How long can i leave the country for?

[cca 13]

Hi

I dont know if this is in the right forum but will go ahead anyway.

I have a 10 year green card. I live here with my boyfriend and we plan on getting married in a few years. Anyway, due to a family situation that happened recently it kind of woke me up and made me realise that I wanted to go back to the UK (my home country) at least for a couple of years.

My boyfriend is fine with this and will move back to the UK with me (I know about all the visa requirements for my country- that isnt the question.)

The thing is, I have to think about him and the fact that the usa is his home and we will probably want to back here eventually. I dont want to get USA Citizenship even though i know its the smartest things to do, but I really dont want it. If I have been here for 6 years or more by the time I move back, is there some kind of lee-way the IO will give that makes me not give up my green card. Can I ask for maybe 2 years away as long as I come back?

I dont want to start the whole process again and as much as i want to move back to the UK I have to be sensible because its not just me involved, its my future husband and I have to think wnats best for us. Giving up my green card to live in the UK for a few years would not be best for us. But if I can be allowed to leave with it still in tact then that would be great!

Anyone have experience of this? Anyone know? I know US immigration say something like only a few months but what they say and what they mean can be two seperate things...

Thanks!

[cca 13]

Hi

I dont know if this is in the right forum but will go ahead anyway.

I have a 10 year green card. I live here with my boyfriend and we plan on getting married in a few years. Anyway, due to a family situation that happened recently it kind of woke me up and made me realise that I wanted to go back to the UK (my home country) at least for a couple of years.

My boyfriend is fine with this and will move back to the UK with me (I know about all the visa requirements for my country- that isnt the question.)

The thing is, I have to think about him and the fact that the usa is his home and we will probably want to back here eventually. I dont want to get USA Citizenship even though i know its the smartest things to do, but I really dont want it. If I have been here for 6 years or more by the time I move back, is there some kind of lee-way the IO will give that makes me not give up my green card. Can I ask for maybe 2 years away as long as I come back?

I dont want to start the whole process again and as much as i want to move back to the UK I have to be sensible because its not just me involved, its my future husband and I have to think wnats best for us. Giving up my green card to live in the UK for a few years would not be best for us. But if I can be allowed to leave with it still in tact then that would be great!

Anyone have experience of this? Anyone know? I know US immigration say something like only a few months but what they say and what they mean can be two seperate things...

Thanks!

[aaron2020 11,651]

You can apply for a re-entry permit. The permit allows you to remain outside the US for up to 2 years, and the time outside the US will not be considered in determining whether you have abandoned your green card. With the permit, you must still maintain ties to the US. The re-entry permit DOES NOT GUARANTEE that you can keep your green card. Maintaining ties to the US is a must to keep your green card.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Maintaining Permanent Residence

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

Edited March 20, 2012 by aaron2020

[Dave&Roza 748]

Hi

I dont know if this is in the right forum but will go ahead anyway.

Yet you posted it in three different locations. I will answer here as this one has at least one answer in it

I have a 10 year green card. I live here with my boyfriend and we plan on getting married in a few years. Anyway, due to a family situation that happened recently it kind of woke me up and made me realise that I wanted to go back to the UK (my home country) at least for a couple of years.

My boyfriend is fine with this and will move back to the UK with me (I know about all the visa requirements for my country- that isnt the question.)

The thing is, I have to think about him and the fact that the usa is his home and we will probably want to back here eventually. I dont want to get USA Citizenship even though i know its the smartest things to do, but I really dont want it. If I have been here for 6 years or more by the time I move back, is there some kind of lee-way the IO will give that makes me not give up my green card. Can I ask for maybe 2 years away as long as I come back?

I dont want to start the whole process again and as much as i want to move back to the UK I have to be sensible because its not just me involved, its my future husband and I have to think wnats best for us. Giving up my green card to live in the UK for a few years would not be best for us. But if I can be allowed to leave with it still in tact then that would be great!

Anyone have experience of this? Anyone know? I know US immigration say something like only a few months but what they say and what they mean can be two seperate things...

Thanks!

Since you do not care about US citizenship then the time outside the US is not a factor. You need to apply for a re-entry permit as mentioned above. You still need to maintain ties to the US like paying taxes, having property would help, having family here like the in-laws should you finally get married, all would be good things to show that you are going to return after your temporary stay outside the US. You are not guaranteed that you will not loose your GC.

Since you have been a LPR for 6 years, why not fill for US citizenship then you can leave for as long as you want once you are a USC? Why do you not want to get citizenship even though you know it is the smart thing to do? Given all your other comments about thinking about him and doing what is best for the both of you, it sounds like you have decided you really need to get US citizenship, but need a push. So here is the push--as a dual citizen of the US and UK you can travel between your home country and the US and not worry about time spent out of the country.

Good luck on whatever you decide,

Dave

[freetv 7]

There is no way you are getting a two year parole (at most a year) document so your options come down to 1. citz 2. leave it behind and start over in the future.

