STRESS! Traveling abroad for work, help me understand my situation.

[thrashunreal 20]

I moved to the US in October 2016, on a K1 visa and was married two weeks later. I received my greencard for two years in June 2017. It will not expire until June 2019, so we will file for AOS three months before then.

 

I have been working in the US since around May 2017 and filed taxes jointly with my husband recently.

 

I have a lease that has no end date currently, with mine and my husband’s names on – but I am sure if I needed to have a copy made with a date on, my landlord would do this for me.

 

I am really, desperately unhappy with work and miss my old place of employment so much. They recently reached out and asked if I would consider returning to the UK from July to February to fill my old position as the person who replaced me recently left.

 

I would love to take this opportunity, but do not want it to impact upon my greencard status. I asked my old company if they could pay me into my US paypal so I could deposit it into my US bank account. I am confused as to what would happen with my payroll if it was ran in the UK, like which country I should be paying tax in, or if I just pay tax in US for the time I have worked here? And pay UK tax for the 6 or so months I am there.

 

I am also looking at breaking it up into two/three month chunks with a return to the US to see my husband and dogs. He would also fly to the UK to spend a small amount of time there.

 

Does anyone see any red flags with this plan? The opportunity to be with old friends and family and actually get paid a living wage in a role I love is incredibly tempting, I am so torn between my two lives! My husband has been supportive of whatever I choose, my dad was recently really sick so the opportunity to spend some time with him would also be amazing.

 

Sorry for the essay. I have until this time tomorrow to let them know.

 

I have been reading online a ton but any very specific information (credible, links), or first hand experience would be so appreciative.

 

Y'all are amazing and my husband and I could not have done this without you!

 

If you took the time to read this, you are my hero.

[abum 324]

5 minutes ago, thrashunreal said:

I moved to the US in October 2016, on a K1 visa and was married two weeks later. I received my greencard for two years in June 2017. It will not expire until June 2019, so we will file for AOS three months before then.

 

I have been working in the US since around May 2017 and filed taxes jointly with my husband recently.

 

I have a lease that has no end date currently, with mine and my husband’s names on – but I am sure if I needed to have a copy made with a date on, my landlord would do this for me.

 

I am really, desperately unhappy with work and miss my old place of employment so much. They recently reached out and asked if I would consider returning to the UK from July to February to fill my old position as the person who replaced me recently left.

 

I would love to take this opportunity, but do not want it to impact upon my greencard status. I asked my old company if they could pay me into my US paypal so I could deposit it into my US bank account. I am confused as to what would happen with my payroll if it was ran in the UK, like which country I should be paying tax in, or if I just pay tax in US for the time I have worked here? And pay UK tax for the 6 or so months I am there.

 

I am also looking at breaking it up into two/three month chunks with a return to the US to see my husband and dogs. He would also fly to the UK to spend a small amount of time there.

 

Does anyone see any red flags with this plan? The opportunity to be with old friends and family and actually get paid a living wage in a role I love is incredibly tempting, I am so torn between my two lives! My husband has been supportive of whatever I choose, my dad was recently really sick so the opportunity to spend some time with him would also be amazing.

 

Sorry for the essay. I have until this time tomorrow to let them know.

 

I have been reading online a ton but any very specific information (credible, links), or first hand experience would be so appreciative.

 

Y'all are amazing and my husband and I could not have done this without you!

 

If you took the time to read this, you are my hero.

the way i see it, as long as your travel abroad is a temporary travel in nature, it should not affect your Green Card status - though it would be safer if you apply for re-entry permit the whole duration you are out of the USA (doing whatever). 

 

Tax wise, UK and the USA have some sort of agreement (tax treaty) so you should look into that.

[Russ&Caro 1,549]

I don't know the answer to this but is it possible to be part of the Visa Waiver Program after receiving a k1/green card? If so, then surrendering your green card and using ESTA would seem to be a good fit where you travel back and forth to the US but probably for not longer than 3 months as you continue your employment in the UK. Then, when you're finally ready to move back to the US you can apply via CR1, which in some ways is much easier and less expensive than the k1 you filed previously.

[Roel 7,192]

Or instead of complicating your immigration history, just find a job in the US that makes you happy. In the end, green card means you have to primary live and work in the US.

[thrashunreal 20]

3 minutes ago, Roel said:

Or instead of complicating your immigration history, just find a job in the US that makes you happy. In the end, green card means you have to primary live and work in the US.

That definitely wasn't what I was asking, but thanks for stopping by.

