Before you permanently move to the US

[Boiler 45,516]

If you want to politicise it then look at both parties, which one is most to blame is arguable but neither has clean hands.

[Rebecca Jo 1,962]

If you want to politicise it then look at both parties, which one is most to blame is arguable but neither has clean hands.

LOL.

You stereotype the issue by mentioning Calais, and then claim that I have politicized the discussion? Bollocks.

[Pitaya 2,577]

~Attempted thread hijack spam removed, multiple TOS violations, administrative action taken~

Pitaya

VJ Moderation

[nobbie 105]

Maybe someone can advise me here. I am the UK citizen, wife is USC, we currently live I the US but will probably move back to the UK, maybe this year I hope. We have the cash to satisfy the financial side of things plus a fair bit in assets. Do I need to establish residency in the UK first or can we apply for her spousal visa while we're both still officially in the US, if so what do we need to do. Any good web sites around?

Whats the actual process for me surrendering my green card and once I do so how long do I have to leave the US.

[yuna628 9,676]

Maybe someone can advise me here. I am the UK citizen, wife is USC, we currently live I the US but will probably move back to the UK, maybe this year I hope. We have the cash to satisfy the financial side of things plus a fair bit in assets. Do I need to establish residency in the UK first or can we apply for her spousal visa while we're both still officially in the US, if so what do we need to do. Any good web sites around?

Whats the actual process for me surrendering my green card and once I do so how long do I have to leave the US.

My suggestion to you would be to check out the link in my signature that should describe the process to you on the UK side of things. To my knowledge the US citizen must obtain the UK spousal visa/entry clearance first before attempting to enter. If the UK citizen is going to use money coming in from a UK job then I'm almost certain you'd need residency to prove that for at least 6 months. If you are using the £62,000+ in assets that may not apply. Not sure if they will take where you would be residing in the UK into account. They certainly will not take offers from friends or family into account. The burden is on the UK citizen alone.

Do you never intend on returning back to the US with your wife once you move (even for visits)? Think carefully on this, before you abandon your green card.

Edited November 28, 2015 by yuna628

[nobbie 105]

Thanks for the reply.

Yes I know she'll need a visa, I am self employed so don't have a job or job offer but I have the cash (over 62,000 GBP).

If I leave the US I will have to surrender my GC, I cant just hang on to it for visits as I'll no longer be a LPR. I'll just use an ESTA to come back to visit or get a B1/B2 visa for business/ tourist use.

[yuna628 9,676]

I don't think you can use the VWP to visit any longer, once you leave and abandon your status. B1/2 might also be hard to get but I guess worth a shot. Others might know a bit further about that.

Edited November 28, 2015 by yuna628

[Boiler 45,516]

I don't think you can use the VWP to visit any longer, once you leave and abandon your status. B1/2 might also be hard to get but I guess worth a shot. Others might know a bit further about that.

Why do you think there is a problem?

[yuna628 9,676]

Why do you think there is a problem?

Didn't say I thought there was a problem Boiler. Only that, I had always heard that once you had a green card and abandoned that, you could not re-enter on the VWP. It's why I said others might know more on the subject.

[Boiler 45,516]

OK

Where did you hear or read it.

[yuna628 9,676]

OK

Where did you hear or read it.

From a UK friend that had abandoned their LPR status and consulted an attorney well after the fact when they decided their previous action was a mistake. Not that attorney's know a ton, I suppose. ;-)

[Boiler 45,516]

So it was dues to his PR status or did he have other issues?

[Rebecca Jo 1,962]

My suggestion to you would be to check out the link in my signature that should describe the process to you on the UK side of things. To my knowledge the US citizen must obtain the UK spousal visa/entry clearance first before attempting to enter. If the UK citizen is going to use money coming in from a UK job then I'm almost certain you'd need residency to prove that for at least 6 months. If you are using the £62,000+ in assets that may not apply. Not sure if they will take where you would be residing in the UK into account. They certainly will not take offers from friends or family into account. The burden is on the UK citizen alone.

Do you never intend on returning back to the US with your wife once you move (even for visits)? Think carefully on this, before you abandon your green card.

The foreign born partner must file for a UK visa from their home country. No filing from within the UK. That's the first certainty no matter which way they are sponsored by their UK partner.

In the case of UK/US couples living together outside the UK, there are three ways to return to the UK:

1. Qualify based upon cash in the bank of £62500. There are a bunch of rules about proving the trail of the cash, so if one uses this path, study up on this before submitting the visa packet.

2. The UK citizen goes home, finds a job earning £18600 per year, and holds that job for six months. Bunch of rules here also about what to send in with the visa packet, so pay attention.

3. If the UK citizen has been earning the equivalent of £18600 from a job in their current country of residence, AND has a verifiable job offer in the UK for a job earning £18600 that will start within three months of their return home, then the foreign partner and UK partner can enter the UK together without separation. Again, read the rules before filing.

As you said, no third party sponsorship.

Also as you said, think carefully before abandoning an already hard-earned path to citizenship. Besides, being dual is cool.

Love the stuff in your signatures. Keep up staying informed!

[nobbie 105]

We'd be doing it under rule 1, is there a good place to start reading the rules, about proof of funds for one thing, what forms and where to find them.

My question about how to actually surrender the GC and how long you have to exit the US? Does anyone know.

I guess dual could be cool but there are 2 drawbacks that I see

1: Means I have to stay in the US another 18 months before I can file for citizenship which I dont really want to do. and

2: I am then obliged to file a US tax return for the rest of my life

[Rebecca Jo 1,962]

We'd be doing it under rule 1, is there a good place to start reading the rules, about proof of funds for one thing, what forms and where to find them.

My question about how to actually surrender the GC and how long you have to exit the US? Does anyone know.

I guess dual could be cool but there are 2 drawbacks that I see

1: Means I have to stay in the US another 18 months before I can file for citizenship which I dont really want to do. and

2: I am then obliged to file a US tax return for the rest of my life

https://www.gov.uk/join-family-in-uk

https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

https://www.gov.uk/guidance/immigration-rules

Your wait time to naturalize in the US as the spouse of a US citizen is three years from the date of your greencard. There is no way around that.

Yes you would be required to fill out a US tax return each year. Your US spouse will be doing that anyway. Totalization agreements between the US and UK will probably nullify any US tax obligation unless your income exceeds those agreements (currently somewhere around $92000 USD).