Moving to the UK for husband's job

[Ang3lus 13]

Hi a have a situation coming up and I'm not sure what my options are.

I got my "temporary" green card on December 2013 and I will need to remove the conditions around September 2015.

The problem that I'm about to have is that my husband got offered an amazing transfer position in London by late 2014, and it will be at least for 2-3 years before we come to the states. This opportunity It is too good to pass, and no way I would let him go without me that is just not an option!

Is there anything I can do to remove conditions from abroad? I know I can get advance parole so I can come in and out of the states in case it is need it, only for 2 years and I may expired before we have to return.

Should I travel back into the USA every now and then to not be outside for too long?

Should I come for a little while (couple months) on the time that I have to remove conditions?

Should I just let it expired and reapply to the i485 form process and since we will be married more than 2 years I will just get the green card with no restrictions, and if I do this would it be a problem that I had it before and "abandoned" it?

I'm very confused, and honestly don't know what route to take.

I'm thinking on asking a lawyer, but we all know that we can all find most answer and do most things without them :-)

[Caryh 5,206]

To keep your green card valid, you need to maintain residence in the USA. You could apply for a re-entry permit, which will allow you to stay out of the country up to two years, but you problem is removing conditions. I do not believe you'll be able to do that while living abroad.

You do not need Advances Parole to leave the country, your green card gave you all those rights.

If your green card expires while you are gone, you'll need to go through the entire spousal visa process again. With the advantage of you'll be married over two years and get the ten year card.

[aaron2020 11,651]

Give up the green card. Turn it in and apply for a tourist visa for your occasional trips to the US.

ROC will be difficult if not impossible.

DCF is available in the UK. Once your husband chooses to return to the US, it will take less than 6 months for him to apply in the UK for a new immigration visa for you which will get you a 10 years green card.

DCF is cleaner. No need for ROC. Do what is common. Don't try something exotic like ROC from abroad.

[UK_Fan 192]

The thing that will hurt her if she gives up the GC, she will have to wait another 3 years to file for citizenship. What if he has to move abroad again... Give up the GC again? I would just suck it up and wait and get citizenship.

[aaron2020 11,651]

The thing that will hurt her if she gives up the GC, she will have to wait another 3 years to file for citizenship. What if he has to move abroad again... Give up the GC again? I would just suck it up and wait and get citizenship.

How would you suggest she suck it up and wait to get US citizenship?

How would she go about it when her USC husband will be in the UK for 2-3 years?

You do realize there is a physical presence requirement for US citizenship right? How is she going to meet that if she is living outside the US (even with a Re-Entry Permit)?

Please explain how you would work this situation for her to suck it up for US citizenship without being separated from her husband who will be in the UK in order to meet the physical presence requirement of being in the US for citizenship.

[christeen 966]

I agree that you probably will have to abandon the GC (without prejudice ) then, when ready to move back, file DCF from UK to get GC (10 year this time) ...

[UK_Fan 192]

How would you suggest she suck it up and wait to get US citizenship?

How would she go about it when her USC husband will be in the UK for 2-3 years?

You do realize there is a physical presence requirement for US citizenship right? How is she going to meet that if she is living outside the US (even with a Re-Entry Permit)?

Please explain how you would work this situation for her to suck it up for US citizenship without being separated from her husband who will be in the UK in order to meet the physical presence requirement of being in the US for citizenship.

First of all, I don't appreciate you replying to MY OPINION in a condescending manner. That's one. Two. By sucking it up, I meant for her to keep US as her primary place of residence until she gets her citizenship. She can always go and stay with her husband for up to 6 months.

Whatever OP ultimately decides to do, will not be decided by anybody on this forum. She simply came to see her options. What I suggested, is an option.

[Caryh 5,206]

First of all, I don't appreciate you replying to MY OPINION in a condescending manner. That's one. Two. By sucking it up, I meant for her to keep US as her primary place of residence until she gets her citizenship. She can always go and stay with her husband for up to 6 months.

Whatever OP ultimately decides to do, will not be decided by anybody on this forum. She simply came to see her options. What I suggested, is an option.

repeated 6 month visits out of the USA will reset her count on the 18 months continuous stay to apply for citizenship.