[Roel 7,192]

6 minutes ago, thrashunreal said:

That definitely wasn't what I was asking, but thanks for stopping by.

Well what I'm saying is that if you plan on living in the US for a long time, then might as well start getting used to it.  It's not going to get any easier if you keep going back to the UK to live and work. Not to mention if you plan on doing that for a longer time, you will eventually face issues when trying to go back to the US. Just paying taxes isn't good enough proof of residency.

 

I'm just being honest. If you weren't ready to move to the US, then you should have waited with your visa application.

Edited March 26, 2018 by Roel

[thrashunreal 20]

Just now, Roel said:

Well what I'm saying is that if you plan on living in the US for a long time, then might as well start getting used to it.  It's not going to get any easier if you keep going back to the UK to live and work. Not to mention if you plan on doing that for a longer time, you will eventually face issues when trying to go back to the US.

 

I'm just being honest. If you weren't ready to move to the US, then you should have waited with your visa application.

Hi, sorry, did you see the part about my dad being sick? He was in a coma for three months which wasn't an issue when I applied for a K1 in 2016. Unexpected things happen that pull you to certain places. Leaving here and not working is not an option for me. Taking this position temporarily enables me to be with my family momentarily.  I wasn't asking for anyones opinion, just personal experience and information. 

[Paul & Mallory 1,398]

18 minutes ago, thrashunreal said:

Hi, sorry, did you see the part about my dad being sick? He was in a coma for three months which wasn't an issue when I applied for a K1 in 2016. Unexpected things happen that pull you to certain places. Leaving here and not working is not an option for me. Taking this position temporarily enables me to be with my family momentarily.  I wasn't asking for anyones opinion, just personal experience and information. 

I certainly don't intend on coming off as insensitive to your situation and am sorry to hear about your dad - my fiancé's father has some health concerns arising as we approach his POE, so I can understand the emotional part of that. However, if you weren't asking for anyone's opinion, I'm not sure posting here was the right idea, then. It's rare to find someone whose experience or situation is identical to yours, so a majority of what is shared here are, in fact, people's opinions.

 

While some opinions are sometimes shared on the side of bluntness, and can sometimes be mistaken as rude, there's sometimes some really sound advice within some of those opinions worth considering. I can see both sides of this fence. I can understand the pull to be around family and friends and having some of your original comfort zone back. But I also see where people are coming from, in that it may only prolong your personal integration process. As in, may just make it harder for longer to "settle in" in the states. There are also risks involved with the immigration process itself, as others have mentioned. No one can say for sure if that would for sure happen, but any time you disrupt the process for any reason, despite your intentions, there's always the possibility of hitting a snag. Sometimes it just comes down to the person you wind up face to face with upon reentry.

 

The best advise I can think to give you is to just make sure you weigh ALL pros and cons, including the possibilities, and make sure you make a decision based on all the facts, and not solely based on emotion. While basing it on emotion may alleviate the emotional weight you're currently carrying, you just have to look ahead and ask yourself - does giving myself this satisfaction now only cause complications down the road? If so, am I willing to and prepared to handle those complications, should they arise? Is it worth the complications?

 

Best of luck to you, and well wishes and prayers for your father. xo

[yuna628 9,676]

OP: Unfortunately what you intend to do sounds very risky and inherently complicates things. Visiting your family is fine, but you now want to basically re-establish domicile back into the UK and work. When you left for the US, did you inform the UK government that you were leaving? You cannot reside in two places, and you will have lost your ability to utilize the NHS without a surcharge unless you establish yourself back as a UK resident. Green cards, really are truly for living and working in the US. You have one, and now it is your responsibility to guard it carefully or everything will be for nothing. You will make your tax situation very complicated, and put your green card at risk for attempting this. So if you are asking if your plan has red flags, the answer is, yes, and is the risk worth it? How will you address these work and residency issues come ROC time? What will you tell the CBP? What happens if you are stripped of your green card and prevented from returning? What happens if the UK prevents your spouse from entering to visit you?

 

You have to either establish your life in the US until you undertake citizenship or establish your life in the UK and bring your US spouse there. You cannot do both. It is a hard choice, and one we've all had to make, in the face of our own difficulties. My sympathies regarding your family member's health situation.. but my honest suggestion would be to simply visit your family for a vacation, and then return to the US and find a job that's acceptable and makes YOU happy. You don't need to be stuck in a job that you don't enjoy. If you think you have the monetary security and ability to travel like that, then I think you also have the ability to leave the unhappy job and find one that works for you stateside.

