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Going back to UK for extended period

Going back to UK for extended period

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Old Jul 3rd 2005, 4:07 am
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Default Going back to UK for extended period

Posted this in the Immigration section a while back, but not got any repllies...anyone have any ideas here? Thanks

QUOTE
I am a green card holder, married to a USC, eligible to apply for citizenship in October this year.

We have just sold our house in the US, but our new one (still in the US) won't be built until December. We're lucky enough to be pretty flexible where we live from a work point of view, so intend going back to the UK/Europe for around 5-6 months while we wait for the new house (my father in law will be here to keep an eye on the building progress)

My question is - is an extended absence like that likely to cause a problem with US Immigration? according to the INS website, anything less than a year should be OK, but last year I was out for a month (business in the Far East) followed pretty quickly by another trip back to the far east for a few days, and on the way back in the 2nd time I got questioned over my "serious intent" to live in the US.

Anyone have any experience/advice to share?

UNQUOTE

Thanks
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Old Jul 3rd 2005, 2:06 pm
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Post Re: Going back to UK for extended period

I have no experience of this situation but I've heard that is may be worth applying for a re-entry permit (I-131?). Officially these are not needed for a trip away of less than 1yr but some POE agents might disagree with that. If you've been questioned already before, it might be worth getting one. My lawyer advised me to get one if I had to leave for an extended period 3yrs ago. Bad part is, I think they take about 6 months to get now, used to be only a couple of weeks!
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Old Jul 3rd 2005, 2:32 pm
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Default Re: Going back to UK for extended period

Originally Posted by Brit3964
I have no experience of this situation but I've heard that is may be worth applying for a re-entry permit (I-131?). Officially these are not needed for a trip away of less than 1yr but some POE agents might disagree with that. If you've been questioned already before, it might be worth getting one. My lawyer advised me to get one if I had to leave for an extended period 3yrs ago. Bad part is, I think they take about 6 months to get now, used to be only a couple of weeks!

Thanks 3964. I should have thought of this earlier, but then our trip only materialized about 3 or 4 weeks ago.....and we leave in 10 days. So I guess its too late to apply if it takes 6 months...

I guess it may be worth talkin to an INS agent on the way out, and if necessary I can always schedule an intermediate visit.
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Old Jul 3rd 2005, 5:10 pm
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Default Re: Going back to UK for extended period

Originally Posted by Yorkieabroad
Posted this in the Immigration section a while back, but not got any repllies...anyone have any ideas here? Thanks

QUOTE
I am a green card holder, married to a USC, eligible to apply for citizenship in October this year.

We have just sold our house in the US, but our new one (still in the US) won't be built until December. We're lucky enough to be pretty flexible where we live from a work point of view, so intend going back to the UK/Europe for around 5-6 months while we wait for the new house (my father in law will be here to keep an eye on the building progress)

My question is - is an extended absence like that likely to cause a problem with US Immigration? according to the INS website, anything less than a year should be OK, but last year I was out for a month (business in the Far East) followed pretty quickly by another trip back to the far east for a few days, and on the way back in the 2nd time I got questioned over my "serious intent" to live in the US.

Anyone have any experience/advice to share?

UNQUOTE

Thanks
Did you try the Marriage visa section? I'm quite sure Folinskyinla addressed that fairly recently.
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Old Jul 3rd 2005, 5:31 pm
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Default Re: Going back to UK for extended period

Found this doing a search on here:

http://www.nolo.com/article.cfm/obje...8/209/252/ART/
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Old Jul 3rd 2005, 5:51 pm
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Lightbulb Re: Going back to UK for extended period

Originally Posted by Yorkieabroad
Thanks 3964. I should have thought of this earlier, but then our trip only materialized about 3 or 4 weeks ago.....and we leave in 10 days. So I guess its too late to apply if it takes 6 months...

I guess it may be worth talkin to an INS agent on the way out, and if necessary I can always schedule an intermediate visit.
The other option might be to take all evidence that you are still retaining a permanant residence here, ie. take mortgage, rent agreements, payment history, US issued bank account and credit card info with you to show the POE guys when you return back here.
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Old Jul 3rd 2005, 6:00 pm
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Default Re: Going back to UK for extended period

Originally Posted by cindyabs
Did you try the Marriage visa section? I'm quite sure Folinskyinla addressed that fairly recently.
Found it - thanks - never ventured down to that forum before!
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Old Jul 3rd 2005, 6:02 pm
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Default Re: Going back to UK for extended period

Originally Posted by cindyabs
Thanks - thats pretty much what I thought....didn't know about the change of address requirement though!!! I've just been thru all the info I got with my green card (ie not a lot), and its not mentioned at all. Will have to remember to do that once we come back to the new house.
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Old Jul 3rd 2005, 6:03 pm
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Default Re: Going back to UK for extended period

Originally Posted by Brit3964
The other option might be to take all evidence that you are still retaining a permanant residence here, ie. take mortgage, rent agreements, payment history, US issued bank account and credit card info with you to show the POE guys when you return back here.

Good idea - plus I'll have the paperwork for the new house that we are buying, so hopefully that should count for something too.
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