Perm Res & US Citizen to UK - max stay?

[Nik+Heather 121]

Two of my friends have immigrated to the UK in the past year, one on a work visa and one on a spouse visa. They are lightning fast compared with the US visa process, but they also COST! Your husband can go at any time, and if you waited at home for the visa you would only be a few weeks behind (if that).

[Krikit 1,165]

2. How long can my husband (US permanent resident) stay out of the US? I think it is 3 years but now sure.

CBP FAQ - Permanent Resident & Re-entry

[Brother Hesekiel 2,236]

Shari,

if your husband moves back to England PERMANENTLY, as you stated, he will lose his resident status immediately. In order to preserve it, he would have to maintain his US residence. On absences up to 6 months, the issue usually will not even come up when entering the US again, but when coming back after 7 months or later, there's a good chance that CBP will ask him to show proof of residence via lease/mortgage, car insurance, etc.

Theoretically, A LPR can apply for a reentry permit before leaving the US. It is valid for 2 years but even here we are not talking about giving up US residence, just a forseable absence from the US for a certain period.

As I suggested before, MAIL out an N-400 TODAY!

Get some photocopies, 2 passport photos (AAA), and throw in a check for $675. Worst scenario is that hubby will have to by 3 roundtrip tickets (biometrics/interview/oath), but isn't a second citizenship and the piece of mind linked to it worth $3,500 to $4K? For me, it would be . . .

Edited September 29, 2010 by Just Bob

[Krikit 1,165]

This is not a permanent move.

Edited September 29, 2010 by Krikit

[Trompe le Monde 1,107]

If you are planning on being there for over 6 months without returning to the US I think the only possible way would be through a spousal visa (unless work could sponsor you, which I assume is remote). If you think it will be a couple of years and do not get spousal visa you technically can not re-enter the UK every 6 months to get a new stamp, as you are not supposed to "live" in the UK visa-free, and you would not be able to work.

I would closely follow developments at uk yankee, because visas are being given a major overhaul in the next couple years

[elmcitymaven 9,712]

Having done the spousal visa route myself (albeit about 14 years ago), I can confirm that it is a) fast and b ) spendy. I have a friend who was married and doing the whole six months in the UK, ducking out for three weeks to go home to America, then another six months... it didn't take too long before they deported her. Not worth it. It really is a doddle compared to going the other way. If you get a visa, it's excellent insurance just in case you do need to spend longer than six months.

Not sure what the process is like now, but back in 1996 it involved a five minute chat in person to the vice consul who knew my stepfather-in-law very vaguely; he remarked favourably upon my CV and we were sent off to go get lunch. When we came back 2 or so hours later, I had a visa. I understand it takes a LITTLE longer now but I look back at the experience and find it amusingly simple and quaint compared to going the other way around!

[JoannaV 174]

Like some people have said, the main problem is your husband keeping his permanent resident status. If you will be in the UK for less than 6 months, then it will be fine. If longer than 6 months then you will need some kind of visa from the UK: which will make it harder to hide from the US that the two of you are basically living abroad. The variable here is your mother-in-law's health, which makes it so so hard. *hugs*

If your husband is eligible for citizenship (eg hasn't been out of the US for too long in the last three years) then you might want to immediately apply for that. Then, you can go to the UK and he'll just have to fly back for the various appointments. If you end up needing to be in the UK for more than 6 months, you can then apply for a UK visa at that point. (Might involve flying back to the US, but I think you might be able to change your status whilst in the UK...but maybe not.) This option seems to be the most workable, although it will involve spending quite a bit of money in the next 6 months and also a bit of flying around. It may also end up being not necessary: but having citizenship will always be useful in the future.

If that option isn't possible or likeable for some reason, then you will be forced to make some decisions that may be good, may be bad. Maybe you will only need to be in the UK for 6 months or less, in which case you can both go there and then come back. You might be there for a lot longer and try to keep his green card by flying back frequently - but eventually this tactic may fail and you will have paid for a lot of plane tickets plus need to reapply for his green card anyway. As you are prepared to stay there as long as it takes and also to pay for those plane tickets, maybe it would be best to rather be prepared to just move to the UK and then reapply for the green card when you are ready to come back. That way you will both be able to work without any worries, you won't have to worry about him keeping his status, you can just focus on his mother.

If you want to avoid a scenario in which you are stuck in different countries, then you do want him to either get his citizenship or you have a visa. If you try to "live in both countries" then it might work, but it might result in Britain tossing you out and America not letting him back in. At least if you have a UK visa you will be able to stay with him if he does need to reapply for his green card.

(Don't assume that him losing his permanent resident status would be a horrible thing. If you end up in the UK for quite a while then it won't be that complicated or expensive to reapply.)

The first option is still the best, if possible. Of course it will mean a lot of stress in the next 6 months, which I'm sure your husband doesn't need. So sorry about the circumstances.

