Toonyank

My husband is USC and I am UKC, we have been married for 18 years. We lived in CA from 89 to 97 and moved to UK in 97. We have 2 children, one born in CA and one in UK, both are US citizens and US passport holders. We plan to move to AZ in April 09. My question is when should start the green card process? I am a previous green card holder, but I gave it up, so I guess that makes no difference now. Does anyone have an idea how long the process takes? I know that once it is approved, you should travel within 6 months, therefore I don't really want it approved before Oct 07 since we plan to move March or April 09. Would anyone recommend that I start the process now, or is it too early? Also, are does anyone have advice on whether my husband should have been filing US tax returns whilst we have been living in the UK for the past 10 years. Thanks!!

augigi

US citizens must file yearly tax returns no matter where they live. They may not have to pay tax, but they have to file. Hubby will have to complete these returns.

I gather you mean you don't want it approved before October 08? I am sure the experts will be along to tell you how long to expect the process to take if your hubby is filing from the UK for you.

ian-mstm

Since you are both resident in the UK, your can file directly to London. It'll take about 4 months or so to get the visa, and then you have 6 months in which to actually use the visa. You will become a PR on the same day that you enter the US with the visa.


This puts a whole new spin on things. How, exactly, did you give it up? Did you hand it in? Did you file any paperwork? By itself, time outside the UK is *not* sufficient to abandon your status... there must also be an intent to abandon the status. You might do well to speak to an immigration attorney who has experience with abandonment issues. Be warned, most attorneys do *not* have that experience... it is a very special subset of immigration practice.

Mind you, it may simply be easier to reapply than try to determine whether or not your status has, in fact, been abandoned.


As a USC, your husband is obligated to file a tax return each year. Note, this is not the same as having to pay taxes... but he must file. Unless I'm mistaken, he will need to file a return for the previous 3 years before you can start the process - which, fortunately, you have time to do. I'm pretty sure this can be done from London.

While I'm thinking of it, and if there's still time, it would be a good idea if your husband (and probably the children too) became UKCs before you leave. It might be very helpful at some point in the future. Dual citizenship has its advantages.

Ian

Folinskyinla

Hi:

Once the I-130 is approved by DHS in London, the visa process itself can be stretched out to up to over a year, if not two. So, when you get the preliminary packet of forms from the CONSULAR section [used to be called the "Packet 3"], you have up to a year to return it.

Yes, your husband was supposed to be filing tax returns.

Toonyank

Thanks so far everyone! You have given us some great information, appreciate it.

meauxna

Hi there

The two links in my signature are for the process you want to do---filing the petition overseas in the London USCIS office.

London cases typically take 4-6 months is you let them run on their own, but because you've got time, and ANYthing can happen to ruin your plans, it would not hurt to get an early start. As MrF says, you can stretch your own timeline out, but I'll add, you can not really speed it up.

You're right that the visa will be valid for 6 months.

In addition to the taxes (the 2nd link will get you to the Embassy website.. find the IRS page under American Citizen Services) is supposed to be quite helpful according to reports here. They see this ALL the time and can help your hub get things sorted out.

He might want to look into taking UK citizenship before you leave, so that he can easily return and everyone in the fam can eventually be dual citizens.

There's lots of current personal experiences posted here, from folks doing the same process as you, so chime in with your Qs any time!
(we just came back from AZ--it's nicer than ever )

Noorah101

Hi, just wanted to chime in from Phoenix, Arizona! Hope you have a smooth process!

Best Wishes,
Rene

Toonyank

Thanks again everyone!

Is it best for my hubby to file the IRS tax forms at an office here in the UK, or should he go directly to the IRS in Philadelphia?

I think that it is good advice to get the process started. Is it pretty to easy to ask for 2-3 month delay on receiving the visa, if we want to push it out to March - April 09? How exactly do we do that? Do we just request it when submitting the application? We have our house to sell here first, planning to put that up for sale in the next few weeks and then rent until we leave. Does anyone know about capital gains and what you have to pay out if you are planning to emigrate? Is there a time limit? Thanks!!

Ray

http://london.usembassy.gov/irs/

Noorah101

The UK would be a lot easier since he's already there.

What happens is, you submit the I-130 now, then when they send you the visa applications to fill out, you have like up to a year to return that packet. So that's the point where you can take your time and string it along to your liking.

Rene

ian-mstm

Did you like suddenly become a valley girl?

Ian

Folinskyinla

Hi:

The path to the immigrant visa requires two basic steps. The first is the I-130 filed by your husband to show he is a United States citizen and that you two have a bona fide marriage. [You mention two fairly strong pieces of evidence in your original post on that score.] Although the I-130 will be filed an adjudicated in London, it is NOT with the consular section -- it is with the overseas DHS office.

Once the visa petition is approved, it is then sent to the Department of State. Normally, this is via the "National Visa Center" in Portsmouth, NH. However, in your case it will be sent "down the hall" so to speak.

You will then be notified what documents you need to submit -- you are given a year to do this. This is where YOU can control the process somewhat.

meauxna

Noorah101

yah, ya'know, like gag me with a spoon 'n all that...
LOL

meauxna

No, the 'spoon' thread is here: http://britishexpats.com/forum/showthread.php?t=509239

I'm still on my cross cultural mission for BE.