Suspending residency

[Eruname 0]

There's really not a proper forum to place this in so I apologize.

My husband and I are at the point where we would be applying to remove the conditions on his residency this August. But we are moving to the UK (just got my visa today!). I am wondering where we would write to to let immigration know that we are not continuing his US residence. I don't want to have any issues with him getting into the country when we want to visit in the future, so want to have this squared away neatly and properly.

[jamieswith 0]

There's really not a proper forum to place this in so I apologize.

My husband and I are at the point where we would be applying to remove the conditions on his residency this August. But we are moving to the UK (just got my visa today!). I am wondering where we would write to to let immigration know that we are not continuing his US residence. I don't want to have any issues with him getting into the country when we want to visit in the future, so want to have this squared away neatly and properly.

Well nobody answered... lol so I guess I will.

The fact is you do not need to notify them - if he abandons his residency by leaving the US for more than 12 months then that does the trick... also not filing for removal of conditions in and of it's self ultimately leeds to loss of resident status.

[imailin 0]

There's really not a proper forum to place this in so I apologize.

My husband and I are at the point where we would be applying to remove the conditions on his residency this August. But we are moving to the UK (just got my visa today!). I am wondering where we would write to to let immigration know that we are not continuing his US residence. I don't want to have any issues with him getting into the country when we want to visit in the future, so want to have this squared away neatly and properly.

If I would you, I would apply for the removal of conditions, you never know what life brings, maybe in the future you would like to came back and it is going to be more difficult for him to get legalized!

[jamieswith 0]

If I would you, I would apply for the removal of conditions, you never know what life brings, maybe in the future you would like to came back and it is going to be more difficult for him to get legalized!

I must say, there's a good part of me that agrees with this... if you can afford the fees... file a re-entry permit also and then if things don't work out, or if you descide you want to come back to the US - you can! without having to go through the wait of immigration again...

Seems a shame to waste all the time you spent waiting etc...

But again, it's up to you, and of course it's all very expensive and you might not be able to afford it... plus then there's all the time involved...

[jula 0]

There's really not a proper forum to place this in so I apologize.

My husband and I are at the point where we would be applying to remove the conditions on his residency this August. But we are moving to the UK (just got my visa today!). I am wondering where we would write to to let immigration know that we are not continuing his US residence. I don't want to have any issues with him getting into the country when we want to visit in the future, so want to have this squared away neatly and properly.

When do you plan to move?

First, I support the idea of removing conditions and then getting re-entry permit if that's doable. That will give you a few years to see how the things work out in UK.

If not.. I suggest your husband visits the US embassy in UK and formaly give-up residency (return GC). There is aform for that and he'll get a copy to carry with him so there wouldn't be extra questions when traveling to the USA.

Edited March 14, 2008 by jula

[ikyang 1]

if you have the money go ahead and apply to remove conditions...they are right, life doesn't guarantee anything, so you can come back to US anytime.

[Scalpel 14]

If I would you, I would apply for the removal of conditions, you never know what life brings, maybe in the future you would like to came back and it is going to be more difficult for him to get legalized!

Agreed. I will also want the OP to realize that once he gives up his GC:

1. It will be near impossible to get it back once you give it up - even if you change your mind.

2. If you change your mind in the future and you want to re-file a GC application for him to be an LPR, you have to wait AT LEAST 5 years.

3. It will be very difficult or near impossible for your husband to reenter the US in the future on a VWP (afterall he has demonstrated immigrant intent).

4. From then on, to enter the US to visit your family, for vacation or for any reason, he will have to apply for a specific visa and wait in line just like the citizens of non-VWP countries. Even then, there is no guarantee that any visa application will be approved.

This is just a shortlist of the consequences of giving up US residency. Think hard before you make a move and good luck with your decision.

Edited March 14, 2008 by Scapel

[Eruname 0]

I appreciate the responses!

My husband is leaving on March 24, so there is no way we would be here when it comes time for the lifting of conditions appointment. Secondly, we really don't have the money to apply for it (international moves and British visas aren't cheap!) nor have we been diligently saving all the things you are told to save as evidence since we knew we'd be moving.