There are only a few negatives I see with u.s. citz and most of it wouldn't apply in your situation: 1. Taxes... but your future husband is already an American so he would have to do it anyway, plus there are tons of tax treaties that avoid double taxation (the u.s. consulates often provide free tax advice to expats...) 2. It can be hard to travel to rogue countries like North Korea whose government is fundamentally against the u.s. gov... but are you really going to travel to such areas (and even if you do I doubt your British passport would fair much better). I mean the u.s. and u.k. are so close in more ways than one that dual nationality is almost always a no brainier.... would you really want to be deported and taken away from your kids and husband because you didn't file your taxes or made some other minor mistake?

Edited March 21, 2012 by freetv

[nwctzn 55]

Hi

I dont know if this is in the right forum but will go ahead anyway.

I have a 10 year green card. I live here with my boyfriend and we plan on getting married in a few years. Anyway, due to a family situation that happened recently it kind of woke me up and made me realise that I wanted to go back to the UK (my home country) at least for a couple of years.

My boyfriend is fine with this and will move back to the UK with me (I know about all the visa requirements for my country- that isnt the question.)

The thing is, I have to think about him and the fact that the usa is his home and we will probably want to back here eventually. I dont want to get USA Citizenship even though i know its the smartest things to do, but I really dont want it. If I have been here for 6 years or more by the time I move back, is there some kind of lee-way the IO will give that makes me not give up my green card. Can I ask for maybe 2 years away as long as I come back?

I dont want to start the whole process again and as much as i want to move back to the UK I have to be sensible because its not just me involved, its my future husband and I have to think wnats best for us. Giving up my green card to live in the UK for a few years would not be best for us. But if I can be allowed to leave with it still in tact then that would be great!

Anyone have experience of this? Anyone know? I know US immigration say something like only a few months but what they say and what they mean can be two seperate things...

Thanks!

Do you have some background preventing you from getting US citizenship? It is the easiest way given that the UK allows dual citizenship.

[Penguin_ie 5,993]

** Merging two topics on the same issue. Please only post once with a question/ issue. *****

[VanessaTony 3,567]

There is no way you are getting a two year parole (at most a year) document so your options come down to 1. citz 2. leave it behind and start over in the future.

There are only a few negatives I see with u.s. citz and most of it wouldn't apply in your situation: 1. Taxes... but your future husband is already an American so he would have to do it anyway, plus there are tons of tax treaties that avoid double taxation (the u.s. consulates often provide free tax advice to expats...) 2. It can be hard to travel to rogue countries like North Korea whose government is fundamentally against the u.s. gov... but are you really going to travel to such areas (and even if you do I doubt your British passport would fair much better). I mean the u.s. and u.k. are so close in more ways than one that dual nationality is almost always a no brainier.... would you really want to be deported and taken away from your kids and husband because you didn't file your taxes or made some other minor mistake?

Incorrect on a couple of fronts.

1. Yes it IS possible to leave for UP TO 2 years using a document called a "re-entry permit". She will still need to file taxes and do other things that make it obvious she's not giving up residency.

2. Taxes. As an LPR she needs to file taxes on worldwide income anyway. So if she doesn't want to give up her GC this is pretty much irrelevant as a "con" of applying for USC now.

One other factor to consider is she MAY want to be a USC in the future. Especially as any future children will be. Leaving for over a year (using the re-entry permit) resets the naturalisation clock back to 0 meaning she will need to wait several years after returning to the US to be eligible for USC again. It would be a MUCH better idea to apply for USC now and get that out of the way so that she can travel freely back and forth and not worry about visas and greencards and what not.

OP - what reasons do you have for not wanting USC right now? If you are eligible it is the best option for you, your relationship and your children. It will make life a LOT easier. It means you won't be restricted on staying out, or coming back here. It means you and your (then) husband can make the decision about where to live and raise children without having to worry about immigration concerns. It's also possible for your (then) husband to get UK citizenship after 3 years of marriage to you and living in the UK. This way you are both dual and can live in whichever country you want to.

.

Edited March 21, 2012 by Vanessa&Tony

[cca 13]

Thank you to everyone for your replies.

In response to the question about dual citizenship, I just don't want it. I am British and I don't want to become an American. Theres no hard feelings but i am happy being a permenent resident. I feel like I shouldnt be made to become a citizen and take such a big step on the basis of the fact that it may pose problems in the future. Its a big step and one that should be done on the basis of the fact that such a person truly wanted to be an American otherwise its fraud.

This is why I wanted to know if the governement had put a system in place for situations such as this (among others.) If it means that there is no other way and I have to stay here then so be it but read somewhere that there was parole so thought Id enquire about it.

Thanks for all the help

[Brother Hesekiel 2,236]

cca,

it certainly is admirable that you don't want to become a U.S. citizen for the wrong reasons. If you are not willing to poison the drinking water well in your home town if Uncle Sam asks you to do that, you are not ready to take the Oath of Allegiance to the United States, and swear off any and all loyalty to the Queen, the Kingdom and its people. So I applaud you for being a person of principles, which has become kind of rare these days.

