Not sure where to post this....

[Chrissy25 0]

Hubby and i are most likely moving back to the UK after the new yr, my question is i am hoping to apply for my citizenship before we leave, but if i dont manage to i'm wondering if down the line we decide to move back to the US what would i have to file? i have my 10 yr greencard

[kokobearus 4]

Hubby and i are most likely moving back to the UK after the new yr, my question is i am hoping to apply for my citizenship before we leave, but if i dont manage to i'm wondering if down the line we decide to move back to the US what would i have to file? i have my 10 yr greencard

If you are out of the country for more than 1 yr,you have to begin your journey again by waiting 3 years of resisdensy in USA.

[Heracles 417]

I have been wondering about the same thing.

Hubby and i are most likely moving back to the UK after the new yr, my question is i am hoping to apply for my citizenship before we leave, but if i dont manage to i'm wondering if down the line we decide to move back to the US what would i have to file? i have my 10 yr greencard

If you are out of the country for more than 1 yr,you have to begin your journey again by waiting 3 years of resisdensy in USA.

You're joking right.

Edited November 17, 2008 by Aficionado

[TayRivers 4]

Hubby and i are most likely moving back to the UK after the new yr, my question is i am hoping to apply for my citizenship before we leave, but if i dont manage to i'm wondering if down the line we decide to move back to the US what would i have to file? i have my 10 yr greencard

If you move back to the UK and give up your residency here in the US then you would have to start all over again with a spousal visa if you wanted to come back to live in the US.

If you were to apply for Citizenship you would have to be living in the US while it was being processed and that can take up to 12 -14 months depending on where you are, but once you had citizenship you could move to the UK and then return without having to file anything. Just remember that you would need to file a US tax return no matter where you were living.

[Heracles 417]

Out of curiosity, does anyone know if that is just a US thing? I did not think that the UK or AUS PR visas had such stipulations.

Edited November 17, 2008 by Aficionado

[Chrissy25 0]

thanks for the replys, do you know if filing the spousal visa is as long a process as the i29f? plus what is the official name of the spousal visa form? and you can file that from the UK?

[TayRivers 4]

thanks for the replys, do you know if filing the spousal visa is as long a process as the i29f? plus what is the official name of the spousal visa form? and you can file that from the UK?

It would be an IR1 and yes if you meet the conditions you can file from London. Last time I checked it was about 8 months to a year for IR1

[elmcitymaven 9,712]

Out of curiosity, does anyone know if that is just a US thing? I did not think that the UK or AUS PR visas had such stipulations.

UK certainly does -- I have Indefinite Leave to Remain (equivalent to the 10 year GC, except it doesn't require renewal after 10 years) in the UK, and have been told that after 2 years living in the US I will be deemed to have abandoned my status. Of course, getting it again is a LOT simpler than reinstating US PR.

[elmcitymaven 9,712]

thanks for the replys, do you know if filing the spousal visa is as long a process as the i29f? plus what is the official name of the spousal visa form? and you can file that from the UK?

Actually,if you file from the UK (using a process known on VJ as Direct Consular Filing or DCF) the timeline is generally about 4-6 months. You will need to file an I-130 and G-325a's at first instance with London. It is fairly straightforward, and as said above will result in an IR-1 visa, and eventually another 10-year GC.

Info is on the London Embassy website: http://london.usembassy.gov/dhs/uscis/i130filing.html.

[Chrissy25 0]

thanks for the replys, do you know if filing the spousal visa is as long a process as the i29f? plus what is the official name of the spousal visa form? and you can file that from the UK?

Actually,if you file from the UK (using a process known on VJ as Direct Consular Filing or DCF) the timeline is generally about 4-6 months. You will need to file an I-130 and G-325a's at first instance with London. It is fairly straightforward, and as said above will result in an IR-1 visa, and eventually another 10-year GC.

Info is on the London Embassy website: http://london.usembassy.gov/dhs/uscis/i130filing.html.

thankyou for the info, out of intrest do i have to turn in my greencard when we decide to leave? plus say if hubby and i come visit on vacation will i have problems with US customs?

[moonhunt 1]

thanks for the replys, do you know if filing the spousal visa is as long a process as the i29f? plus what is the official name of the spousal visa form? and you can file that from the UK?

Actually,if you file from the UK (using a process known on VJ as Direct Consular Filing or DCF) the timeline is generally about 4-6 months. You will need to file an I-130 and G-325a's at first instance with London. It is fairly straightforward, and as said above will result in an IR-1 visa, and eventually another 10-year GC.

Info is on the London Embassy website: http://london.usembassy.gov/dhs/uscis/i130filing.html.

thankyou for the info, out of intrest do i have to turn in my greencard when we decide to leave? plus say if hubby and i come visit on vacation will i have problems with US customs?

Actually you have a couple of options.

