Originally Posted by petitefrancaise (Post 12340188)

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....

Originally Posted by malch (Post 12340065)

Okay. But it might be considered abandoned after an absence of more than 6 months, right?

Originally Posted by civilservant (Post 12340239)

I presume he means the SB-1 Visa.

Originally Posted by Rete (Post 12340083)

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.

Originally Posted by malch (Post 12340181)

I read these .....

Other contradictory references welcome.

Originally Posted by Pulaski (Post 12340301)

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!