MarieTh

I hope this doesn’t prove to be too long a post for this forum as this is my first time posting anything like this.I am merely looking for a few positive thoughts and comments regarding my entirely self-made predicament.
I immigrated to the U.S. in 1986 after marrying my American born husband and after spending several years living overseas as an Expat myself.I was 30 years of age and whilst married lived in Papua New Guinea and China with the bulk of our time in California.We had two wonderful children, a boy and girl, now 22 and 24 respectively.
It wasn’t always a happy marriage and over the years I yearned to move back to the UK to be closer to my British family.Following our divorce in 2006 I bought my own property in California, at the height of the real estate market.Sadly when the market crashed I lost not only my home but also all my investments.I filed bankruptcy and tried to pick up the pieces.After many years of struggle, and after my children were settled in College I decided it would be a good idea to move myself back to England.
I moved back spring 2013.My children came to visit sseveral times and I didn’t actually go back to the U.S. for a visit until just recently when I returned for my son’s graduation.
My time in the UK has been far more challenging than I had anticipated.I didn’t realise just how much I would miss the American way of life, miss my friends, the culture,the beauty of California and have just felt that I don’t really fit in anywhere anymore.I have finally gotten a decent job here in England but after my trip back I know with all my heart that more than anything I want to move back to America.I am very close to my daughter and she has missed me terribly since I’ve been gone.My son is far more independent, and is now a junior Officer in the US Army.They would both love for their Mum to be back and I believe I can now return safe in the knowledge that I won’t ever yearn to be back here in England again!
As I had been out of the U.S, for more than 2 years,( for economic reasons I hadn’t been able to go back,) I decided the best thing to do, on the advice of the US Consulate, was to rescind my green card.It was one of the hardest things I have ever done (and there have been a few of those)!However, the member of the Consulate I saw in London told me it was relatively simple to re-apply with my children as petitioners.
I am now going to begin the process of re-immigrating.My most pressing issue is lack of funds.My son is going to act as both my petitioner and my sponsor and is more than happy to do so.I turn 60 this year and am in excellent health and have employment prospects I can follow up on when I do return.
I do have an issue with the IRS as I have back-taxes I need to take care of. I am currently working with an Advisor who is trying to get me on a repayment plan so that when I do go for my interview to the Consulate I have a paper in hand stating I am dealing with this issue.
It does seem insurmountable at times. However, the end result is I will finally be able to put to rest this unsettled feeling I have had my whole expat life.
Let this serve as a warning that the grass isn’t always greener and at the end of the day there’s that old saying “Where’er I go, there go I”! I do know I have to be happy with myself, wherever I am, but I need to be back near my children before I get much older!
I do have a work history in the U.S. of 19 years, although not all in one go because of our travels.
Needless to say the Consular Officer I spoke too did say that “people like me really annoyed him…” all those years I could have gotten my citizenship and I didn’t!
With limited funds, no assets and a very small pension my family here all think I am quite mad – I guess to many it must seem that way. Actually on re-reading this it does sound unbelievable, however I remain determined to return. Can anyone offer any insights or advice, I would be so grateful. Thank you

scrubbedexpat099

Takes about a year, so you do have plenty of time to sort things out.

Not sure what you are looking for otherwise.

Noorah101

It seems like you know the process. Do you have a specific question?

Rene

MarieTh

Thank you Boiler, I think I just wanted to hear that it's feasible. This has been an emotional journey and very sobering but at least I have some answers. As this is my son's first year with the Army do you have any idea if I have to wait for him to file his first tax return as he was a student previously or will they take his earnings as they are now for my sponsorship?

ian-mstm

Yes - quite simple, so long as the petitioner is a USC and at least 21 years old.


You aren't required to have any funds.


Well then, you seem to have all the bases covered. The process will take about a year and will begin when your son submits form I-130. Once that's approved (about 5 months), you'll be invited to apply for an immigrant visa (another 5 months). Once you enter the US with your immigrant visa, you will immediately become a US permanent resident - the proof of which will be a green card. This time, I suggest you naturalize when you have the chance!

Quote:

I do have an issue with the IRS as I have back-taxes I need to take care of.

Keep in mind that that's a tax issue, and not really a US immigration issue.

Quote:

I am currently working with an Advisor who is trying to get me on a repayment plan so that when I do go for my interview to the Consulate I have a paper in hand stating I am dealing with this issue.

If your son is your sponsor, he's the one who needs to show sufficient funds and tax returns... not you.

Ian

MarieTh

Thank you Noorah for responding, I've just asked Boiler regarding the sponsorship and my son's earnings as this is his first year out of College. Should I have both kids submit as a petitioner or just one of them and will it have any bearing that my son is in the Army - brownie points anyone

scrubbedexpat099

Current income is what counts, if you are just starting what he will be earning next year.

MarieTh

Thank you all for taking the time to respond. My poor credit has always been a concern of mine so thank you for your response all - I hope my post might serve as a reminder to anyone who currently has a green card to apply for citizenship just as soon as you can! And remember, the grass isn't always greener. I tell the kids I will be like the Pope, I will get off the plane and kiss the tarmac when I am back in the U.S.!

scrubbedexpat099

There is no limit to the number of petitions you can have, not sure if it is relevant having more than one in this case, the longer processing times and elderly petitioners it can make sense.

MarieTh

I believe he is earning $35,000 his first year as a junior officer - I will ask him. I think I read somewhere that if the sponsor is in the Army it only has to be $19,000 but I can't find that info again.

MarieTh

Seems I was only 30 a blink of an eye ago Boiler

scrubbedexpat099

$35k is more than enough.

ian-mstm

You want the info off form I-864P... easy to find with a quick Google search. If he's in the lower 48, he needs less than $16,000 so you're covered either way!

Ian

ian-mstm

I just turned 61 - I feel your pain!

Ian

MarieTh

Much appreciated Ian in Kentucky - that's where my son is at Fort Knox - thank you for taking the time to reply.