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Looking to move to California

Looking to move to California

Old Dec 9th 2014, 9:14 pm
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Smile Looking to move to California

My partner has lived in California for over 20 years and has a green card, he is now back in the UK. However he is considering returning and I am seeking to go with him for a visit initially then we plan to marry and he wants to bring me over as his spouse. I would just like to know about jobs in healthcare as I am current undertaking Access to Nursing and hoping to go to Uni. Would appreciate if anyone could give me any information. Thanks
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Old Dec 9th 2014, 9:23 pm
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Default Re: Looking to move to California

How long has he been back in the UK? If it's more than 12 months his green card may have been voided. If he hasn't maintained a home in the US, and other trappings of residence such as a bank account and filed a tax return every year, the risk of his green card having been voided is much higher.
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Old Dec 9th 2014, 11:00 pm
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Default Re: Looking to move to California

Green cards, or "permanent residence" is only "permanent" when you are actually "resident" in the USA, with a few exceptions. You are allowed to visit overseas, and generally trips of less than 6 months do not raise any problems. After six months the effort is on you to prove you have maintained a residence (rent, utilities, bank accounts, etc) and your extended period away did not mean you were abandoning your green card. How difficult this can depend on the mood of the officer at the border of the USA. After a year abroad they basically assume you have abandoned residence and you'll have a very tough time convincing them otherwise.

There are ways to get extended time abroad and maintain your green card, but it requires some paperwork before you leave.

If you can sort this situation out, the next problem becomes getting married to him and moving forward with a marriage visa. We have a specific forum for those questions.

"Access to Nursing"--sorry I don't know what that is. Is it a course to become a nurse, or are your already one? A search of this forum for "nursing" will reveal quite a bit on the current state of being a nurse in the USA and what procedures are required for the different state requirements.
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Old Dec 9th 2014, 11:08 pm
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Default Re: Looking to move to California

Originally Posted by penguinsix View Post
.... "Access to Nursing"--sorry I don't know what that is. ......
I think it is a foundation course for nursing, presumably getting potential nurses up to speed on maths and sciences. .... The OP would probably best served in researching how to get from where she is (academically speaking) to becoming a nurse through the US education system, rather than embarking on British nursing courses that might be either unhelpful or have to be mostly repeated in the US.
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Old Dec 9th 2014, 11:56 pm
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Default Re: Looking to move to California

Abandonment of green card status is a tricky area often misunderstood. I recommend consultation with an immigration attorney who has TRIED an abandonment case. If the attorney draws a blank stare if potential client mentions "Kane" or "Huang" she is not the person to consult with. [e.g. most immigration lawyers really don't know the area].
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Old Dec 10th 2014, 12:26 am
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Default Re: Looking to move to California

Originally Posted by bajanwoman View Post
My partner has lived in California for over 20 years and has a green card, he is now back in the UK. However he is considering returning and I am seeking to go with him for a visit initially then we plan to marry and he wants to bring me over as his spouse. I would just like to know about jobs in healthcare as I am current undertaking Access to Nursing and hoping to go to Uni. Would appreciate if anyone could give me any information. Thanks
How long has he been back in the UK, and when is he considering returning to the USA?

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Old Dec 10th 2014, 8:19 pm
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Default Re: Looking to move to California

Definitely speak to a immigration lawyer with experience in this....it's not clear he still has status here....and as he's not a US citizen, it's not a instant thing getting you a spouse visa either once you're married.
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Old Dec 10th 2014, 8:42 pm
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Default Re: Looking to move to California

My partner has been in the UK since February this year and does intend returning. His green card expires in 2016 but we intend to visit next year.
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Old Dec 10th 2014, 8:44 pm
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Default Re: Looking to move to California

Originally Posted by Bob View Post
Definitely speak to a immigration lawyer with experience in this....it's not clear he still has status here....and as he's not a US citizen, it's not a instant thing getting you a spouse visa either once you're married.
At one time spouse visas for green card holders were taking years. Don't know if it's still the case but it was often quicker to just get citizenship first before applying for an immediate relative visa. Obviously to apply for citizenship he'd need to have a green card first.
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Old Dec 10th 2014, 9:27 pm
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Default Re: Looking to move to California

Originally Posted by bajanwoman View Post
My partner has been in the UK since February this year and does intend returning. His green card expires in 2016 but we intend to visit next year.
There's more to it than the expiry date on the greencard.

Generally speaking a US PR visits other countries and returns to his residence in the US, he doesn't visit the US. Careful with use of language.
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Old Dec 10th 2014, 9:29 pm
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Default Re: Looking to move to California

Thank you for your responses. He has status in the UK as he is a British Citizen but has a green card as he lived in California for over 20 years and has an ex-wife and children there. He returned to the UK as his siblings are here. Either way I will look into the details of going to California and his green card status.
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Old Dec 10th 2014, 10:35 pm
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Default Re: Looking to move to California

Yes, thank you for reminding me about the language, you are correct.
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Old Dec 10th 2014, 10:48 pm
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Default Re: Looking to move to California

The "expiration" date of his Green Card is not what is relevant. What you need to search for is "Green Card Abandonment" and how that can occur, even without any action on your part. He may have unintentionally "abandoned" his Green Card already.

Please note that your partner, now 10 months out of the USA, has entered the danger zone for abandonment. The presence of an ex-wife or children is helpful but not the same as maintaining residence in the USA, and his physical presence abroad for more than 12 months can cause significant problems. He should be looking--immediately--into the steps necessary to protect his Green Card, even to the point of returning to the US for awhile.

I'd recommend he do some research and consult some professionals--quickly.

Unintentional Abandonment of Lawful Permanent Resident Status: Causes, Consequences and Prevention | Mshale

Last edited by penguinsix; Dec 10th 2014 at 10:50 pm.
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Old Dec 10th 2014, 11:28 pm
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Default Re: Looking to move to California

Did he by any chance obtain a re-entry permit before leaving the USA?

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Old Dec 10th 2014, 11:51 pm
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Default Re: Looking to move to California

Originally Posted by bajanwoman View Post
My partner has lived in California for over 20 years and has a green card, he is now back in the UK. However he is considering returning and I am seeking to go with him for a visit initially then we plan to marry and he wants to bring me over as his spouse.
Besides the possible abandonment issue, you would be considered a family sponsored preference of F2A. According to the visa bulletin, F2A currently has a priority date of March 2013. That means that once you got married and a immigration petition was filed, it will take about 1 3/4 years before the petition becomes current plus another 8-10 months to process the petition/visa before you could immigrate to the US.

Legal permanent residents do not have 100% of the rights of citizens. If he was a citizen, there isn't any priority date and the petition processing will start immediately. Therefore if possible, he should naturalize if you want to immigrate anytime soon but he cannot naturalize while living outside the US.

Visa Bulletin For December 2014

Last edited by Michael; Dec 10th 2014 at 11:55 pm.
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