British Expats

British Expats (https://britishexpats.com/forum/)
-   Moving back or to the UK (https://britishexpats.com/forum/moving-back-uk-61/)
-   -   Utterly confused... (https://britishexpats.com/forum/moving-back-uk-61/utterly-confused-797102/)

megabyte May 15th 2013 9:38 pm

Re: Utterly confused...
 

Originally Posted by robin1234 (Post 10709999)
Just speculating, but the OP may be Medicare eligible, since she states she is retired and has been married to a British person in the UK for over twenty five years. So, she may be 65+ (or soon to be 65+) and lived and worked in the US for many years before coming to the UK to marry..

Thankfully we have excellent health insurance otherwise we would not even consider moving 'back' to the States. Yes, we both worked there for years and I am 63. Good deduction! As for Medicare other half has everything in control there too.

We have found all of your information and links extremely helpful. One last question - when the papers go through and he gets his green card, does he have to move to the States within a certain period of time?

Noorah101 May 15th 2013 10:09 pm

Re: Utterly confused...
 

Originally Posted by megabyte (Post 10710518)
We have found all of your information and links extremely helpful. One last question - when the papers go through and he gets his green card, does he have to move to the States within a certain period of time?

When "all his papers go through", he won't get a green card. He'll get an Immigrant Visa. When he uses the Immigrant Visa to enter the USA, then he will get his green card at the US POE.

The Immigrant Visa will be valid for 6 months from the date of his medical exam. So if he has his visa interview 6 weeks or so after his medical exam, the visa will be valid for 4.5 months after the visa interview.

He has to move to the USA before the Immigrant Visa expiration date.

If he needs to return to the UK to tie up some loose ends, he can do so, after entering the USA. He should keep that visit to the UK no more than a few months, though.

Rene

ian-mstm May 15th 2013 10:45 pm

Re: Utterly confused...
 

Originally Posted by megabyte (Post 10710518)
... does he have to move to the States within a certain period of time?

Once he enters the US, his visa will be endorsed - that endorsement is the paper equivalent of a green card. The actual card will show up in the mail a few weeks after entry. But, to clarify what Rene has written, he must enter the US during the validity period of the visa. He doesn't actually need to move to the US during the validity period of the visa. Once he enters and his visa is endorsed, he can turn around and head back to the UK to finish up with things there before finally moving to the US. Indeed, he doesn't even need to leave the airport if he so chooses. His endorsed visa will suffice for travel and reentry to the US.

Ian

megabyte May 16th 2013 1:22 am

Re: Utterly confused...
 
Greatly appreciated.

Thank you!

jeffreyhy May 16th 2013 4:01 am

Re: Utterly confused...
 
I'm not comfortable with this explanation. When an alien enters the USA using an immigrant visa, he becomes a Permanent Resident at that point. The USA has become his place of 'permanent' residence that he does not intend to abandon. If the person promptly turns around and heads back to whence they came to tie up loose ends, they are making a visit back. Their home became the USA when they entered.

Originally Posted by ian-mstm (Post 10710673)
He doesn't actually need to move to the US during the validity period of the visa. Once he enters and his visa is endorsed, he can turn around and head back to the UK to finish up with things there before finally moving to the US.

As Mr.F frequently posts, the devil is in the details. On occasion he has pointed out that a person can retain their PR status despite spending an extended period of time outside the USA, or they can lose their status on the flight out. If someone has absolutelu no 'ties' to the USA, it would probably be wise to spend at least a day or three in the USA doing a few basic things to establish that they intend to live in the USA.

Originally Posted by ian-mstm (Post 10710673)
Indeed, he doesn't even need to leave the airport if he so chooses.

Regards, JEff

megabyte May 16th 2013 5:30 am

Re: Utterly confused...
 
Thanks Jeff. Yes, that makes sense.

KCK_DR May 16th 2013 6:05 am

Re: Utterly confused...
 
Also - my two cents - you need to come in with your spouce or be here when he comes in.

He can't enter and activate the process without you being with him or in country.

lansbury May 16th 2013 7:45 am

Re: Utterly confused...
 

Originally Posted by robin1234 (Post 10709999)
Just speculating, but the OP may be Medicare eligible, since she states she is retired and has been married to a British person in the UK for over twenty five years. So, she may be 65+ (or soon to be 65+) and lived and worked in the US for many years before coming to the UK to marry..

It was the lived in the UK for 25 years that made me wonder. The US citizen will not have paid into medicare in that period, and I have no idea what difference that will make. Especially the ability of a spouse to claim medicare based on her entitlement.

Noorah101 May 16th 2013 8:36 am

Re: Utterly confused...
 

Originally Posted by KCK_DR (Post 10711384)
Also - my two cents - you need to come in with your spouce or be here when he comes in.

He can't enter and activate the process without you being with him or in country.

Not only is it your two cents, but it's the law! :)

Rene


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