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Brit expat and US husband maybe moving to UK

Brit expat and US husband maybe moving to UK

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Old Jan 26th 2014, 1:19 am
  #1  
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Default Brit expat and US husband maybe moving to UK

My husband (US Citizen) and I (British expat) are considering moving to the UK in a couple of years (maybe longer).

What would be the correct steps for me to take regarding moving back to the UK? I believe I would abandon my green card but I'd still want to be able to visit the US on holidays. Would I need to obtain the usual ESTA and then have my i-407 to show the immigration people at arrivals? Or is it more complicated than that?

Any advice would be greatly appreciated. Thank you.
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Old Jan 26th 2014, 1:24 am
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Default Re: Brit expat and US husband maybe moving to UK

Lottie, you'll find this part of the forum extremely helpful. Maybe one of the mods will even help out by moving your post there. http://britishexpats.com/forum/forumdisplay.php?f=61
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Old Jan 26th 2014, 1:39 am
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Default Re: Brit expat and US husband maybe moving to UK

If you've been in the US long enough then I would apply for US citizenship so that you don't have to go through the hassle of reapplying for a Green Card if you move back here again.

When I left the US the first time around I abandoned my Green card and came to the US on the visa waiver scheme, but now they have ESTA you would need to use that.

I never had any problems visiting the US once I'd abandoned the GC.
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Old Jan 26th 2014, 2:12 pm
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Default Re: Brit expat and US husband maybe moving to UK

To move back to the UK you should first make sure you have sufficient income or savings so that the UK immigration folks will give your husband a visa. Then you need to decide whether you want to abandon your Green Card or get US citizenship before you move. That is a tricky decision and will depend on your family circumstances, future plans and finances.
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Old Jan 26th 2014, 4:48 pm
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Default Re: Brit expat and US husband maybe moving to UK

Wow, thank you all for your quick replies. I won't have been in the US long enough to get citizenship before moving back to the UK. But we intend to stay a few more years so we can save some money ($30k+). My parents are happy to sponsor us too. Thanks again.
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Old Jan 26th 2014, 4:52 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by Lottie24
Wow, thank you all for your quick replies. I won't have been in the US long enough to get citizenship before moving back to the UK. But we intend to stay a few more years so we can save some money ($30k+). My parents are happy to sponsor us too. Thanks again.
Have you looked on the sub-forum on the MBTTUK part of the site?

There are a few threads on the new reg's regarding bringing non-EU spouses into the UK. The sticky at the top is particularly relevant - you'll need to put the kettle on as it's a long one.
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Old Jan 26th 2014, 5:03 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by Lottie24
Wow, thank you all for your quick replies. I won't have been in the US long enough to get citizenship before moving back to the UK. But we intend to stay a few more years so we can save some money ($30k+). My parents are happy to sponsor us too. Thanks again.
Your parents won't be able to sponsor your US husband only YOU the British citizen can do that.

Rules have changed since July 2012 and there are financial requirements which you have to fulfill.

Read the following document to see how you can qualify:

http://www.ukba.homeoffice.gov.uk/si...df?view=Binary

Basically you either need an income of 18,600 per annum either as new job or in conjunction with current job earning that amount or savings/investments if no income.

Since you only need three years as spouse of US citizen I don't see why you can't apply for citizenship before you leave the US if you don't intend to move to UK for another 2 years or so.
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Old Jan 26th 2014, 5:26 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by Lottie24
Wow, thank you all for your quick replies. I won't have been in the US long enough to get citizenship before moving back to the UK. But we intend to stay a few more years so we can save some money ($30k+). My parents are happy to sponsor us too. Thanks again.
That's not going to be enough cash to sponsor the OH to the UK and they don't have joint financial sponsors anymore, so your parents won't be able to help.
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Old Jan 26th 2014, 5:29 pm
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Default Re: Brit expat and US husband maybe moving to UK

how long have you been there? I think you only have to be living there for 3 years to become a citizen when you are married to a US citizen. I would wait til you are eligible. I'm so glad I got my citizenship as I'm thinking of moving back there.
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Old Jan 26th 2014, 7:57 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by coral11680
how long have you been there? I think you only have to be living there for 3 years to become a citizen when you are married to a US citizen. I would wait til you are eligible. I'm so glad I got my citizenship as I'm thinking of moving back there.
I think this only applies if you've been married for more than 5 years.
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Old Jan 26th 2014, 8:01 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by nethead
I think this only applies if you've been married for more than 5 years.
No it doesn't.
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Old Jan 26th 2014, 8:17 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by nethead
I think this only applies if you've been married for more than 5 years.
5 years as a PR, unless you're basing the citizenship on marriage to a USC, in which case it's only 3 years as a PR.

Rene
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Old Jan 27th 2014, 2:17 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by Noorah101
5 years as a PR, unless you're basing the citizenship on marriage to a USC, in which case it's only 3 years as a PR.

Rene
I thought you had to have been married to a USC a certain length of time, in order to get citizenship after 3 years as a PR. Otherwise it was 5 years.
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Old Jan 27th 2014, 2:20 pm
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Default Re: Brit expat and US husband maybe moving to UK

Originally Posted by nethead
I thought you had to have been married to a USC a certain length of time, in order to get citizenship after 3 years as a PR. Otherwise it was 5 years.
http://www.uscis.gov/us-citizenship/...es-us-citizens

General Eligibility Requirements

To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:
  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law
You don't even have to be an LPR for 3 years if the USC spouse is stationed abroad in certain occupations for longer than a year and you intend to return with your spouse to the US after the expiration of the posting abroad.

Last edited by Speedwell; Jan 27th 2014 at 2:31 pm.
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Old Jan 27th 2014, 3:44 pm
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Default Re: Brit expat and US husband maybe moving to UK

This is great info everyone, and will really help in making our decision to move to the UK.

I've been here 2 years in April but have only had my green card since March 2013 (they forgot about me and were late sending it out).

Just so i'm clear, on the second bullet point - "Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization" - does this start from the date I received my first green card, or will it start from the date I receive my green card without the restrictions? I'll be getting my restrictions removed in March 2015.

If it's the former, then that should put me at qualifying for Citizenship in March 2016? If the latter, then March 2018 would be the earliest I could qualify.

Bob, that's a shock that my parents wouldn't be able to sponsor my husband. We all believed that would be okay. If $30k is not enough, do you know what figure we're looking at?

Thanks all!
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