Moving to UK

[KrisandJennie 35]

My husband is from Scotland and we went through this process almost a year ago. He hasn't received his green card yet (obviously) but we are thinking about moving to Scotland in a couple of years. Can we do that once he has his green card or do we have to wait until he gets dual citizenship? We would hate to move to the UK and then have him not be allowed back into the country just to do this all over again. Does anyone know what our options are?

[Ryan H 3,812]

My husband is from Scotland and we went through this process almost a year ago. He hasn't received his green card yet (obviously) but we are thinking about moving to Scotland in a couple of years. Can we do that once he has his green card or do we have to wait until he gets dual citizenship? We would hate to move to the UK and then have him not be allowed back into the country just to do this all over again. Does anyone know what our options are?

The statement in your post I put in bold is what you will need to do. Once your husband is a US Citizen, he can come and go as he pleases. Green card holders must maintain residency in the US and moving to Scotland would not do that.

[KrisandJennie 35]

The statement in your post I put in bold is what you will need to do. Once your husband is a US Citizen, he can come and go as he pleases. Green card holders must maintain residency in the US and moving to Scotland would not do that.

Do you know generally how long it takes to become a citizen? We wouldn't be moving for several years anyhow.

[rarasantiago 3]

Doing it after becoming a citizen would be the best. But if you can't wait for whatever reason you have this limited option:

https://help.cbp.gov/app/answers/detail/a_id/820/kw/INS%20Form%20I-551/session/L3NpZC92c1BPOUNhbA%3D%3D

If you are a lawful permanent resident (green card holder), you may leave the U.S. multiple times and reenter, as long as you do not intend to stay outside the U.S. for 1 year or more.

If you intend to stay outside the U.S. for 1 year or more, you must apply for a re-entry permit with the U.S. Citizenship and Immigration Service (USCIS) prior to leaving the U.S. Re-entry permits are generally valid for 2 years from the date of issuance. Therefore, if you are outside of the U.S. longer than the date the permit was issued, you may be denied entry into the U.S.

To apply for a re-entry permit, you must file an Application for a Travel Document (I-131) with the USCIS. If you applied for permanent resident status, but are not yet officially a lawful permanent resident "green card holder" and you need to leave the U.S. on emergency, you must apply for and receive advance parole to leave the U.S. by filing a I-131 with USCIS. Information on how to file the I-131 is available on the USCIS Website.

If you are required to file documents prior to leaving the U.S., it is imperative that you do so, otherwise, you may be found inadmissible and denied reentry into the U.S.

If you are a green card holder and you do not stay outside the U.S. for 1 year or more, you should have either your green card (INS Form I-551, or your returning resident visa to re-enter the United States. You are not required to present your unexpired passport, however it is not a bad idea to carry it with you.

[hmh33 117]

Do you know generally how long it takes to become a citizen? We wouldn't be moving for several years anyhow.

Assuming he is still married to you (!) he can apply for naturalization 2 years and 9 months after the date that his initial green card was issued. At the moment, the naturalization process is taking approximately 5 months, but that could change in 3 years' time.

And hey, by that point Scotland might not even be part of the UK any more

Edited November 6, 2012 by hmh33

[Nich-Nick 3,354]

Do you know generally how long it takes to become a citizen? We wouldn't be moving for several years anyhow.

Look over the new requirements for bringing a spouse to the UK also. He must be making a certain level of income in the UK that must be proven initially, then again at 2.5 years and at 5 years for you to permanently stay there or get settlement I think it is called. There are no co-sponsors allowed so he would be the one needing the job there before you could move there. A considerable amount of cash works too. There's a pinned thread in the UK forum with the full document that is now in force, as well as discussion.

[jaycali 415]

My husband is from Scotland and we went through this process almost a year ago. He hasn't received his green card yet (obviously) but we are thinking about moving to Scotland in a couple of years. Can we do that once he has his green card or do we have to wait until he gets dual citizenship? We would hate to move to the UK and then have him not be allowed back into the country just to do this all over again. Does anyone know what our options are?

The UK has laws similar to those of the US when it comes to family based immigration. You'll be going through this process in order to move to the UK as well.

As for your husband - Green cards are only valid for as long as he intends to live in the US. If he intends to live in another country for a substantial amount of time (6 months +) he'll need to abandon his green card.

For him to get his citizenship will take about 3 years. If you plan to move back to the US it's generally a good idea to have him get dual citizenship before moving. If not, you'll be starting again from scratch.