stocks

Hello
I have my GC through marriage interview next week. I am a UK citizen married to a US citizen.

I have been approached by an employer in the UK to take a position there.

We are seriously thinking about it but of course many things are flowing through our heads right now and have come on this well informed site to try and get some advice:

1: If we do leave what will happen to my Permanent Residence status here in US?

2: If it doesn't work out there, am I free to come back to US with my green card?

3: Does my wife have to apply for her visa to get into UK and work in the US before we leave? if so what is the process/time frame?

4: Can I leave and then she joins me shortly after?

Thank you in advance........

Mummy in the foothills

1. if you leave and don't come back you have abandoned your green card, I was gone close to a year they said I was cutting it fine (before 9/11), now I think they even get funny with 6 months. You can file a Form I-131, reentry permit, I think thats the one and it's gives up to 2 years outside the US, and you must make sure to file your US taxes annually.
3 your wife needs a Visa for the UK. from reading here they don't take that long to get.

stocks

Thanks!

So what Im gathering is, If I officially accept the position I can then fill out form i-131 and apply for permission for re-entry, if accepted it gives me 2 yrs and be able to come back with no issues within those 2 years with my current green card.

What about form i-821, do I need to do anything with that?
Also can the i-131 be filed in the UK?

Mummy in the foothills

The i-131 has to be filled BEFORE leaving the US, I fell into that trap and thought I could do it from UK, but couldn't so came back before my green card would have been abandoned. It means you can re enter with no problem, no idea about the i-821 which one is that?

stocks

after further reading 821 isnt needed.

ok, it looks like 12 months is the time frame you can come back and dont have to file anything.....

It would be interesting to know how long it takes if I did the "EXPEDITE" process.

Mummy in the foothills

You could ask over in the USA section in the Visas section they are very knowledgeable about green cards being away how to come back and in what time frame etc.

meauxna

Since your questions are all US immigration questions, I've moved the thread instead of having people redirected all over.

meauxna

How long have you been married? Less than two years or more than?

Bob

Having it is no guarantee you'll be allowed back in as a LPR, you've got to show signs of maintaining residence, bank account etc.

If you've only just got it, return it and go through the process again is an option.

The OH needs a visa for the UK before moving there, it's not cheap, but it is in the order of about 3 weeks.

stocks

less than

stocks

oh we will have all the joint stuff

why would i go through the process again? what are the benefits?

meauxna

How long are you planning to move to the UK for? It may be simpler for you to reimmigrate when you are ready to move back to the US.

jeffreyhy

Depends on your long-range plans. Have you made the USA you permanent residence that you do not intend to abandon, even though you may temporarily live abroad for a period of time, perhaps an extensive period of time?

Have a consultation with an immigration attorney who has experience with abandonment of status issues to discuss your plans in detail. This is not a situation for an internet newsgroup, unless you'll be happy with abandoning your status and starting over should you wish to immigrate to the USA a second time at some future date. (Which may be the easiest thing to do anyway - again, depends on your long range plans.)

Regards, JEff

Noorah101

You would go through the process again (actually, you'd go through a different process...sounds like you're doing an AOS case right now, you'd be doing an Immigrant Visa case later) so you could immigrate to the USA whenever you're ready to move over permanently.

The benefits are that you'd then be able to move permanently to the USA.

This is all assuming that you abandon your current AOS and start over whenever you're ready to live in the USA full time.

Rene

Noorah101

If you've been married less than 2 years, you will receive a 2-year conditional green card when you get your AOS approved next week. Although a re-entry permit is typically good for 2 years, keep in mind that even if the re-entry permit has an expiration date later than your green card, it will NOT be valid beyond the date of your green card. If you decide to get a re-entry permit, you need to file I-131 after your AOS approval, and remain in the USA long enough to get your biometrics done. The actual re-entry permit can be mailed to the nearest US Embassy where you'll be overseas, or someone in the USA can send it to you (whoever is checking your mail in the USA while you're gone).

Having the 2-year green card also means you will need to remove conditions in about 21 months. Although the I-751 can be filed from overseas, you'll need to be in the USA for the biometrics appointment. You'll also need the 1-year extension letter in hand once your green card expires, in order to travel outside the USA.

You'll need to maintain your ties to the USA and continue to file a US income tax return while you're outside the USA. JEff's idea of having a consultation with an immigration attorney before making any plans to leave the USA is an excellent idea.

Rene