So what happens if

[gwenneh 7]

I'm just curious, since we got our visa last week, arrived in the US yesterday, and things may change radically in our situation in the next few weeks....

What happens if we start adjusting status-as we intend to do-but then are suddenly called to live back in the UK?

[pax 0]

It depends when you have to go back in the process. If your husband abandons his AOS application because he's outside the States for a long period of time, nothing *bad* will happen, but he'd need to apply for a spousal visa to get back in.

Why don't you apply for AP with your AOS? That way, if his need to return to the UK is on an intermittent and temporary basis, it won't affect his AOS as long as his net time in the States is greater than his net time in the UK. Or are we looking at a situation in which he'll have to stay in the UK for, say, a number of consecutive months?

[Kez/JWolf 6]

you would abandon your AOS... thats what would happen....

Why do you think you will have to return to the UK???

Kezzie

[rebeccajo 14]

you would abandon your AOS... thats what would happen....

Why do you think you will have to return to the UK???

Kezzie

Yeah, enquiring minds want to know.............

[eau_xplain 2]

Gwen,

It depends at what stage of the adjustment process Russ will be when you have to go back to live in the UK.

If adjustment application is still pending, then Russ will probably have to abandon it and just do DCF filing for IR1 when y'all are ready to come back to the US.

If the adjustment application has been approved and Russ has received his green card, then he can get a re-entry permit so that he can stay outside the country for longer than 1 year. But, there has to be sufficient proof that y'all have not abandoned residence in the US and that your being overseas is only temporary. (This is the tricky part as it is up to USCIS to declare whether you have abandoned residence or not).

If you expect you have to live in the UK for an extended period, it might be better not to file for adjustment in the US and just file in UK when Russ are ready. This means, however, that you have to make sure Russ do not incur any overstay beyond 180 days here.

It's all very tricky and you have to weigh carefully what will work best for both of you.

[pax 0]

If adjustment application is still pending, then Russ will probably have to abandon it and just do DCF filing for IR1 when y'all are ready to come back to the US.

Just know that London is pretty tough when it comes to DCF. Last I heard, they would only allow DCF if the U.S. half of the couple had ILR (Indefinite Leave to Remain) the UK, which is different from LLR (Limited Leave to Remain). If you, Gwen, enter the UK on a spousal visa, you'll get LLR, and I think you're eligible for ILR after two consecutive years spent in the UK. Don't quote me on all of that, but I think it's at least mostly right. It's something to check into, at any rate.

[gwenneh 7]

Thanks, guys! Yeep! This is getting complicated!

After going through the process to get the K-1, all of a sudden Russ has received the FANTASTIC DREAM JOB OFFER in the UK. So we have to weigh our options carefully. I'm all for packing up and heading back to the UK tomorrow (if we could) but it's going to take a few months to get the funds up. At that point it will probably be past the expiry date of his K-1, but before the AOS has completed. So we're kind of in a bind. I don't want to see him let this opportunity slip by, but I also know we need to be in the US on June 3rd for the big old wedding reception my parents are throwing us and the restrictions on travel are going to be a problem if we leave before then and try to get back in.

Gah. Complications suck.

[pax 0]

Why not try this...

Your K-1 should be good through July. If you and Russ both think this job is a good move, have him stay in the UK and take it. But have him come over on his K-1 so you can get married and start the ball rolling on your UK spousal visa. (Contrary to what some people here think, I do not believe it is a matter of filling out a form and showing up at the Consulate in New York.) Then he can go back and start his job.

With the matter of the wedding reception, someone else can probably fill you in more, but I would think he could come back on VWP as long as he explains the situation correctly and has plenty of proof that he'll be returning to the UK afterwards. You might want to write to the Consulate in London explaining this. You might also want to have him carry some proof of your UK spousal visa, if you have it by then, to back up his statement that he's only coming here temporarily to have your wedding reception and then go back to the UK with you. It seems to me that would get him through all right, but I'm not positive. Too bad Imiak's not posting these days.