Wife is almost here, what about me going to the UK?

[davidselcon 0]

Hello everybody.

I am an american citizen, and my wife is from England. We married in the US a few months ago and are now going through the adjustment of status process here in the US. Things are going pretty smoothly so far.

So, she is getting set up over here in the States, and when all is said and done, she will become a resident.

But, we are TRAVELLERS, and we plan to lead an on the go lifestyle even after she receives her greencard. It is possible that we will end up in living in ENGLAND for 40% - 60% of the year.

My question is: Now that we are a bonafide married couple, WHAT DO I (us citizen) NEED TO DO to have any priveledges (ie right to work, right to stay longer than 6 months etc,) in England?

Ive been to the UK VISAS website, but it doesnt provide the answers.

Can anybody help me please?

Thank you.

David

[Boiler 45,733]

She needs to become a USC before you do anything. Otherwise she will be risking her status. She is supposed to be a Permanent Resident of the US.

For you:

http://www.britainusa.com/visas/articles_s...000&a=41033

5 seconds to get there.

[no name 1]

She needs to become a USC before you do anything. Otherwise she will be risking her status. She is supposed to be a Permanent Resident of the US.

For you:

http://www.britainusa.com/visas/articles_s...000&a=41033

5 seconds to get there.

She doess't have to a be a US citizen....only a legal resident alien or whatever it is.

[Kez/JWolf 6]

She needs to become a USC before you do anything. Otherwise she will be risking her status. She is supposed to be a Permanent Resident of the US.

For you:

http://www.britainusa.com/visas/articles_s...000&a=41033

5 seconds to get there.

She doess't have to a be a US citizen....only a legal resident alien or whatever it is.

I would double check your info.... if she is only a LPR and she moves abroad to live and work she will be abandoning her LPR status and would have to start all over again if they deceided to return to the US to live.... it is also unlikely that she would get a tourist visa as she would be deemed to have immigrant intent....

Kezzie

[Boiler 45,733]

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.

She doess't have to a be a US citizen....only a legal resident alien or whatever it is.

Edited September 10, 2006 by Boiler

[globetrotter 0]

davidselcon- I sympathize!! We too are travellers. My plan is to be based in the USA for most of the first 3 years (of course with the odd short trip here and there - I have to travel with my work a fair bit). Make sure I fulfill requirements of amount of time spent in the country in order to get citizenship after which we will be a lot more fexible to move around again. While I see myself as shifting my anchor to the USA I would not want to think that we have to live every single year of the rest of our lives there. USA will definately be my home from now on but I want to keep getting to know other cultures too.

Maggie

[davidselcon 0]

davidselcon- I sympathize!! We too are travellers. My plan is to be based in the USA for most of the first 3 years (of course with the odd short trip here and there - I have to travel with my work a fair bit). Make sure I fulfill requirements of amount of time spent in the country in order to get citizenship after which we will be a lot more fexible to move around again. While I see myself as shifting my anchor to the USA I would not want to think that we have to live every single year of the rest of our lives there. USA will definately be my home from now on but I want to keep getting to know other cultures too.

Maggie

Maggie, thanks for your sympathy. The other people who responded to my post DID NOT answer my question.

Seems like the only thing to threaten her Residency status is if we stay outside of the US for more than a year. SO, it seems perfectly fine to me that once we get our advance parole we can travel again outsisde of the US, just as long as we dont stay away for longer than 1 year. Would you agree?

thanks,

David

[Boiler 45,733]

davidselcon- I sympathize!! We too are travellers. My plan is to be based in the USA for most of the first 3 years (of course with the odd short trip here and there - I have to travel with my work a fair bit). Make sure I fulfill requirements of amount of time spent in the country in order to get citizenship after which we will be a lot more fexible to move around again. While I see myself as shifting my anchor to the USA I would not want to think that we have to live every single year of the rest of our lives there. USA will definately be my home from now on but I want to keep getting to know other cultures too.

Maggie

Maggie, thanks for your sympathy. The other people who responded to my post DID NOT answer my question.

Seems like the only thing to threaten her Residency status is if we stay outside of the US for more than a year. SO, it seems perfectly fine to me that once we get our advance parole we can travel again outsisde of the US, just as long as we dont stay away for longer than 1 year. Would you agree?

thanks,

David

Perhaps you did not like the answers?

