Question on moving outside the U.S. - green card holder

[kwoodruff 4]

My husband is a K1 visa holder awaiting AOS, which is projected to be approved ~January 2020. We have been discussing our future and we know that at the time we have kids, we will likely want to move back to the UK (as his family is larger and can provide more support). That is probably 5 years away still. Right now, living in the U.S. is the best option for us because I have a good job and we like the area.

 

My questions is: I know green cards can last up to 10 years, so if we decided to move (for example) 5 years in - would that be frowned upon? I am not sure of the time frame that is considered acceptable, but just want to have it in mind as we plan where we want to move and have children, etc.

 

Of course I am aware that if we decided to move the the UK, he would no longer have a green card or legal residency in the U.S. I just want to make sure we find a way to move that is acceptable and by the books if we choose that path.

 

Thanks!

Edited July 16, 2019 by kwoodruff

[payxibka 10,045]

5 minutes ago, kwoodruff said:

My husband is a K1 visa holder awaiting AOS, which is projected to be approved ~January 2020. We have been discussing our future and we know that at the time we have kids, we will likely want to move back to the UK (as his family is larger and can provide more support). That is probably 5 years away still. Right now, living in the U.S. is the best option for us because I have a good job and we like the area.

 

My questions is: I know green cards can last up to 10 years, so if we decided to move (for example) 5 years in - would that be frowned upon? I am not sure of the time frame that is considered acceptable, but just want to have it in mind as we plan where we want to move and have children, etc.

 

Of course I am aware that if we decided to move the the UK, he would no longer have a green card or legal residency in the U.S. I just want to make sure we find a way to move that is acceptable and by the books if we choose that path.

 

Thanks!

Green card validity and relocation to a foreign land are two very different things 

[kwoodruff 4]

5 minutes ago, payxibka said:

Green card validity and relocation to a foreign land are two very different things 

Sorry my question might have been poorly worded, partly due to the fact that I'm not an expert in any of this by any means! I guess I am asking, are there negative ramifications if you decide to move back to your home country while on a U.S. green card? For personal/familial reasons as I noted above. 

[RLA 323]

2 minutes ago, kwoodruff said:

are there negative ramifications if you decide to move back to your home country while on a U.S. green card? For personal/familial reasons as I noted above. 

Not really, especially if he formally surrenders his Greencard once he moves back to the UK.

[ineedadisplayname 499]

6 minutes ago, kwoodruff said:

Sorry my question might have been poorly worded, partly due to the fact that I'm not an expert in any of this by any means! I guess I am asking, are there negative ramifications if you decide to move back to your home country while on a U.S. green card? For personal/familial reasons as I noted above. 

Yes. You will lose the green card. Since the UK is not high risk country probably he will be able to obtain a tourist visa to visit your family. 

 

Also you need to do ROC if the marriage is less than 2 years old when you have the green card interview.

The only way to be reside as much as you want out of the country is to become a citizen first.

 

There is a form you can fill out before leaving as a GC holder which grants you 1 or 2 years outside of the US without losing your status.

 

Since your plans are around 5 years I would wait out the process to become a citizen before moving back to the UK so he would not have any issues if you decide moving back to USA or want an extended stay. 

 

 

Edited July 16, 2019 by ineedadisplayname

[jskibo 588]

If your plan is 5 years out why not have him get citizenship at 3 years and not worry about surrendering green cards?

[kwoodruff 4]

Just now, jskibo said:

If your plan is 5 years out why not have him get citizenship at 3 years and not worry about surrendering green cards?

Good point! For some reason I thought I had read that citizenship takes longer than 3 years.

[Laurelia 3]

7 minutes ago, kwoodruff said:

Good point! For some reason I thought I had read that citizenship takes longer than 3 years.

It might but he is eligible to apply after 3 years of being a green card holder. Then add maybe a other year until oath. This way he can come and go as he pleases. 

 

See this link to determine eligibility. He needs his green card first though so bookmark it for later reference 

 

https://www.uscis.gov/forms/uscis-early-filing-calculator

Edited July 16, 2019 by Laurelia

[payxibka 10,045]

2 minutes ago, kwoodruff said:

Good point! For some reason I thought I had read that citizenship takes longer than 3 years.

Application window opens at three years, then maybe about another year for application to process 

[fip & jim 452]

It's 3 years for a spouse. 

 

Have you researched moving to the UK? It's something we have as a plan B for the future but I don't think I'd have the energy or patience to go through it all again in a few years. 

[USS_Voyager 1,972]

5 minutes ago, kwoodruff said:

Good point! For some reason I thought I had read that citizenship takes longer than 3 years.

Eligible to apply 3 years after marriage and live in marital union with a US citizen

[kwoodruff 4]

37 minutes ago, fip & jim said:

It's 3 years for a spouse. 

 

Have you researched moving to the UK? It's something we have as a plan B for the future but I don't think I'd have the energy or patience to go through it all again in a few years. 

I have done some initial research, but nothing too deep. I have done loads of research on the U.S. immigration process to get the point where we are now (AOS pending), but still have a lot to learn about UK immigration. I agree that immigration is an onerous process and it's hard to think about essentially "starting it all over again" if we moved to the UK. Just want to keep our options open. Definitely understand what you mean though.

[Wuozopo 4,293]

1 hour ago, kwoodruff said:

My husband is a K1 visa holder awaiting AOS, which is projected to be approved ~January 2020. We have been discussing our future and we know that at the time we have kids, we will likely want to move back to the UK (as his family is larger and can provide more support). That is probably 5 years away still. Right now, living in the U.S. is the best option for us because I have a good job and we like the area.

 

My questions is: I know green cards can last up to 10 years, so if we decided to move (for example) 5 years in - would that be frowned upon? I am not sure of the time frame that is considered acceptable, but just want to have it in mind as we plan where we want to move and have children, etc.

 

Of course I am aware that if we decided to move the the UK, he would no longer have a green card or legal residency in the U.S. I just want to make sure we find a way to move that is acceptable and by the books if we choose that path.

 

Thanks!

Let's assume he gets his greencard Jan 5, 2020. On Jan 5, 2023 he has reached his eligibility for US citizenship. The application can be mailed off 90 days prior to his eligibility date, but even if processing was super fast he has to get past 1-5-2023 before he could take the oath ceremony. It will not be super fast but should happen sometime during 2023. Once he become a US citizen, he doesn't have to worry about greencard rules because he would be an American and could move anywhere and always return to the US without any immigration process. 

 

Then he could start the process for you to  live in the UK. The biggest hurdle under current law is the financial requirements which do not allow a co-sponsor. He would have to hold a job in the UK for six months earning above a poverty threshold before you could join him. 

[RLA 323]

Some additional things to consider regarding the citizenship route: 

• Applying for naturalization in the US isn't cheap (although usually worth it for people who want to stay here).
• Once he's a citizen he'll need keep fiing US taxes every year, even when he moves back to the UK. 
• On the other hand, becoming a US citizen would give your family a lot more flexibility.  Say you move to the UK in 5 years but then find out you don't actually like it there anymore.  If he's a US citizen at that point he can just come back with you.  If he's not you'd need to start the whole visa process all over again.

Luckily you don't need to decide that just yet.  You've still got > 3 years before he can apply for naturalization. 

[Ontarkie 14,227]

There is no issues if him/you even if you left a year after GC approval or the next day. The US is not for everyone some leave live in home country and even return later.