From The U.S. to The U.K.

[VadnVince 24]

My wife has been here for 6 years, next month and we've been enjoying our time together.  Considering shifting "our love" back over to her side of the Big Pond, now.  She still has ownership of her home in the U.K. and I thought I'd give my DJ business a try over there.  I have a Motown theme and Brits still love Motown!  From what I could see, I could go over on a Visitor's visa and apply to extend it.  I'd start the business under her name, over there in her name.  Too much competition and low-balling, here in the States and I want to use my being a Detroiter as a novelty over there in the U.K!   

[yuna628 9,676]

US citizens are not allowed to 'move' to the UK with a visitor visa. You will not be able to work, just as someone visiting here cannot work. You will need to go through the lengthy multi-layered - multiple years of process of obtaining legal residency in the UK. It will require your UK spouse returning to the UK without you, and obtaining the work and financial requirements needed to sponsor you. This is quite difficult for many people to accomplish, and unfortunately many UK/US couples are unaware of the stringent rules regarding non-EEA immigrants. This is why so many of these couples remain in the US, and I always advise that unless there is a situation where financials are of no issue and the requirements can be met, to plan to remain in the US for the long haul -- especially until the UK spouse obtains US citizenship. You cannot be in both countries at once and don't want to forfeit a green card. If you haven't done so with citizenship already, plan on protect her status first.. and then study up and prepare for the process on the UK side of things for you. This is based only on your spouse's income alone, with no assistance from anyone else, unless you have a very large amount of savings. You can read the process here: http://britishexpats.com/wiki/Spouse_Immigration-UK 

[VadnVince 24]

Thanks for your reply.  I was aware of the points that you've made and was actually reconciling the ability to "extend" my visit, while not staying over the 12 month limit for my wife's permanent resident status in the USA, while visiting home.

The confusing aspect of this, is the various scenarios on the UK.Gov website that seem appear to allow for  "exceptions."  

 

Standard Visa Extension:

https://www.gov.uk/standard-visitor-visa/extend-your-visa

 

Visa Extension with a Family Member (spouse)

https://www.gov.uk/uk-family-visa

 

 

 

 

 

[shell20 746]

On 10/18/2017 at 5:44 PM, VadnVince said:

Thanks for your reply.  I was aware of the points that you've made and was actually reconciling the ability to "extend" my visit, while not staying over the 12 month limit for my wife's permanent resident status in the USA, while visiting home.

The confusing aspect of this, is the various scenarios on the UK.Gov website that seem appear to allow for  "exceptions."  

 

Standard Visa Extension:

https://www.gov.uk/standard-visitor-visa/extend-your-visa

 

Visa Extension with a Family Member (spouse)

https://www.gov.uk/uk-family-visa

 

 

I think the reason may be that they revised their policies in August 2017.  They still hold the £18,600 criteria if you want your spouse to come over and live/work.  Not sure if it's for 6 months. What made me look was it said you and your partner must be earning a combine £18,600 which it never said before.  However they have given you more options I think something like projected earnings and parents, children, friends acting as a guarantor. It all seems quite complex.  Just like it is here really.  As for your wife wouldnt it be an idea to make her citizen here before you leave then you wont have to come back before the 12 month limit.  I don't know if she is eligible, I am assuming she is British, so she can have dual citizenship.

 

 

 

[VadnVince 24]

32 minutes ago, shell20 said:

 

Thanks for your info.  I continued my "research" and it's, indeed, a combination of bureaucracy & bucks on BOTH shores.  She'll be leaving, in a couple weeks, for an extended stay to take care of Mum.   I forgot to check the time for  U.S. citizenship eligibility and just discovered that it was February of LAST year!  My mind was stuck on 5 years instead of 3 years!  Originally, my wife was reluctant to apply for citizenship, because she thought she'd be forfeiting her natural citizenship.  But I'm going to get the process started for THAT instead.   Thanks again for your input!

Edited October 26, 2017 by VadnVince
modified comments

[VadnVince 24]

After further "investigation", I realized it will be "simpler" to just go on and have my wife make her planned extended visit and just be back before the 12 month limitation on the "green card."  I plan to visit for Christmas and stay for as long as possible, before returning for a hopeful new job in early 2018, in the States, at United Airlines.  I already have retiree flight privileges from Southwest Airlines, which give a nice discount, but an international carrier like United would be even nicer.  Then we could go back and forth for business and pleasure with no issues.  Meanwhile, I just realized that she is eligible for N-400 (where did the time go), so I'll get that started, so we can do away with the "green card."  

[shell20 746]

45 minutes ago, VadnVince said:

Thanks for your info.  I continued my "research" and it's, indeed, a combination of bureaucracy & bucks on BOTH shores.  She'll be leaving, in a couple weeks, for an extended stay to take care of Mum.   I forgot to check the time for  U.S. citizenship eligibility and just discovered that it was February of LAST year!  My mind was stuck on 5 years instead of 3 years!  Originally, my wife was reluctant to apply for citizenship, because she thought she'd be forfeiting her natural citizenship.  But I'm going to get the process started for THAT instead.   Thanks again for your input!

