Studying Abroad: Reentry Permit for CR Spouse?

[PantomimeGoose 59]

In an awesome stroke of irony, I've been offered a scholarship for a PhD in the UK (husband's home country). I applied while we were still languishing in USCIS, not really thinking I would get the scholarship, and not really knowing what was going to happen with the visa etc. It seemed like a good idea at the time...but now that I've gotten myself into this mess, it's a great opportunity that's tough to pass up.

My husband's visa interview is later this month. My course would start in the fall if I accept. At this point, we plan to establish permanent residency in the US, and would want to come back here to live after my 3 year course is up. I know I will maintain residency in the US while abroad, and it seems that technically he ought to be able to do so too. I can see how that might be difficult to prove though.

I've seen people on the forums say that one option is handing in his GC, informing the appropriate parties that we are moving together abroad, and then applying for an IR-1 toward the end of the three years when we intend to return, by which time we will have been married for 4.5 years.

I also see that it is possible to get a reentry permit (I-131), valid for two years. For this option, it seems that the time out of the country will disrupt his path to naturalization time-wise. In order for him to stay with me for the full 3 years of my course, we would also have to apply for a second reentry permit, together costing about as much as reapplying for a spouse visa.

Our goals are: 1) For him to be able to work in the UK while I'm in school 2) Not to have any nasty immigration-related surprises (i.e. he abandoned his status and is now barred from reentry or anything) when we move back to the US for good 3) To choose the most cost-effective/time-effective option possible 4) If possible, for him to have some freedom to travel with me to the US on vacations over the next 3 years.

Has anyone on here been through something similar? Is there a best option?

[Harpa Timsah 13,258]

Congrats on the stipend! If you try to go the re-entry permit route, keep in mind that you will also need to file for Removal of Conditions, and fly to the US to do biometrics (and possibly an interview if you have one). The cheaper option would be to cancel the interview (avoid paying visa fee) and file DCF when you are ready to move back to the US. Good luck whatever you decide.

[Nich-Nick 3,354]

Congrats on the stipend! If you try to go the re-entry permit route, keep in mind that you will also need to file for Removal of Conditions, and fly to the US to do biometrics (and possibly an interview if you have one). The cheaper option would be to cancel the interview (avoid paying visa fee) and file DCF when you are ready to move back to the US. Good luck whatever you decide.

The visa fee has already been paid to NVC

The London website says a USC on a student visa is not eligible for DCF filing http://london.usembassy.gov/dhs/uscis/i130filing.html

Perhaps she could seek indifinite leave to remain from the UK to establish residency based on marriage to a UK citizen.

I think the OP will run into too many bumps trying to relocated a new greencard holder to the UK for 3 years. Asking an embassey opinion if the visa could be delayed might be worth a shot...extending the petition, NVC part...don't know but I would ask. You have to get an email code from the London helpline, then write an explanation that a consulate official will answer, not the person who answers the helpline.

[Harpa Timsah 13,258]

Oh lame, thanks for the corrections Nich-Nick.

[PantomimeGoose 59]

Thanks for the replies. I'm reluctant to just cancel the interview because another 5 months is a long time to be apart and we've paid the fees anyway, but I'll see whether delaying it might be possible.

At this point, I'm basically resigned to the fact that if we do this, we're going to end up eating the cost of this visa and paying near as much or more to return. I can cope with that, but have a hard time envisioning another 8-10 month effective separation. We would consider staying in the UK, but with the state of the economy and a lot of the things going on in the government, we're not hopeful at this point. Basically last time we looked into it, their financial requirements would have prevented us because of the level of employment he would have to maintain was untenable and there was no better employment to be found.

I have been reading about SB-1 Permanent Resident Return visas. It seems you can only apply for them if you have inadvertently stayed abroad longer than the one year allowed on a GC, or the two years allowed on a reentry permit. One of the "circumstances beyond the control of the GC holder" is "following a USC spouse abroad"....which makes it sound a little like I would be kidnapping him or something....but does anyone out there know if this might apply to our situation, or is the SB-1 purely for accidental overstays?