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Got a greencard - but want to go home for a while

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Old Sep 8th 2006, 4:18 am
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Default Got a greencard - but want to go home for a while

I got a greencard about a year ago. I am married to a US citizen, and it was actually a rather pain less process. They have a Fast Track system here in Texas, and it took just a couple of months.

I have been made unemployed though, and have accepted a great offer with a global (and in fact, US based) company back in my home country of the United Kingdom. My wife is REALLy excited about living there, as am I, though we both are pretty clear about the fact that we wish to return to the US for the long term future. We are in our 20s, and just see this as a fun and exciting thing to do for 3 or 4 years.

How does this affect my green card/permanent resident status? I could understand if the INS wanted to revoke my Green Card, but I wouldn't see a lot of point in that since with me being married to a US citizen, I could simply get another. I don't want to go through that process again, but it certainly means the INS taking any action a little futile.

Anyway, that's my OPINION on the matter. Does anyone have anymore qualified suggestions and advice about what we are doing?

Thanks very much... and sorry to explode on the scene with my first post containing so many questions!
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Old Sep 8th 2006, 4:24 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by hobbes79
I got a greencard about a year ago. I am married to a US citizen, and it was actually a rather pain less process. They have a Fast Track system here in Texas, and it took just a couple of months.

I have been made unemployed though, and have accepted a great offer with a global (and in fact, US based) company back in my home country of the United Kingdom. My wife is REALLy excited about living there, as am I, though we both are pretty clear about the fact that we wish to return to the US for the long term future. We are in our 20s, and just see this as a fun and exciting thing to do for 3 or 4 years.

How does this affect my green card/permanent resident status? I could understand if the INS wanted to revoke my Green Card, but I wouldn't see a lot of point in that since with me being married to a US citizen, I could simply get another. I don't want to go through that process again, but it certainly means the INS taking any action a little futile.

Anyway, that's my OPINION on the matter. Does anyone have anymore qualified suggestions and advice about what we are doing?

Thanks very much... and sorry to explode on the scene with my first post containing so many questions!

This is just a thought - and not really based on anything - but are things different if you're working for a US based company? Seems like it might be, although again I have no real knowledge about the subject...
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Old Sep 8th 2006, 4:33 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by andrea874
This is just a thought - and not really based on anything - but are things different if you're working for a US based company? Seems like it might be, although again I have no real knowledge about the subject...
I think only if you've been posted abroad on a temp basis, but having not worked for the US branch, don't think it counts?

how would the re-entry permit work here? good for a couple years away?
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Old Sep 8th 2006, 4:37 am
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Default Re: Got a greencard - but want to go home for a while

I will be paid locally in the UK and have never worked for the US branch. This also isn't a temp assignment as such with a set end date. As has been said, don't think it really counts for anything that the company is US based and owned, but thought it MIGHT so mentioned it.
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Old Sep 8th 2006, 4:38 am
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Default Re: Got a greencard - but want to go home for a while

I guess a follow up question, is that would I just need to re-enter the country every year or so to maintain my status?

Any help and comments are very appreciated, thanks!
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Old Sep 8th 2006, 4:42 am
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Default Re: Got a greencard - but want to go home for a while

Make sure you get wife UK citizenship while you're there. You're probably SOL on your current GC -- but the return journey should be relatively fast if things remain the way they are now, i.e. you can DCF from London in 4 years time.
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Old Sep 8th 2006, 4:44 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by hobbes79
I will be paid locally in the UK and have never worked for the US branch. This also isn't a temp assignment as such with a set end date. As has been said, don't think it really counts for anything that the company is US based and owned, but thought it MIGHT so mentioned it.
Just curious, how will you demonstrate that you are maintaining your US residency, if both you and your wife are in the UK?

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Old Sep 8th 2006, 4:44 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by hobbes79
I guess a follow up question, is that would I just need to re-enter the country every year or so to maintain my status?
you might get lucky....but shouldn't count on it, it ain't a permanent residence for nothing....

but if you maintain residence, bank account etc in the US, and with re-entry permit, might be allowed to do it, though I think the re-entry is only good for 2 years and has to be applied for before you leave, don't know if you have to actually have it before you leave or not though...but you could look that up on www.uscis.gov for yourself if no one else chimes in.
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Old Sep 8th 2006, 4:45 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by hobbes79
I guess a follow up question, is that would I just need to re-enter the country every year or so to maintain my status?

Any help and comments are very appreciated, thanks!
No, it's not as simple as that.

Rene
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Old Sep 8th 2006, 4:48 am
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Default Re: Got a greencard - but want to go home for a while

You'll need a visa for your wife - she can't just up-sticks and move there indefinitely.

Try britainusa.com for further information.
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Old Sep 8th 2006, 4:53 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by hobbes79
I got a greencard about a year ago. I am married to a US citizen, and it was actually a rather pain less process. They have a Fast Track system here in Texas, and it took just a couple of months.

I have been made unemployed though, and have accepted a great offer with a global (and in fact, US based) company back in my home country of the United Kingdom. My wife is REALLy excited about living there, as am I, though we both are pretty clear about the fact that we wish to return to the US for the long term future. We are in our 20s, and just see this as a fun and exciting thing to do for 3 or 4 years.

How does this affect my green card/permanent resident status? I could understand if the INS wanted to revoke my Green Card, but I wouldn't see a lot of point in that since with me being married to a US citizen, I could simply get another. I don't want to go through that process again, but it certainly means the INS taking any action a little futile.

Anyway, that's my OPINION on the matter. Does anyone have anymore qualified suggestions and advice about what we are doing?

Thanks very much... and sorry to explode on the scene with my first post containing so many questions!
Hi:

From your posting, it appears doable to keep your LPR status. You need to talk to a lawyer who is experienced in the law of abandonment. BTW, there are also tax considerations involved.

This is NOT the type of situation solved on a NG.

Good luck.
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Old Sep 8th 2006, 4:59 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by FlyergirlUK
You'll need a visa for your wife - she can't just up-sticks and move there indefinitely.

Try britainusa.com for further information.
We got that sorted, she has a UK work permit.
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Old Sep 8th 2006, 5:08 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by Bob
you might get lucky....but shouldn't count on it, it ain't a permanent residence for nothing....

but if you maintain residence, bank account etc in the US, and with re-entry permit, might be allowed to do it, though I think the re-entry is only good for 2 years and has to be applied for before you leave, don't know if you have to actually have it before you leave or not though...but you could look that up on www.uscis.gov for yourself if no one else chimes in.
Yeah, I got a bank account, drivers license, 401K and I intend to put my mother in-law's address as ours. I guess the impression I get is that so long as I stay married to my American wife, I can ALWAYS come back. It just depends whether I want that returning process to be a big headache or a small one!

From the advice I have so far, it certainly looks like I can take steps NOW to minimize the pain. Thanks!!!
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Old Sep 8th 2006, 5:12 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by hobbes79
We got that sorted, she has a UK work permit.
work permit or permanent leave to remain? you'll need that to dcf if you have too...
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Old Sep 8th 2006, 5:29 am
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Default Re: Got a greencard - but want to go home for a while

Originally Posted by Bob
work permit or permanent leave to remain? you'll need that to dcf if you have too...
She has an "entry clearance" with "multi" number of entries. Not sure what the difference is...

And pardon my ignorance, but what's a 'DCF'?

Also, from a previous post, 'SOL'?

Thanks!
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