Trouble is that if your wife leaves for an extended time whilst its processed she might get denied. I do think they look at the time out of the country 18 months in 3 years, cant have any longer but I think they look at what time you out of the country whilst youre N400 was lined up for interview.   Also it's far quicker to file online, looking at the timelines of people. You're talking around 5 months but some are faster. One just got approved when filing in July and that was online.

[VadnVince 24]

10 minutes ago, Dee elle said:

Dont forget to check if an extended absence between the time of filing the N400 and it being adjudicated will impact eligibility.

The minimum 3 years of uninterrupted, permanent residency has already been satisfied.  So visiting somewhere outside of the country, whether it's a 2 week vacation, or 11 months & 28 days, would make no difference at this point.

[shell20 746]

33 minutes ago, VadnVince said:

After further "investigation", I realized it will be "simpler" to just go on and have my wife make her planned extended visit and just be back before the 12 month limitation on the "green card."  I plan to visit for Christmas and stay for as long as possible, before returning for a hopeful new job in early 2018, in the States, at United Airlines.  I already have retiree flight privileges from Southwest Airlines, which give a nice discount, but an international carrier like United would be even nicer.  Then we could go back and forth for business and pleasure with no issues.  Meanwhile, I just realized that she is eligible for N-400 (where did the time go), so I'll get that started, so we can do away with the "green card."  

https://www.uscitizenship.info/blog/can-i-travel-after-filing-the-us-citizenship-application/

[VadnVince 24]

1 minute ago, shell20 said:

Trouble is that if your wife leaves for an extended time whilst its processed she might get denied. I do think they look at the time out of the country 18 months in 3 years, cant have any longer but I think they look at what time you out of the country whilst youre N400 was lined up for interview.   Also it's far quicker to file online, looking at the timelines of people. You're talking around 5 months but some are faster. One just got approved when filing in July and that was online.

She's been in possession of her green card, with residency, for over four years now.  The only restriction is the 12 month period.  And she will be return, before that even gets close or for any appointments.  Whichever comes first.

[shell20 746]

5 minutes ago, VadnVince said:

The minimum 3 years of uninterrupted, permanent residency has already been satisfied.  So visiting somewhere outside of the country, whether it's a 2 week vacation, or 11 months & 28 days, would make no difference at this point.

I hear what youre saying, but I am sure I read an article relating to this that said the interviewer will look at the time between applying and interview, there was some kind of clause, that basically it looks suspicious if you go out of the country and work in the interim period. Not sure if your wife will be working. Wish I could find the article.  If you go for the 1 year option, I think you might need to apply for a re entry permit. I think you're not allowed longer than 6 months at once for citizenship. Its all so complicated. I might be totally wrong.  I would go to the N400 forum and ask the people going through it now.  Good luck!

[VadnVince 24]

3 minutes ago, shell20 said:

https://www.uscitizenship.info/blog/can-i-travel-after-filing-the-us-citizenship-application/

Thanks.  This confirms our position.  The permanent residency minimum has been satisfied and caring for a home-bound relative is a "genuine reason" for an extended stay, as well. 

[geowrian 22,337]

9 minutes ago, VadnVince said:

The minimum 3 years of uninterrupted, permanent residency has already been satisfied.  So visiting somewhere outside of the country, whether it's a 2 week vacation, or 11 months & 28 days, would make no difference at this point.

Right..it was satisfied. But it might not be at the time they adjudicate the N-400. You must maintain continuous residency. 11 months and 28 days outside the US would likely find that this requirement has not been met at the time they make a decision on the case.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartD-Chapter3.html

"An applicant for naturalization under the general provision ^[1] must have resided continuously in the United States after his or her lawful permanent resident (LPR) admission for at least five years prior to filing the naturalization application and up to the time of naturalization. "

 

Note that this is for the 5 year rule, but it's the same for the 3 year rule...just with 3 years instead of 5.

[VadnVince 24]

4 minutes ago, shell20 said:

I hear what youre saying, but I am sure I read an article relating to this that said the interviewer will look at the time between applying and interview, there was some kind of clause, that basically it looks suspicious if you go out of the country and work in the interim period. Not sure if your wife will be working. Wish I could find the article.  If you go for the 1 year option, I think you might need to apply for a re entry permit. I think you're not allowed longer than 6 months at once for citizenship. Its all so complicated. I might be totally wrong.  I would go to the N400 forum and ask the people going through it now.  Good luck!

Thanks again.  I'm looking at the U.S. Immigration information website.

[shell20 746]

Just now, VadnVince said:

Thanks again.  I'm looking at the U.S. Immigration information website.

https://citizenpath.com/travel-abroad-affects-citizenship-eligibility/  This outlines most stuff but still not found the article regarding leaving the US and working whilst waiting for N400.  Thing is your wife would have to come back for biometrics.