You can surrender your green card in US embassy when you are in U.K. if you are sure to stay there.

Probably you will know it for sure when you stay there for 6 months or so.

For temporary visit to U.S., you shouldn't have much of problem with VISA.

I don't know whether U.K. is a part of Visa Waiver Program or not.

But if UK is a part of VWP, you don't even need the VISA for short period of visit such as 90 days or less.

If you decide to come back to U.S. for permanent stay, you have three options.

1) Returning Alien processing from US Embassy in U.K.

There is special category for somebody, who give up permanent residency on his/her will, then decide to come back to U.S. as permanent resident again.

2) K3 visa (also known as Spouse Visa)

I believe it will use I-129F along with I-130.

It may make short for coming in U.S. for a couple of months faster than IR1 case, but sometimes not much different from IR1.

3) IR1

I-130 filing alone.

But you can use Direct Consular Filing (DCF) to facilitate your process, so there will be not much different from K3 visa, I think.

Big difference between K3 and IR1 is that K3 will come into U.S. first, then process rest of I-130 in the U.S.

But if you use DCF for IR1 case, there should not be big difference.

Returning Alien may be shortest, and K3/IR1 should be similar timeline if you use DCF.

Again, this is current information, and it can be changed at any time without further notice.

[T and M 1]

thanks for the replys, do you know if filing the spousal visa is as long a process as the i29f? plus what is the official name of the spousal visa form? and you can file that from the UK?

Actually,if you file from the UK (using a process known on VJ as Direct Consular Filing or DCF) the timeline is generally about 4-6 months. You will need to file an I-130 and G-325a's at first instance with London. It is fairly straightforward, and as said above will result in an IR-1 visa, and eventually another 10-year GC.

Info is on the London Embassy website: http://london.usembassy.gov/dhs/uscis/i130filing.html.

thankyou for the info, out of intrest do i have to turn in my greencard when we decide to leave? plus say if hubby and i come visit on vacation will i have problems with US customs?

Yes, DCF from London currently takes around 5-6 months. 4 months to have the I-130 petition approved and a month or two of waiting for the IR-1 or CR-1 interview. The main thing is the cost. The I-130 is $355 to file and the IR-1 visa costs another $400 or so.

Speaking as someone who has Bolivian permanent residence, I can't leave for more than 90 days without permission. So other countries have similar rules. You aren't "free" until you get citizenship, which I firmly recommend that you file for now.

You don't actually have to be in the US when you file for citizenship, you just have to come back for your interview, and show that you haven't abandoned your residency. Why not file as soon as possible (how long do you lack before the 3 years?) and when your husband moves to the UK, you go with him, but maintain all your US accounts, an address in the US, continue filing taxes, renewing your drivers license etc. Don't sell your property or do ANYTHING. Continue coming back to the US every 5 and a half months, never buy fights originating in the UK....basically, maintain your residence in the US while your citizenship is processed. You will be glad you did.

The other option involves what your husband is doing in the UK. Will he be working for a US company or the US goverment? If this is the case, you can file for citizenship from abroad.

Not sure about surrendering your green card. I would check with an attorney about that. Technically, I think you can try to re-enter as a US permanent residence, but will probably be denied entry, especially if it has been over 6 months and you can't prove that you maintain US residency. At that point, you would probably have to enter on the VWP as a tourist, giving you 90 days in the country.

Unless your husband will be working for a US company in the UK, I say maintain your US residence at all costs and apply for citizenship as soon as you can. Fly back and forth as much as possible. You will thank yourself when you get your US passport and you and hubby will never be separated again due to your nationalities.

[moonhunt 1]

For "Returning Alien", you can check here for brief understanding.

http://travel.state.gov/visa/immigrants/info/info_1333.html

Each US embassy may have their own local rule for this one, so you may want to check US Embassy website in U.K.

If you want to stay in U.K. for more than 2 years, probably IR1 with DCF will be better option in my opinion.

If your husband is US Citizen, he has to file federal tax return for his income no matter where he lives.

It apply to Permanent Resident, too.

Tax report for income from anywhere in the world.

I'm not sure about income generated from Moon, Jupiter, or Mars.

[Chrissy25 0]

another thing, is it possible foe me to become a dual citizen of the US and the UK?

[T and M 1]

another thing, is it possible foe me to become a dual citizen of the US and the UK?

It's not just possible; it's recommended. By obtaining the citizenship of your spouse's country, you have full rights to live with each other in the country of your choice. Your husband should work towards UK citizenship as well.

Very few countries will take away your citizenship when you obtain a new one. And the number is dropping rapidly. The rule is that you must present yourself as a citizen of that country if, indeed, you are. No entering the US on your UK passport after you obtain US citizenship and no entering the UK on your US passport once your husband obtains his UK citizenship.

You can have as many citizenships as you want, assuming you meet the requirement of that country and stay out of the armed services of every country!