Questions about moving back home

[KaiserD 12]

I doubt I am the first person in this kind of fix, so hoping some others can advise me, I would really appreciate it!

Oh and sorry if this is the wrong forum, I thought they made a separate forum for this but I can't find it? Hmm...

I am coming up to having to apply to have my conditions removed here in the US but things are pretty rough here right now. I love my husband dearly, we get on great (most of the time haha ) and I have a 6 month baby who I love very much. Due to a series of unfortunate circumstances I have been unable to work since I arrived (waiting on work permit, couldn't get provisional driving permit because of some ####### up at social security office with my SSN, then when I did get it I was very sick with my pregnancy with HG, now working on getting permit but I'm full time mum so can't work anyways).

My husband lost his job just before christmas, we already currently live with inlaws and until recently was a smooth going relationship with the usual bumps of sharing space and whatever. We have some money in savings to cover us so we can afford the fees about removing the conditions and buy diapers and a few things for the baby, but of course no health insurance for me or DH. I hope every day that we don't get hit by an idiot in the car every time I go out the door and I hate playing roulette with my health. Last night though, and not for the first time my MIL went on a passive-aggressive rant about how badly we are raising our son even though the pediatrician told us we are doing fantastically and that our son "had won the parent lottery" lol

All of this is making going back to the UK a really attractive option right now. It would be hard living at my mother's because of the space but she cannot work and my grandfather could help look after my son meaning I can do at least part time work to bring some money in (even though there are no jobs right now lol). I understand that I cannot get much help from the NHS for 12 months? But beyond that, I don't really get a lot of the information about getting visas to go back to the UK, I guess I am still kind of upset and can't think all that great.

I hate being so dependent on my in-laws, I want to go back to work and be supportive and responsible to my son but here it is just not possible. Day care costs way more than I could ever make. We are 25, owning our own space is way over due.

What's the basic information about going back to the UK? Could we get any kind of job seekers allowance while we get established? Or am even I not entitled to anything because I left? Do we all need a sponsor, or just my DH and son? Can my son still get medical care and things like shots? Are employers as critical of US education and work histories as the US is to everyone else?

This is a crappy situation all around, I don't think my inlaws will ever forgive me if I take us all back home (especially since this is their first and only grandchild), while they have done a lot to support us here they never have cared very much for everything I gave up to come here (or that my mum is missing out on everything). I don't care if they think I'm incompetent about housework or not very smart but the way they have been attacking our parenting is really getting under my skin. I love both the UK and US for different reasons, neither is better than the other and both come with their unique difficulties.

If anyone has any advice, I would love you so much lol

Oh and I am guessing a few people might be critical because we had our child before we were really financially secure. That is fair enough! though husband did have what we thought was secure job before the economy went down and I have endo, I am at a fairly advanced stage so I was lucky to get him at all. Gynae told me if I was going to try do it soon as possible. I also am trying to build up my skills to work as a graphic designer at home as soon as baby can entertain himself a little longer but I only have a National Diploma in design (ironically, I was trying to avoid the debt of uni to the start of our marriage)

I will be back later to give advice to others too, this forum has always been really helpful and supportive

[YuAndDan 153]

Keep in mind, moving to another country with intent of residing there can get your green-card revoked, and you may need to start all over again to get a spousal visa or returning resident visa to return to USA to live. I would file an I-131 for a re-entry permit, and maintain a US Domicile address while away, as well as file IRS returns.

Maintaining Permanent Residence You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

• Move to another country intending to live there permanently.

• Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.

• Fail to file income tax returns while living outside of the US for any period.

• Declare yourself a “nonimmigrant” on your tax returns.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

[KaiserD 12]

Thankyou!

I assumed that I would have to start all over again with a spousal visa and if that were to occur we could all remain in the UK until we get approval right? Would they deny a spousal visa because I had abandoned my petition in the past?

I would definitely do as you suggested if I did decide to return home. Thanks for the link, I will have a better read over it when I'm in a better state of mind lol

[Welshcookie 17]

Hi KaiserD.....there is lots of info here regarding visa requirements for your husband. Good luck!

http://www.ukvisas.gov.uk/en/

[YuAndDan 153]

Thankyou!

I assumed that I would have to start all over again with a spousal visa and if that were to occur we could all remain in the UK until we get approval right? Would they deny a spousal visa because I had abandoned my petition in the past?

I would definitely do as you suggested if I did decide to return home. Thanks for the link, I will have a better read over it when I'm in a better state of mind lol

If your planed stay is in the UK for less than 2 year, file an I-131 for re entry permit, and maintain your US residency status.

More: http://unitedkingdom.usembassy.gov/cons_ne...ngresident.html

Also if you do give up LPR status, this will not be held against you when applying for another immigrant visa, US citizen spouse if is resident in UK can simply file the I-130 to USCIS London.

Lastly, one other option, is if you could somehow stick it out for another year in the USA, you could file an N-400 and naturalize, you would then be a "Dual Citizen" and will never have to worry about filing for a visa, or re-entry permit in the future.

[Trompe le Monde 1,107]

some good websites for help on going in the other direction:

http://uk-yankee.com/

http://britishexpats.com/forum/forumdisplay.php?f=61

[KaiserD 12]

I saw the website but I had a hard time understanding some stuff, like do I have to file 2 kinds of visas and it made it sound like I have to have one too?? I have a headache and still kind of upset so I might just not be reading it properly. Gonna take a break soon maybe I will understand it better when I come back.

I never really did understand the rules to duel citizenship, I wanted to do that

The other communities look great, I will check them out in a little while.

Thankyou all so much! I didn't know I had other options.

[gwenneh 7]

...I understand that I cannot get much help from the NHS for 12 months?...What's the basic information about going back to the UK? Could we get any kind of job seekers allowance while we get established? Or am even I not entitled to anything because I left? Do we all need a sponsor, or just my DH and son? Can my son still get medical care and things like shots? Are employers as critical of US education and work histories as the US is to everyone else?

We've done this before. We plan on doing it again after the Little Demon is born.

You are the UK citizen, yes? There is no wait time for either you, your spouse, or your son for the NHS-you are all eligible immediately. If you meet the requirements for job seeker's allowance, housing benefit, or any other benefits you may claim them - you just may not claim extra for your husband, only your son (as long as you've gotten his UK passport). If you are all moving back together you will need to show some savings, as a way of supporting yourselves if you don't have an established job and some payslips from the UK. On my UK spouse visa application we said that we would be living with my mum-in-law, and my husband was my sponsor.

I didn't find that employers were critical of my US education and work history at all, but then again, neither has my husband found the opposite to be true in the US.

I highly suggest coming on over to uk-yankee.com and checking out the visas section. There is some very invaluable advice in there on the how, where, and when to go about getting your visa. The process has been overhauled several times since I did it two years ago, but I stay on top of it with that forum. It's a gold mine of information! The process itself is still very straightforward, especially by comparison to the US visa process!

Good luck in whatever you decide. I can certainly sympathize on a lot of your points.