Moving away from the US

[Alicey 6]

Background: I came to the US on a K-1 visa; married my USC spouse within the required 90 days; filed for my AOS/green card; then became pregnant. I received a temporary EAD but was too pregnant to work by the time it arrived, so my spouse and I are in a dire financial position.

I filed for my green card/AOS in November 2011. It still hasn't arrived, but we chased it up and I was given the temporary EAD in late May of this year. Unfortunately, the business my husband worked for closed down, and he lost a well-paid job. We've both been trying for over a month to find jobs and have been completely unsuccessful.

Meanwhile, an amazing opportunity has arisen in the UK, where I'm from (funny enough, in the same village, even). My father owns his mother's old house and is renting it to some tenants, who have just told him they want to buy it. On the very same day, the landlady of the local pub put it up for sale. What we're now looking to do is have my father sell my grandmother's old house, buy the pub, and let my husband and I run it. It's something we've both dreamed of doing for a long time; it makes fantastic money; and it's just too good of an opportunity to miss.

My question is this: what will happen to my pending green card application? Will it be cancelled? Can I have it sent to my father-in-law's address here in the US, and use it if we decide to move back out here? Will there be fines/penalties/etc?

Basically, I'm checking that we don't have to account for big fines on top of the costs of moving to the UK. Also, I'm wondering if there's any way that the application can still stand, and I can have a green card in my name for if we do decide to move back (logic tells me it should be possible... After all, I'm married to a US citizen and have a US citizen daughter.)

Thanks in advance.

[MilaS 0]

Background: I came to the US on a K-1 visa; married my USC spouse within the required 90 days; filed for my AOS/green card; then became pregnant. I received a temporary EAD but was too pregnant to work by the time it arrived, so my spouse and I are in a dire financial position.

I filed for my green card/AOS in November 2011. It still hasn't arrived, but we chased it up and I was given the temporary EAD in late May of this year. Unfortunately, the business my husband worked for closed down, and he lost a well-paid job. We've both been trying for over a month to find jobs and have been completely unsuccessful.

Meanwhile, an amazing opportunity has arisen in the UK, where I'm from (funny enough, in the same village, even). My father owns his mother's old house and is renting it to some tenants, who have just told him they want to buy it. On the very same day, the landlady of the local pub put it up for sale. What we're now looking to do is have my father sell my grandmother's old house, buy the pub, and let my husband and I run it. It's something we've both dreamed of doing for a long time; it makes fantastic money; and it's just too good of an opportunity to miss.

My question is this: what will happen to my pending green card application? Will it be cancelled? Can I have it sent to my father-in-law's address here in the US, and use it if we decide to move back out here? Will there be fines/penalties/etc?

Basically, I'm checking that we don't have to account for big fines on top of the costs of moving to the UK. Also, I'm wondering if there's any way that the application can still stand, and I can have a green card in my name for if we do decide to move back (logic tells me it should be possible... After all, I'm married to a US citizen and have a US citizen daughter.)

Thanks in advance.

I think you should go to a very good immigration lawyer.

[Thomas&Cleofe 358]

green cards are for those who desire to be permanent residents.

Your plan dictates that you do not desire to be a permanent resident any longer.

[Boiler 45,784]

You should first look into the prac ticality of moving to the UK as you will need to be his sponsor.

A GC is for living in the US.

I would be more concerned about a ban if you leave before adjusting.

[Thomas&Cleofe 358]

You should first look into the prac ticality of moving to the UK as you will need to be his sponsor.

A GC is for living in the US.

I would be more concerned about a ban if you leave before adjusting.

No ban.....they would just need to apply for IR-1/CR-1 if they plan to return and live in US.

[canadian_wife 1,826]

Green card are for people who want to live in the US. But to answer your question, no your adjustment or green card will not hang in limbo until you are ready to move to the US.

Good luck

[missicy 87]

There will be no fines or penalties but your GC application will be considered abandoned and you will have to start all over again with a CR-1/IR-1 visa if you decide to move back to the US.