[aaron2020 11,651]

First of all, I don't appreciate you replying to MY OPINION in a condescending manner. That's one. Two. By sucking it up, I meant for her to keep US as her primary place of residence until she gets her citizenship. She can always go and stay with her husband for up to 6 months.

Whatever OP ultimately decides to do, will not be decided by anybody on this forum. She simply came to see her options. What I suggested, is an option.

It was not intended to be condescending.

You suggest without specifics as to how it could be done.

Of course, she will make up her own mind.

You offered a suggestion without any substance. All I want was for you to clarify how it could be done.

[UK_Fan 192]

repeated 6 month visits out of the USA will reset her count on the 18 months continuous stay to apply for citizenship.

well she would just have to stay within the guidelines. also, somehow ppl that are married to their spouses who are stationed overseas do it. i know that it involves orders and stuff.

however. the best bet would be for her to make an info pass appt and get it over with.

[Ang3lus 13]

Thank u so much for your replies! First I would appreciate if u guys don't refer to me as she/her. I'm a married male on a same sex marriage, that's why I say "husband" :-)

Now that a side LOL

Staying here and going to visit my husband back and forward it is not an option for me, I just don't see having that type of life style a be a part (I can't barely go on vacation or deal with been separated for more than 2 weeks) Doesn't work for me. And I didn't marry him just for the sake of immigration purposes. That's why I wouldn't care if it takes longer for me to become a citizen. That is not my priority. I want to be informed and have things taking care of ahead of time so we don't run into the problem of having to be separated because we didn't do things on time (like me not been aloud to come back into the states)

I have also been investigating myself and there is this special situations for naturalization ahead of time as a CPR without having to remove conditions if your us citizen spouse works abroad http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter5.html (and this is not only for people working for the government or in the military)

I think I'm gonna have to go to an attorney anyways and ask more details just to make sure of all the options I may have. If u guys know of anyone in a similar situation or more information it would be gladly appreciate it

[aaron2020 11,651]

well she would just have to stay within the guidelines. also, somehow ppl that are married to their spouses who are stationed overseas do it. i know that it involves orders and stuff.

however. the best bet would be for her to make an info pass appt and get it over with.

So your answer is go to USCIS for help in determining what decision she needs to make?

USCIS does not offer legal advice. That's what lawyers are for.

US military orders are completely a different beast. They have separate and special rules for soldiers and their families stationed overseas.

Edited June 11, 2014 by aaron2020

[Caryh 5,206]

well she would just have to stay within the guidelines. also, somehow ppl that are married to their spouses who are stationed overseas do it. i know that it involves orders and stuff.

however. the best bet would be for her to make an info pass appt and get it over with.

I think what people are telling her, is its going to be very difficult to balance the residency requirement of the legal resident if she's living with her husband in the UK. Add in the need to return to remove conditions, and show a commingling and such with her husband out of the country. Now try top drag this out for three years and not lose her green card any way may not be easy. If she does it, she'll still likely have an 18 month wait for citizenship. Why go through all the headache? Why be separated with your husband so much? Go be with him and then file the DCF and come back with the 10 year card. Much more straight forward and easier to do.

oops sorry about the her usage, just an assumption.

Edited June 11, 2014 by Caryh

[UK_Fan 192]

So your answer is go to USCIS for help in determining what decision she needs to make?

USCIS does not offer legal advice. That's what lawyers are for.

US military orders are completely a different beast. They have separate and special rules for soldiers and their families stationed overseas.

I'm sure the uscis will be able to tell her exactly what she can and can not do. everything on this forum is a hear say kinda information. i would make an appointment and hear the right information from the horses mouth.

[elmcitymaven 9,712]

Abandon the GC, move to London, file DCF when you're ready to return. DCF in London has always been quick (2007 graduate here myself) and fairly painless. Make sure your husband maintains domicile in the US by keeping his driving license valid, maintaining bank accounts, voting from abroad, filing taxes, etc. It really isn't a big deal, and the expense of you flying back and forth and maintaining separate residences far outstrips the cost of filing for an IR-1 visa via DCF.

You and your husband's happiness and togetherness are far more important than immigration issues here. When you move back, you'll have no need to remove conditions and you just wait another three years for citizenship. This is uncomplicated. Now go have a wonderful time during your time abroad.

Edited June 11, 2014 by the maven