Also, I know I do not want to do another international move, especially not in the next few years. We've already spent the last three years thinking "Oh, we shouldn't buy that because we know we'll be moving to the UK at some point". I'm ready to be settled, work towards getting a house and property and start planning a family. I want to move and stay there and he feels the same. He's had his experience in the US and that's it.

I find it a bit absurd that anyone who has had residency in the US and then decides to move back to their home country can never visit the US again. I don't see why he would not be able to visit if we were honest about the situation...ie letting them know he no longer wishes to have US residency. I will have British residency, a visa, hopefully in three years dual citizenship, we'll both have proof of jobs, lease/mortgage, bills, etc which would prove that he has no intention to immigrate. The only reason he came over here was for me and if I'm not here but in the UK, there's no point in him being here.

Why would he have to apply for a visa to visit the US with me? Where did this information come from?

[WenRI 0]

Why would he have to apply for a visa to visit the US with me? Where did this information come from?

I guess what people tried to say is it would be a little difficult for him to come back to usa to visit your family with you.

[Scalpel 14]

I find it a bit absurd that anyone who has had residency in the US and then decides to move back to their home country can never visit the US again.

No one said "never." Rather, the consensus was that it was going to be difficult.

I don't see why he would not be able to visit if we were honest about the situation...ie letting them know he no longer wishes to have US residency...The only reason he came over here was for me and if I'm not here but in the UK, there's no point in him being here.

I don't think this is an issue about honesty or dishonesty. It's more about the laws. There are many spouses and families living across different borders because of the complexity US immigration laws that makes unification difficult. When you get to the UK, check with the US Embassy about filling out an I-407. (I believe) That's the form to fill out to confirm his intention to abandon US residency and turn in his GC. They will also properly advice you and your hubby of the consequences of abandonment and any reentry problems (if any) that he might face in the future. I don't know with certainty how filling out this form changes things but you might want to ask embassy officials.

Why would he have to apply for a visa to visit the US with me?

Probably because he will no longer fall into any of the easiest and visa-free means of reentering the US. He is neither a USC (and BTW, he probably cannot become one once gives up his US residency. Read "who may file" here) nor a LPR, plus he might no longer be admissible under the VWP which means he might need a visa for any future reentry. Again, you might want to double-check this with a US immigration attorney or the US embassy in London.

Where did this information come from?

Read more about the VWP program here and here.

[Staashi 371]

I realize that you all are ready to go to England and give up his residency. I caution you on this, as it may be not the wisest choice right now. After everything you all have gone through, I think you might want to stick it out a little while longer here. Your husband should at least try to naturalize, which he can apply for next August. The reason I say this is, what if you get to England and HATE it. You can't find a job, you hate the climate, it is ungodly expensive, etc. etc. Also remember, whatever your husband went through to adjust to here, you will have to do over there...which can be a whole new strain on your marriage. I'm not saying that the US is a better place to live, but as many of us recall, whatever we went through with our spouses when they came to the US, we'd have to do a second time over there. What will you do if things don't work out? Your husband, after abandoning his residency will not be allowed back in for more than two years - I think. See, USCIS sees it as a priviledge that they're bestowing the favor of their kindness (i.e. residency and a chance for citizenship) upon you and your husband. When people give that up, they see it as somewhat of a slap in the face and then it can be awhile for them to reconsider you.

I say this with all sincerity, as things don't always work out when someone changes their lifestyle or country for another. My husband and I have talked about moving to Argentina or some other place when he naturalizes as we have found things to be difficult here for him to find a good job in his field. So, we will think beyond our borders when his citizenship goes through. But as he says, "I will not have done all of this work in vain just to leave it all behind and have to redo everything with USCIS in the future".

Good luck with whatever decision you make. All I know, I would hate to have to go back through the I-130 process, AOS interview, and all the other groovy things if this doesn't work out in Jolly Ole England.

[Staashi 371]

One other thing, you will need to read up about "Termination of Status" which is what this truly boils down to - there is no such thing as suspending your residency.