A complex issue.
 

Hello,

I am a 56 year old male who born in Portsmouth UK.
I lived in the UK for 50 years becore moving to the US and getting married.
I never got full citizenship and are currently a legal resident.
I guess with a lot of marriages the cultures and other issues don't always
Blend that well. In my case it's pretty rocky with my wife threatening divorce on a regular basis. It will come to me having to leave sooner than later sadly.
It can be very nice between us one day( or even hour) and hell on Earth the next. We will end up divorced as it what she wants.
Here's the questions:
I can't realistically stay in the US and live alone so my only other option is returning to the UK. I can easily prove I live there for 50 years and I have a valid EU passport that expires in 2024.
What would I have to do to leave the US permanently and set myself up in the UK?
I'd have to start from the bottom up because everything went in the US. I sold the house I lived in, left my job etc.
Any advice would be welcome to guide me in this situation.
I do have a few possesions as well as clothes etc that need to be moved from where I live as well.
Thanks in advance for any help😎
I obviously know English culture like a native.
Steve in Richmond VA.

Re: A complex issue.
 

Get citizenship before you leave.

Re: A complex issue.
 

As a British citizen with a British passport all you need to leave the US and "set yourself up in the UK" is a plane ticket and your British passport. Anything additional is up to you.

Your divorce in the US should give you half your marital assets, or whatever your pre-nup specified if you have one. You should get that taken care of before leaving the US because it will be much tougher logistically once you leave.

In your case I am not entirely sure that obtaining US citizenship would help if you are leaving "for ever", but you have the opportunity to do so, after only three years of marriage, assuming your spouse is a US citizen.

Re: A complex issue.
 

Welcome to BE.

I have moved your thread over to our US forums...as people actually living in the US will be better placed to help you rather than people living in Europe. I recommend that you post any questions specifically about returning to the UK in our UK forums...

Moving back to the UK - British Expats

Re: A complex issue.
 

You should make a decision as to whether you wish to obtain US citizenship or not. Doing so would leave the door open for you to return at any time in the future. Leaving permanently would mean that your LPR will expire.

In legal terms, as Pulaski rightly says, you'll need nothing more than a valid British passport and a plane ticket to come home. Once you are back in the UK then you'll likely need to rely on family and friends to get yourself established if you do not have a home to come back to. There's usually little government help for at least three months after you return. Employment will be your priority. If you can then try and arrange employment before you come back.

Re: A complex issue.
 

Divorce is a State issue, usually excluded is stuff you had when you married.

If you have no intention of coming back you can file an I 407 once you have left to abandon your LPR status

Re: A complex issue.
 

Obtaining US citizenship will obligate him to file US taxes in perpetuity. That might be a drag if he's sure he doesn't want to return.

If he has a green card, isn't he supposed to surrender it on departure?

Re: A complex issue.
 

No.

Rene

Re: A complex issue.
 

Okay. But it might be considered abandoned after an absence of more than 6 months, right? And I think it will expire after 12 months unless he applies for a late reentry?

Re: A complex issue.
 

The card is only proof of the status, the status does not end when he departs, although attempting to enter the US again using the Green Card when you are no longer potentially viewed as a PR can create issues.

OP - what do you actually want to do? You know you don't have to leave the US, right?

Re: A complex issue.
 

I fail to see where the complexity comes into your scenario. As for your being unable to live alone, it is not my business so I will not ask.

Frankly, the only advice I would offer is not to leave the US until the divorce is final and not to give in to all the demands of your spouse in terms of relinquishing of assets, etc. Be proactive and look after yourself. Marriage is a two way street and you are entitled to your fair share of the marital assets, especially if the divorce is a non-contested divorce.

It might mean living alone for a short period of time but you should bite the bullet and do so to ensure that you are not taken advantage of in your absence.

Jerseygirl has given you the link to the Moving Back to the UK forum for help on what to do once you are set to return to the UK.