PS: There is no time limit on Advanced Parole, has come up as an issue a few times, I guess when the rules were drafted nobody envisioned that AoS could take so long.

[Candace 2]

Maggie, thanks for your sympathy. The other people who responded to my post DID NOT answer my question.

Seems like the only thing to threaten her Residency status is if we stay outside of the US for more than a year. SO, it seems perfectly fine to me that once we get our advance parole we can travel again outsisde of the US, just as long as we dont stay away for longer than 1 year. Would you agree?

thanks,

David

Hello David,

I am not an expert but you might want to read up because I read somewhere on the USCIS site that it does not have to be 12 months out of the country, if they feel she is not 'permanent resident' in the US they are within their rights to take away the residency. This is why the first reply to your post said about being a citizen; once your wife has citizenship you can become 'travellers' again. I am in the same situation in that in time we will want to spend time in other countries but from the time of being granted permanent residency to becoming a citizen, sporadic and long travels have had to be shelved and we will make our home in the US. The first responses to your post did answer your question, even if it wasn't the answer you wanted, sorry!

Please anyone feel free to correct me if I am wrong, as I tried to look for the information I came across about 'even if you don't leave for 12 months you can still be at risk' but I couldn't find it.

Best wishes

Candace

[globetrotter 0]

Check out these websites (Ive copied relevants parts here) for the official answer to your questions. ONe year seems to be the max but there is a warning there that your case will be considered based on whether they think you actually intend to live in the USA. Personally I do not intend to get anywhere near a year out of the country before I get citizenship - only 3 years is you are the spouse of an american citizen (though I cannot find the website address for this info right now). If you want more advise you should post on the AOS forum.

Hope this helps and that you can work out something for yourselves within the restraints of the system.

Maggie

Info:

====

1) Eligibility for USA citizenship http://www.uscis.gov/graphics/services/natz/require.htm

Residence and Physical Presence

An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence (see preceding section);

has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;

has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)

has resided within a state or district for at least three months

2) Mainining permanent residence

http://www.uscis.gov/graphics/howdoi/PermRes.htm#travel

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.

[Boiler 45,733]

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.

The key bit.

[Candace 2]

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.

The key bit.

That's what I was trying to say but only managed with a lot more waffle - thanks Boiler!

[rebeccajo 14]

Maggie, thanks for your sympathy. The other people who responded to my post DID NOT answer my question.

Seems like the only thing to threaten her Residency status is if we stay outside of the US for more than a year. SO, it seems perfectly fine to me that once we get our advance parole we can travel again outsisde of the US, just as long as we dont stay away for longer than 1 year. Would you agree?

thanks,

David

Perhaps you did not like the answers?

PS: There is no time limit on Advanced Parole, has come up as an issue a few times, I guess when the rules were drafted nobody envisioned that AoS could take so long.

David I do believe you got your answers the first time around.

http://www.visajourney.com/forums/index.ph...c=31103&hl=

I'd suggest caution as you pick and choose the parts of it that suit you.

[Joey559 1]

I think a lot of people from the UK are in the same boat - both, I think, are wonderful places to live and Paul and I definitely want to keep travelling there and in Europe.

So maybe a compromise is to travel the US until she gets her citizenship? It's a big country and should definitely kill your wanderlust for a few years. There are some beautiful gorgeous parts of this country like Uray, CO, the Jimez Mountains in New Mexico, the Red Woods in California, and I haven't even made it to Hawaii or California yet. Maybe letting her explore this country will see you through.

I'm not a head to Florida and sit on the beach and drink type and there's still plenty of this country I want to see. I'm not a big fan of the whole sit on a cruise ship and eat and drink and sun yourself but i've got brochures saved for a windjammer sailboat cruise/tutorial off Maine's coast for a possible delayed honeymoon.

It might not be perfect but it might be a viable answer. Good luck!

Oops I meant Hawaii and Alaska, not California

[Boiler 45,733]

You can travel, I have been to Mexico 3 times, once for a month, but moving is the issue.

I have a near neighbour who became a PR 15 years or so ago, he went to S America for 6 months and had a scare getting back in, this and the other risks of PR status made him naturalise a couple of years ago.

Technically you can lose PR status in a day.

You would be entitled to a hearing before an Immigration Judge if the POE refused entry on the basis of abandoned status. I believe you would be locked up waiting that.

Or you take the chance, realising that you may need to go back to Start, do not pass Go etc etc.

Your call.