Moving to UK for Employment with GC Holder UK Spouse

[gumbi2400 1]

Hello all,

This forum was super helpful in getting my wife (UK citizen) over here and settled, so I am back after a few years in need of further assistance.

I recently received a job offer in London that I have accepted, and we will be moving there most likely within the next few months. I will be entering the UK on a work visa as my wife is currently unemployed and we as such we don't satisfy the income requirements for a UK spouse visa. If things don't work out, we really want to have the option of coming back. After doing a lot of reading, I'm not sure what we should do. As I see it we have a few options.

1) Apply for a re-entry permit and we should be pretty much good to go if we decide to move back in less than two years. I see this as being a bit tough since we will have difficulties proving we were "domiciled" in the US while away. I don't think a US mailing address (my mother's house) qualifies for this requirement.

2) Just move and apply for a new spouse visa on return (not sure how income requirements work if I'm in another country but that's what Google is for!).

3) Have my wife apply for US citizenship (she qualifies as of this month) and not worry about it. This could be difficult, as one of the requirements of obtaining citizenship is proof of intention to settle permanently in the US, when in reality we aren't sure which country we want to settle in permanently. Not to mention the fact that would most likely be leaving the country well before the application would be processed (gotta love how long US immigration takes!).

I know that this sort of thing can be quite tricky so any advice/insight would be greatly appreciated.

P.S. Mods, if this isn't the correct forum, please feel free to move this thread as needed.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration to General Immigration-Related Discussion.

[EM_Vandaveer 2,408]

"This could be difficult, as one of the requirements of obtaining citizenship is proof of intention to settle permanently in the US, when in reality we aren't sure which country we want to settle in permanently."

There is no such requirement for a citizenship application. On the contrary, often a beneficiary would obtain US citizenship prior to moving to another country, so there is no problem with coming back to the US in the future. As a US citizen, your wife may live in any country.

Edited March 31, 2014 by EM_Vandaveer

[gumbi2400 1]

There is no such requirement for a citizenship application. On the contrary, often a beneficiary would obtain US citizenship prior to moving to another country, so there is no problem with coming back to the US in the future. As a US citizen, your wife may live in any country.

I could have sworn that it was possible to lose the citizenship by moving out of the country within 6 months of being naturalized.

So the next question would be, is it possible to apply for naturalization and move before it's granted? If so, are there any pitfalls to watch out for?

[ArandaTeixeiraLaw 0]

Depending on where you are filing from, it may be possible for the processing time to be as short as around 5 months. Granted, this varies depending on circumstances and on your location so search for your relevant USCIS field office: https://egov.uscis.gov/cris/processTimesDisplayInit.do

I don't know the details of your case (comment implying legal authority removed - VJ Moderation) Nevertheless, I would consider it a wiser move to seek naturalization before moving away rather than imperil both your spouse's residency and potential naturalization.

Edited April 4, 2014 by Kathryn41

[gumbi2400 1]

Depending on where you are filing from, it may be possible for the processing time to be as short as around 5 months. Granted, this varies depending on circumstances and on your location so search for your relevant USCIS field office: https://egov.uscis.gov/cris/processTimesDisplayInit.do

I don't know the details of your case (and therefore clearly this does not establish a lawyer-client relationship nor is this legal advice). Nevertheless, I would consider it a wiser move to seek naturalization before moving away rather than imperil both your spouse's residency and potential naturalization.

Unfortunately, I will be moving either way within the next 2 months. If we apply, would the application automatically be abandoned when we move?

[ArandaTeixeiraLaw 0]

Unfortunately, I will be moving either way within the next 2 months. If we apply, would the application automatically be abandoned when we move?

To quote from one of the textbooks (comment edited -VJ Moderation), "The LPR may not be able to meet the continuous residence requirement if he or she has been outside of the U.S. for more than six months without interruption; absences of one year or more create an absolute bar to meeting this requirement, unless the LPR takes steps before the expiration of the year abroad to preserve continuity of residence [...] USCIS takes the position that absences occurring both prior and subsequent to the filing of the naturalization application may break the required continuity of residence for naturalization purposes. As a result, the agency will deny naturalization if the applicant is absent form the U.S. for more than one year between the date of his interview and the date of the oath ceremony."

In other words, while the wording is different, your caution regarding your move and its impact on the naturalization process would seem to be warranted. There are exceptions to the residency rules described above but those are really fact dependent and you would need to have a full consultation with an experienced immigration lawyer if you wanted to explore those options.

Edited April 4, 2014 by Kathryn41

[blk 87]

Hello all,

This forum was super helpful in getting my wife (UK citizen) over here and settled, so I am back after a few years in need of further assistance.

I recently received a job offer in London that I have accepted, and we will be moving there most likely within the next few months. I will be entering the UK on a work visa as my wife is currently unemployed and we as such we don't satisfy the income requirements for a UK spouse visa. If things don't work out, we really want to have the option of coming back. After doing a lot of reading, I'm not sure what we should do. As I see it we have a few options.

1) Apply for a re-entry permit and we should be pretty much good to go if we decide to move back in less than two years. I see this as being a bit tough since we will have difficulties proving we were "domiciled" in the US while away. I don't think a US mailing address (my mother's house) qualifies for this requirement.

2) Just move and apply for a new spouse visa on return (not sure how income requirements work if I'm in another country but that's what Google is for!).

3) Have my wife apply for US citizenship (she qualifies as of this month) and not worry about it. This could be difficult, as one of the requirements of obtaining citizenship is proof of intention to settle permanently in the US, when in reality we aren't sure which country we want to settle in permanently. Not to mention the fact that would most likely be leaving the country well before the application would be processed (gotta love how long US immigration takes!).

I know that this sort of thing can be quite tricky so any advice/insight would be greatly appreciated.

P.S. Mods, if this isn't the correct forum, please feel free to move this thread as needed.

Hi I hope that this might be of some help, if your wife does go back to the UK with out getting her US citizenship, then as long as you can full fill the requirements you can always file a new application for another G/C with the Embassy in London it's called a DCF & I think that it takes about 3/4 months to get it done. So when you are ready to return to the US then just file in time before your return date & she will then enter as a resident.

Brian

Edited April 3, 2014 by blk