Moving between our two countries

[Camelot13 63]

Hi everybody! I'm hoping some of you can help me. My boyfriend and I are thinking of doing the K1, but he is not sure that he wants to move to the US permanently. He's from Scotland and feels like it's a big leap for him to come over forever. In the same way, I don't want to be far from my US family, so we're kind of stuck in decision-limbo. We'd like to be able to spend some time living in both of our countries. We've been thinking that it might be nice to get married and live here in the US for about 2 years, then move to Scotland for a few years, before picking a more permanent location between the two.

My question is - how does this work with immigration and adjustment of status? Is it even possible to do that? I assume we would go through K1 and adjust his status, then apply for a spousal visa in the UK when we're ready to move there. Then after a few years if we come back to the US, would I need to apply for a CR1 visa for him this time, pay all the fees, and go through AoS again? Or is there a more streamlined way? Do you forfeit your US immigration status if you move away (after AoS interview, but before naturalized citizenship) and have to start from scratch?

This probably isn't an option a lot of people would choose and may be expensive and complicated. It might not work for us and we'll have to decide on a more long-term location, but we're just trying to find out as much as possible about our options so that we can compromise and move forward with being together in the same place.

Any guidance would be extremely helpful. Many thanks!

[Ontarkie 14,435]

~~Moved to What Visa Do I Need - Family Based Immigration, from K-1 Fiance(e) Visa Process & Procedures - As a visa path has not yet been decided. ~~

Moderator hat off

If you leave the US to live in Scotland he will not keep his green card and yes you then would have to start over. If the two of you can live in the US for 3yrs (date of first green card) so he can Naturalize that would solve the US side of immigration.

[lost_at_sea 995]

Hi, welcome!

Then after a few years if we come back to the US, would I need to apply for a CR1 visa for him this time, pay all the fees, and go through AoS again?

Yes, except you wouldn't AoS again - AoS is just for folks who arrive as non-immigrants (such as a K1) then change status. CR-1 holders arrive as immediate green card holders as they are immigrants from the get-go. Also, if you were also living in the UK, you could probably do DCF.

Do you forfeit your US immigration status if you move away (after AoS interview, but before naturalized citizenship) and have to start from scratch?

It sort of depends - if you move away and give up your US residency, then yeah, you're at risk of losing the green card. You can apply for extended leave before you leave the USA, up to a max of 2 years (look up "re-entry permits"). It would be worth waiting until his citizenship can be applied for.

Also, in terms of coming BACK to the UK, you might want to read this: http://www.visajourney.com/forums/topic/372449-before-you-permanently-move-to-the-us/

You could do it all the other way around, of course - get a fiancé visa to the UK, get married and stay there for a bit, then when you want to go back to the USA, file for a CR/IR-1 via DCF (see the link in my signature), assuming it's still available in whatever future year that is (immigration rules change all the time, so it's hard to predict what options you may or may not have in 4, 5... whatever... years time!).

Edited November 28, 2013 by lost_at_sea

[JoannaV 174]

One thing to think about is whether he would be willing to get US citizenship, and whether you would be willing to get UK citizenship. (Given that it does involve taking an oath, so for some people it is a big deal.) If you guys are willing to do that, then it would make sense for you to live in whichever country you lived in for long enough for the immigrant to become a citizen, before you then tried living in the other country. Overall, an extra year is probably not a big deal.

It's also a good idea to consider the requirements of immigration. Which do change over time so no guarantees it will be the same in the future as now. But for example. Immigration to both US and UK have financial requirements. If you have a very large savings account then great! Otherwise, you need to be able to prove a certain level of income. The US allows you to have another sponsor instead: so if you both were living in the UK with no US-based income but had a US-based parent/family/friend who was willing to sponsor, then you'd still be ok. I believe the UK recently changed its rules so that you can't use a sponsor.

Maybe you could spend 6 months one place and 6 months the other Would be awesome if you could figure that out!

I'll warn you though, once you become an expat you never quite belong anywhere. You miss home but then home is weird to you too!