UK Spouse visa. Will I be able to return to the USA with him?

Bob

You probably want to get your US citizenship first before heading back to the UK, will make things easier, that is presuming your an LPR already...and don't worry about losing US/UK citizenship, it isn't a problem being duel citizen...

NC Penguin

If you are eligible for US citizenship, then what Bob suggests is a good idea.

Returning to the US in 2007 might not be as easy as you hope for. Your US husband may not have the correct visa stamp in his passport to allow him to file I-130 by DCF at the US Embassy (generally the fastest route to getting an I-130). The only other option would be to file I-130 in the US and this is far slower and I wouldn't bank on the two of you being able to move to the US in 2007.

Please read threads about eligibility for filling I-130 by DCF in London and also filing I-130 in the US (look at the USCIS website about which office you'd be using).

Why in the world do you think your husband might lose his US citizenship?

Elvira

If she' s only been in the US, naturalisation probably isn't an option...

To the OP: You will probably need something called a "re-entry permit". Go to www.uscis.gov and do a search.

Folinskyinla

Hi:

You husband will lose his US citizenship if he goes to a US Consulate abroad and expressly renounces his US citizenship. Is he considering doing that? If he does it for US tax reasons that becomes a ground of inadmissiblity. Word of warning.

Elvira

I am wondering why you think she could not get a re-entry permit if they are only going to be gone for a year?

(I am assuming, of course, that she is a LPR...)

scrubbedexpat099

Actually OP said 2 years, and did not mention any effort to maintain US Residency.

Might be able to keep LPR, might not, as has been said US Citizenship is the way to go.

Jim Battista

artefactfinder <member48502@british_expats.com> wrote in
news:[email protected] m:

    > I am a UK citizen and have been living in the USA for a year now.
    > I married my husband, who is a USA citzen and we are planning to
    > move to the UK for 2 years but we want to return to the USA in
    > 2007 to settle down and have children. Can we do this or will my
    > husband lose his US citizenship if he comes to the UK with me on a
    > UK Spouse visa. Will I be able to return to the USA with him?

Your husband will not lose his US citizenship unless he clearly and
distinctly renounces his US citizenship to officers of the US. He
can go to the UK, have UK permanent residency, and become a citizen
of the UK, and the US will not give a damn.

I assume you have a green card. If so, you'll need to file the re-
entry permit paperwork before you leave. If you do not, then your
green card will expire when you've been out of the US for a year.

If you don't have a green card -- if you're currently in the US on a
work visa -- then you should get a green card before you go, or you
might face problems getting into the US.


--
Jim Battista
A noble spirit embiggens the smallest man.

Bob

Because she'll need to maintain US residency...and having a re-entry permit is no guarantee that officer at POE will admit someone...

fatbrit

Hopefully with some sort of status?

meauxna

Guys, you're all on BE---it's 2 clicks to see her previous posts and see that she is here on a J-1. None of the suggestions apply, but she didn't ask very good questions, either.

If the OP wants to come back and have a conversation, she can find out about her options, but I'm afraid that the lingo and abbreviations already used won't be much use to her.

Elvira

So she'd have to look into DCF then?

fatbrit

Knew we were beating about the bush here without anything firm to go on! We need details like is the J-1 still good, is she gonna leave before it expires, was it one of those with nasty conditions on it, did she ever attempt to AOS, etc.

meauxna

I doubt they would qualify in the timline she indicates.

If they want to do this themselves, they had better get well organized so they understand timelines and what needs to be filed when/where etc.
She also did not mention any plans for how to immigrate *him* to the UK.

Elvira

Not sure given the confused original post that DIY would be wise...