Even if you recieve your GC before you move to UK, you won't be able to use it to return if you stay out of the US for long period of time (you will have abandoned your permanent resident status).

[Penguin_ie 5,995]

There would be no fines or penalty- if you decide to go ahead with this plan, just sned a letter withdrawing your AOS application.

As others have said, your greencard will be useless if you are going to be living in the UK for longer than a year, which is what it sounds like. If and when you decide to move to the USA again, your husband would need to petition you for a CR-1 spousal visa.

[Alicey 6]

Thanks, everyone.

So, checking I have a full understanding here:

We'll have to withdraw the GC application. There will be no fees, but if we want to come back to the US we'll have to go through the CR-1 visa process, which will of course have its own fees and may or may not be approved. I'm assuming that once we withdraw the application, my current temporary EAD will become invalid?

[Harpa Timsah 13,258]

How long between the expiration of your 90 days from the K-1 visa and the time you filed for AOS? Do you have Advance Parole?

[Nich-Nick 3,354]

Thanks, everyone.

So, checking I have a full understanding here:

We'll have to withdraw the GC application. There will be no fees, but if we want to come back to the US we'll have to go through the CR-1 visa process, which will of course have its own fees and may or may not be approved. I'm assuming that once we withdraw the application, my current temporary EAD will become invalid?

Before you abandon ship, you need to read the new rules passed this summer to bring a spouse to live in the UK. The financial requirement says you will need to be in a job earning £22,400 (with a child). It can't be the promise of a job unless you can show you were in an equal job in the US for 6 months. No joint sponsor like Dad is allowed. The total resettlement process takes 5 years, and you will meet income requirements again at 2.5 years and 5 years.

The new process is here http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf and discussed by British/American couples in this thread http://www.visajourney.com/forums/topic/372449-before-you-permanently-move-to-the-us/

You might want to post questions in that thread because a couple of members have studied the new law in great detail. Ask how long it will be for your husband to qualify for National Health. I forgot if there is a waiting period.

As others have said, to come back to the US, you will start over from the beginning with a petition, fees, medical exam, interview, and all that waiting in the UK.

And do you have a clue how to run a pub? Can you afford a house or flat? Much to consider on the hopes that all the sales will go through without a hitch, and you can show the required income before hubby can join you. Good luck!

Edited October 22, 2012 by Nich-Nick

[bigdog 376]

There would be no fines or penalty- if you decide to go ahead with this plan, just sned a letter withdrawing your AOS application.

As others have said, your greencard will be useless if you are going to be living in the UK for longer than a year, which is what it sounds like. If and when you decide to move to the USA again, your husband would need to petition you for a CR-1 spousal visa.

[del-2-5-2014 1,339]

Before you abandon ship, you need to read the new rules passed this summer to bring a spouse to live in the UK. The financial requirement says you will need to be in a job earning £22,400 (with a child). It can't be the promise of a job unless you can show you were in an equal job in the US for 6 months. No joint sponsor like Dad is allowed. The total resettlement process takes 5 years, and you will meet income requirements again at 2.5 years and 5 years.

The new process is here http://www.ukba.home...soi-fam-mig.pdf and discussed by British/American couples in this thread http://www.visajourn...move-to-the-us/

You might want to post questions in that thread because a couple of members have studied the new law in great detail. Ask how long it will be for your husband to qualify for National Health. I forgot if there is a waiting period.

As others have said, to come back to the US, you will start over from the beginning with a petition, fees, medical exam, interview, and all that waiting in the UK.

And do you have a clue how to run a pub? Can you afford a house or flat? Much to consider on the hopes that all the sales will go through without a hitch, and you can show the required income before hubby can join you. Good luck!

I concur and I think OP should stay in the US and make it work. Move into a one room studio, sell one car, etc

The Daughter can't do anything for OP until she turns 21.

[Shiobhan 235]

OP stay here and get things sorted out , after visit your country and C if opening a pub can be more lucrative, C where U would live, how long hubby will have to wait to be allowed to work, then U will C if it makes sense, then U can do a re app . (after U get GC)and go back & forth, maybe hubby after a yr will want to come home.