Finn

Hi folks.

I am a conditional permanent resident of the USA, and I am married to
a US Citizen. We were living together in the US for 5 months, when we
decided to move to England. I simply left the country and did not
apply for any re-entry permits. Now my wife has a spousal visa in the
UK, and we intend to live here for the next four/five years.

I am on the verge of turning my Greeen card over to the US Embassy in
London, but before I do, I was wondering if there is any way in which
I can retain my residency in the US, whilst lving here in the UK. My
reasons for wanting to do this are simply that we would love to be
able to avoid going through the laborious US Immigration procedure
(again!) in the future, if possible.

Any advice would be most helpful. Many thanks in advance...

Dhart

I don't believe it. You guys are in exactly the same position as us.

We married in the US on a K-1 and then moved to England. We've been living
here 1.5 years now, and want to go "home" (the US).

Well, the bad news is, 1) you probably won't be allowed back into the States
because you didn't get a re-entry permit. 2) If you stay in the UK longer
than one year you will DEFINITELY have to start the visa process over from
scratch if you decide to go back. I know because I phoned the BCIS back
home, who referred me to the embassy in London. The lady there asked her
supervisor, and there is no way around it.

Advice? Well I'm not sure you'll be allowed back to the US, but if I were
you, I'd definitely try before the year is up. Try and get a re-entry
permit after the fact. Be very polite and plead ignorance. Anything. The
reason I say that is because I got the vague impression during speaking with
them that it might have been possible if we hadn't waited over a year.

Once you get the permit, MAYBE there is some way you can maintain an address
in the US and make periodic visits back there to maintain your residency
status... ? But you've got to get that permit!

"Finn" wrote in message
news:[email protected]...
    > Hi folks.
    > I am a conditional permanent resident of the USA, and I am married to
    > a US Citizen. We were living together in the US for 5 months, when we
    > decided to move to England. I simply left the country and did not
    > apply for any re-entry permits. Now my wife has a spousal visa in the
    > UK, and we intend to live here for the next four/five years.
    > I am on the verge of turning my Greeen card over to the US Embassy in
    > London, but before I do, I was wondering if there is any way in which
    > I can retain my residency in the US, whilst lving here in the UK. My
    > reasons for wanting to do this are simply that we would love to be
    > able to avoid going through the laborious US Immigration procedure
    > (again!) in the future, if possible.
    > Any advice would be most helpful. Many thanks in advance...

Dhart

By the way, phone the US embassy in London. They will let you ask questions
"anonymously" so you won't be jeopardizing anything, and they seem very nice
and genuinely try to be helpful and offer good advice. Maybe they can offer
some suggestions or guidelines.

meauxna

Keeping the card for up to 2 years out of the US may be a possibility, but I've not heard of many (any) cases longer than that. Sure, you'd probably find them, but I'd say instead of trying to string it out, bending the rules etc, just live in the UK for your 4-5 years and refile *thru the Embassy* about 6 months before you're ready to go. DCF doesn't take too long, and would not be as laborious as what you did already. In fact, since you've already had a GC, it will probably be easier.

In London you do most of the filing by mail and appear for a brief interview & get your stamp the same day.

Fonliskyinla has answered some questions about people doing what you propose; you may want to search the archives to learn the details of keeping residency while out of the US. Again, I've not read that it's feasible.

Mrtravel

Finn wrote:
    > Hi folks.
    >
    > I am a conditional permanent resident of the USA, and I am married to
    > a US Citizen. We were living together in the US for 5 months, when we
    > decided to move to England. I simply left the country and did not
    > apply for any re-entry permits. Now my wife has a spousal visa in the
    > UK, and we intend to live here for the next four/five years.

Not for a 4 or 5 year departure.

lairdside

Only ' way around it' I know of is an SB-1 visa but the criteria are quite tough by the looks of it :-

"Permanent resident aliens who are unable to return to the United States within the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:--

That they were lawful permanent residents when they departed the United States. -- That when they departed they intended to return to the United States and have maintained this intent: -- That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and -- That they are eligible for the immigrant visa in all other respects.

Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing.

If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible. "

Please also note :-

"Important: Conditional residents of the United States who failed to file an application to have conditional resident status removed are required to apply for a new immigrant visa. They are not eligible to apply for special immigrant status as a returning resident. The U.S. citizen or lawful permanent resident relative is required to file a new immigrant visa petition on his/her behalf with the office of the Immigration and Naturalization Service. U.S. citizens and lawful permanent residents in the United Kingdom should contact the BCIS office at the Embassy for further information. Those resident in the United States should contact their local BCISoffice"

See
http://www.usembassy.org.uk/cons_web...turningres.htm

for further info

lairdside

OK - I forgot .One other way around the process I know of actually but it depends who your wife works for and possibly the circumstances. The spouses of certain US Citizens employed abroad are eligible for expedited Citizenship without any prior or present residence in the US. They have to apply and then be present for Naturalization in the US I believe but other than that they go from Alien to Citizen in one step.
Only condition is that they do take up residence in the US once the USC's employment abroad ends. there are other exceptions too for Ministers of Religion.

It's in 319(b) of the Immigration and Nationality Act.

Finn

Thank you all for your replies. I think you are right about
re-applying nearer the time. Do any of you know if having a Greencard
previously affects your chances when you re-apply?

Thanks for your time...

meauxna

As I said earlier, yes, it positively affects your future application, based on what I saw at the Embassy and with the Greek Americans I spoke with in Greece. You still have to complete the paperwork, but it will be easier for you to do the 2nd time around...you're seasoned now!

Caro

I think that Folinskyinla mentioned a case he had where the person had lived abroad for 6 years.

Caroline

Matthew Udall

I could be wrong, but I think he said that was for an LPR child who moved back home (outside of the U.S.) to live with the grand parents, as his parents were indisposed. When he turned 18, he wanted to come back and apparently the consulate found he did not have the intention to abandon his permanent resident status (since he was a child when he left the U.S.). Again, this was not my case and I'm probably not remembering it correctly (Sorry in advance Folinskyinla if I got it wrong).

M.U.