As has been suggested before, you can apply for a reentry permit via form I-131, which will give you up to 2 years in the Kingdom. If you come back a day before the second year is over, you are still rockin' and rollin' and can decide then if you need more time in the olde world or not.

[VanessaTony 3,567]

Thank you to everyone for your replies.

In response to the question about dual citizenship, I just don't want it. I am British and I don't want to become an American. Theres no hard feelings but i am happy being a permenent resident. I feel like I shouldnt be made to become a citizen and take such a big step on the basis of the fact that it may pose problems in the future. Its a big step and one that should be done on the basis of the fact that such a person truly wanted to be an American otherwise its fraud.

This is why I wanted to know if the governement had put a system in place for situations such as this (among others.) If it means that there is no other way and I have to stay here then so be it but read somewhere that there was parole so thought Id enquire about it.

Thanks for all the help

It's totally your choice. "Parole" isn't the correct term but there IS a re-entry permit. Have a look at form I-131. You are permitted to enter the US after being outside for more than a year and less than 2 years. You still need to file US taxes and maintain residency and there is no guarantee you would be permitted to re-enter (though I can't say I've ever seen a denial of entry).

I don't want to be an "American".. it's not about one or the other for me. I am a British Australian. Doesn't mean I'm less British 'cause I'm Aussie, or less Aussie 'cause I'm British. Likewise becoming a USC will make me no less British or Australian but instead will grow who I am. As I am living here as an LPR I am obviously interested in living in the US and being a part of US society. I definitely think you should think about it more. I think becoming a USC simply makes official your commitment to life in the US.. which you've already partially committed to by being an LPR. It's a little contradictory to not want to give up life here, and yet not want to be considered even partly "American"... like it's a distasteful idea. Your fiance/boyfriend is an American, surely the idea isn't that horrid.. not when you really stop and think about it...

[cca 13]

cca,

it certainly is admirable that you don't want to become a U.S. citizen for the wrong reasons. If you are not willing to poison the drinking water well in your home town if Uncle Sam asks you to do that, you are not ready to take the Oath of Allegiance to the United States, and swear off any and all loyalty to the Queen, the Kingdom and its people. So I applaud you for being a person of principles, which has become kind of rare these days.

As has been suggested before, you can apply for a reentry permit via form I-131, which will give you up to 2 years in the Kingdom. If you come back a day before the second year is over, you are still rockin' and rollin' and can decide then if you need more time in the olde world or not.

Thank you

[Penguin_ie 5,993]

Another option, if you want to stay out longer than two years, is to officially give up your greencard, then for your boyfriend to petition you again once you are ready to return. It would mean getting married either before returning or within 90 days of coming back to the USA.

[VanessaTony 3,567]

it certainly is admirable that you don't want to become a U.S. citizen for the wrong reasons. If you are not willing to poison the drinking water well in your home town if Uncle Sam asks you to do that, you are not ready to take the Oath of Allegiance to the United States, and swear off any and all loyalty to the Queen, the Kingdom and its people. So I applaud you for being a person of principles, which has become kind of rare these days.

Seriously? You're saying that unless I want to commit MURDER for the US then I'm not ready to be a USC? It's totally not about that. I am willing to commit to life here, following the laws of the land etc etc... THAT is what it's about... not murder :S

[cca 13]

It's totally your choice. "Parole" isn't the correct term but there IS a re-entry permit. Have a look at form I-131. You are permitted to enter the US after being outside for more than a year and less than 2 years. You still need to file US taxes and maintain residency and there is no guarantee you would be permitted to re-enter (though I can't say I've ever seen a denial of entry).

I don't want to be an "American".. it's not about one or the other for me. I am a British Australian. Doesn't mean I'm less British 'cause I'm Aussie, or less Aussie 'cause I'm British. Likewise becoming a USC will make me no less British or Australian but instead will grow who I am. As I am living here as an LPR I am obviously interested in living in the US and being a part of US society. I definitely think you should think about it more. I think becoming a USC simply makes official your commitment to life in the US.. which you've already partially committed to by being an LPR. It's a little contradictory to not want to give up life here, and yet not want to be considered even partly "American"... like it's a distasteful idea. Your fiance/boyfriend is an American, surely the idea isn't that horrid.. not when you really stop and think about it...

I just think its a huge huge step and one that cant be taken lightly. Once done, you can't take it back or change it so its a huge commitment and you need to be sure of it, Just like on any huge commitment (marriage/kids etc) Because of this, I need to make sure I do it for the right reasons and not because it might be easier travelling back and forth countries. That isnt what its about. If thats all the reasons for somebody choosing citizenship then thats wrong. Im a very stong believer in 'itll work out' and so if I choose not to become a citizen, as long as I take the right precautions and Im careful and work hard at getting something achieved, I know itll be OK. Thats why I was enquiring about the 're-entry permit' because I wanted to make sure. I want to establish all my options.

I dont have kids so I dont have to think about that.

We are both teachers and are thinking of buying a condo and when we leave, renting it out. That way we will have an asset and therefore a 'tie' to America. This isnt to satisy immigration because this will prove to be beneifical to us as well but it helps!