[Krikit 1,165]

Like some people have said, the main problem is your husband keeping his permanent resident status. If you will be in the UK for less than 6 months, then it will be fine. If longer than 6 months then you will need some kind of visa from the UK: which will make it harder to hide from the US that the two of you are basically living abroad. The variable here is your mother-in-law's health, which makes it so so hard. *hugs*

There is no need to hide anything from the US. They can just apply for the re-entry permit. Link

[fozzie 41]

Just apply for a re-entry permit and tell USCIS that his mother is sick and he needs to go back. Then you apply for the UK visa so you can stay for longer than six months. Simple.

[Nich-Nick 3,354]

I just wanted to say that CANCER is a very frightening word to many people, and you tend to panic when you first get the news. People don't want to say the word or discuss it with the patient. I know I dropped out of some organizations where I held offices within one hour of learning my mom had cancer. That turned out to be premature. I'm just writing this in case you're trying to make decisions in the shock/panic mode. Cancer has so many forms and variations and how long until the end is pretty unpredictabe. I lost my mom, dad, and husband to cancer. My mom continued a fairly normal life for many years. My husband continued to play golf. He actually shot a 72 at our Country Club with colon cancer that had spread to his liver, lungs, and brain. Seven weeks later he was dead. I don't know anything about your MILs condition or if she has other family members to assist her. But I wonder if pullling up stakes in the US completely (jobs? house?) is in your best interest. Forgive me for asking this if you've already worked out that it's your only option. When my husband got completely disabled from cancer, my daughters were able to take leaves of absence from their jobs to move back in with us and help me with 24 hour care as we chose a home hospice situation for his final time on earth. I couldn't have managed without them. But their husbands kept their jobs and their homes in another city going.

And another thought for those of you who know someone with cancer-- Don't be afraid to tallk to them about cancer. Don't ignore the elephant in the room. Visit them. So many people are afraid to call and visit and talk to the person who is dying. Tell them how important they have been in your life. You don't have to be cheerful at somebody's death bed. They know they are dying and it's okay to cry in front of them and with them. My husband and his dad were the kind who held things in and finally opened up to each other with things like "thank you for being such a good dad and teaching me to play baseball" and "I never got to play sports at my tiny country school, so watching you grow up and excel in sports allowed me to have that experience with you." That was a very meaning conversation for both of them.

I'm sorry the OP and her husband have to experience this and I hope you are able to work out your visas, GCs, etc.

[Krikit 1,165]

((((Nich-Nick)))) A lovely post.

[Gemmie 142]

I agree, thoughtful and meaningful post.

[elmcitymaven 9,712]

Just echoing the ladies above: great and heartfelt post.

[Shari 6]

Thanks for everyones comments and suggestions!

My mother-in-law is 79 years old and has stomach cancer. She does not really want to worry my husband (her only child) so I think she is hiding more than we know. She had also told him it is in her chest, not sure if she meant breast or not. She is going back to the doctor tomorrow and hopefully she will learn more and tell us more, but it doesn't sound good. She only has a 75 year old sister alive and her two grandkids (my husband's kids, ages 21 and 23), but she won't let anyone go to the doctor with her.

My husband was laid off in January and has been unemployed since. A horrible situation. I am only working part-time (25 hours a week) and have been looking for a full-time job since we moved here 20 months ago - bad economy. We do not have the money at all right now to apply for citizenship unfortunatley. My parents are going to have to help us by the first of next year as the rest of my reitrement money will run out. My sister and her husband are "donating" his frequent flyer points for my hubby to fly to England. We only rent a house but even he went first and then I went over later and I was gone for more than a month I would have to pack up our house and put everything in storage (as we couldn't afford to pay rent on an empty house and have money in England though we would stay wtih his mum), but I would have to leave my job and then what happens when we come back and neither of us have jobs? It is scary for us but I am also concerned about my mother-in-law. My husband will definitely go but I need to be there to help my husband emotionally and with all that will have to be done. Again, he is an only child with no close relatives exept his mother's 75 year old sister.

So prayers would help us in this situation and the knowledge to do what is right. Thank you all again!

[Rebecca Jo 1,962]

Two of my friends have immigrated to the UK in the past year, one on a work visa and one on a spouse visa. They are lightning fast compared with the US visa process, but they also COST! Your husband can go at any time, and if you waited at home for the visa you would only be a few weeks behind (if that).

Sheri's husband would have to have accommodation lined up and he'd either need employment over there, OR they would need some cash assets to show she would not fall onto public funds.

Getting a spousal visa to the UK is indeed easier than getting one to the US. But it's not without it's own requirements.

If you are planning on being there for over 6 months without returning to the US I think the only possible way would be through a spousal visa (unless work could sponsor you, which I assume is remote). If you think it will be a couple of years and do not get spousal visa you technically can not re-enter the UK every 6 months to get a new stamp, as you are not supposed to "live" in the UK visa-free, and you would not be able to work.

I would closely follow developments at uk yankee, because visas are being given a major overhaul in the next couple years

A major overhaul by June of 2011.