[Nitas_man 3,100]

On ‎3‎/‎26‎/‎2018 at 8:44 PM, thrashunreal said:

I moved to the US in October 2016, on a K1 visa and was married two weeks later. I received my greencard for two years in June 2017. It will not expire until June 2019, so we will file for AOS three months before then.

 

I have been working in the US since around May 2017 and filed taxes jointly with my husband recently.

 

I have a lease that has no end date currently, with mine and my husband’s names on – but I am sure if I needed to have a copy made with a date on, my landlord would do this for me.

 

I am really, desperately unhappy with work and miss my old place of employment so much. They recently reached out and asked if I would consider returning to the UK from July to February to fill my old position as the person who replaced me recently left.

 

I would love to take this opportunity, but do not want it to impact upon my greencard status. I asked my old company if they could pay me into my US paypal so I could deposit it into my US bank account. I am confused as to what would happen with my payroll if it was ran in the UK, like which country I should be paying tax in, or if I just pay tax in US for the time I have worked here? And pay UK tax for the 6 or so months I am there.

 

I am also looking at breaking it up into two/three month chunks with a return to the US to see my husband and dogs. He would also fly to the UK to spend a small amount of time there.

 

Does anyone see any red flags with this plan? The opportunity to be with old friends and family and actually get paid a living wage in a role I love is incredibly tempting, I am so torn between my two lives! My husband has been supportive of whatever I choose, my dad was recently really sick so the opportunity to spend some time with him would also be amazing.

 

Sorry for the essay. I have until this time tomorrow to let them know.

 

I have been reading online a ton but any very specific information (credible, links), or first hand experience would be so appreciative.

 

Y'all are amazing and my husband and I could not have done this without you!

 

If you took the time to read this, you are my hero.

In our experience as long as you maintain your lease and your US ties you should be OK.  Keep your drivers license current, stay on your husband's health insurance, keep your joint bank account, carry a couple of joint credit cards, make sure you're listed as a beneficiary on everything, and stay on the auto insurance policy in the US.  7 months probably won't even raise eyebrows, at least it did not raise eyebrows for us. 

 

This is my recommendation if you really want a solid, worry-free time away:  Apply for a travel document now.  All you need to do is attend the biometrics appointment.  Get fingerprinted, then leave.  A valid travel document is de facto proof of intent to maintain ties and it will buy you up to two years. Your fingerprint appointment will probably be about 3-4 weeks out.   On the form you can check that you want the travel document sent to the nearest embassy or consulate (London?) and you can pick it up there.

 

You cannot be "stripped" of a green card, but you can enter and be put into removal proceedings, which is expensive and time-consuming but with the ties above you will probably win.  That is worst case, and usually happens after a >1 year stay outside with no travel document.  Good luck.

 

 

 

Edited March 29, 2018 by Nitas_man

[Sammy Jankis 0]

On 3/29/2018 at 8:42 AM, Nitas_man said:

In our experience as long as you maintain your lease and your US ties you should be OK.  Keep your drivers license current, stay on your husband's health insurance, keep your joint bank account, carry a couple of joint credit cards, make sure you're listed as a beneficiary on everything, and stay on the auto insurance policy in the US.  7 months probably won't even raise eyebrows, at least it did not raise eyebrows for us. 

 

This is my recommendation if you really want a solid, worry-free time away:  Apply for a travel document now.  All you need to do is attend the biometrics appointment.  Get fingerprinted, then leave.  A valid travel document is de facto proof of intent to maintain ties and it will buy you up to two years. Your fingerprint appointment will probably be about 3-4 weeks out.   On the form you can check that you want the travel document sent to the nearest embassy or consulate (London?) and you can pick it up there.

 

You cannot be "stripped" of a green card, but you can enter and be put into removal proceedings, which is expensive and time-consuming but with the ties above you will probably win.  That is worst case, and usually happens after a >1 year stay outside with no travel document.  Good luck.

 

 

 

Hello, Nitas_man,

 

Would you have any experience in how this would affect a subsequent naturalization application - not just due to travel (a simple journey abroad should not present too big of an issue), but working abroad and presumably claiming foreign tax credit on your tax returns? 

[Sammy Jankis 0]

Thanks, I do know about physical presence; my query is more related to working while abroad (and declaring it on 1040 as one should, of course) - I know the rules, but was wondering what happens in practice when filing for naturalization.

[KeratNY 76]

Surprised no one mentioned the re-entry permit (or maybe I missed it). That's what it's there for. That will enable you to leave for an extended period of time and not endanger your green card.