The decision to naturalize or not depends on your future wishes. If you had children, I would say you should naturalize so that you have easier access to them. If not, unless you like your present job or enjoy living in the US, I would not naturalize. It is suggested that at some point you return the green card via completion of form I-407 so that your residency is officially abandoned by you.

Good luck with your divorce and future.

Re: A complex issue.
 

No, and no. .... An immigration court might determine that PR status has been abandoned after as little as 12 months, but it is a complex area of law with many court rulings depending on the intricacies of individual cases.

We always recommend consulting a lawyer experienced on matters of abandonment when people come to BE with questions about abandonment.

Re: A complex issue.
 

Bzzt... wrong.


Bzzt... also wrong.

I suggest you read more and post less.

Ian

Re: A complex issue.
 

I read these:

https://www.uscis.gov/green-card/aft...nce#abandoning

Green Card Holders Staying Abroad Over 6 Months Risk Abandonment | Chodorow Law Offices

https://dyanwilliamslaw.com/2015/01/...ritical-steps/

Other contradictory references welcome.

Re: A complex issue.
 

Malch, not everything you read on the internet is correct, not even from lawyer's websites it seems. Often the articles seem to be written just to get people worried enough to see legal advice (from them).

The law around this is pretty clear cut. Ian was kind enough to send me the relevant cases heard by the Supreme Court. Perhaps he could do the same for you if you are interested?

As it was, I decided to get a travel permit for my son even though he shouldn't need it. I did it in the hope of minimising any questioning from CBP officers.
It's 12 months and you'll get questions....

Re: A complex issue.
 

I understand that. Nevertheless based on the information on the USCIS web site (which should be quite reliable) if the OP wishes to keep his lawful resident status, it would be prudent for him to take steps to minimize the risk of unintentional abandonment, just as you did for your son. Sometimes you can be right on the law but still find yourself facing a lot of pain and hassle just because a stubborn CBP agent thinks otherwise.

Re: A complex issue.
 

His PR status, perhaps. It's judged on an individual basis. No way to predict whether that will be true for the OP.

The card expires as a valid travel document only. Has nothing to do with whether he retains PR status or not.

What is a "late reentry application"?

Rene

Re: A complex issue.
 

I presume he means the SB-1 Visa.

Re: A complex issue.
 

more likely, a re-entry permit which is applied for in advance of any travel which may mean you are outside the US for over 12 months.

SB-1 is what you do when you didn't do the re-entry permit.

Re: A complex issue.
 

Good luck in your situation ! As far as citizenship unless you have children who might benefit and if there was any chance you might return ( it seems not), I think not getting it and filing the I-407 a good idea : get away form expense and bother of filing US tax returns.

As far as divorce my own comment would be is to be practical as to what is best for your mental and physical health - fighting over assets or having some concern about what is "far" will probably just cause unnecessary anguish and extra legal fees.

After three months in UK seems a lot more benefits for older people than in parts of USA I know. A fresh start sometimes the best !

Re: A complex issue.
 

Think of it like the laws on driving and speeding. Per the letter of the law you can get points on your licence if you exceed the speed limit. However in practice not everyone gets three points every time they do 31 in a 30 zone, even though, per the letter of the law, they could.

Just like there are numerous reasons why you can exceed the speed limit and not get points, there are also numerous reasons why you might spend more than 12 months outside the US and still retain your status as a US Permanent Resident. So the links you posted to USCIS and lawyers websites are technically correct, but just don't reflect how the law operates for most people most of the time. As PF said, the lawyers have a vested interest in causing alarm to drum up business.

I knew of someone who had spent 17 years living and working in Argentina, and still had an active green card. He returned to the US every year and had never been sent to the immigrants court. I don't know what the end of the story is as I lost contact with him, but I wouldn't be surprised if he is still pulling the same stunt, now for 21 years!

Re: A complex issue.
 

Good explanation !

I know one person who has had a green card for over 25 years, and comes back to the US once a year, and every three years for three months. Does keep a few local bills and mailing address.

Another just recently applied for re-entry permit, granted, for 2 years. Lawyer said to renew for another 2 years less probable but possible- but without was just rolling the dice what would happen when entering the country.