PR by marriage stayed overseas for 18 months need to return

R

Robs Wife

New Member
I am a permanent resident by marriage. We have 4 children, 3 born in the States and the youngest born here in the UK. I did abandon my residency status as my husband moved over to the UK with limited leave to remain. BUT he hasn't been able to find a job in the 12 months he has been here. We also can't claim any "public funds" because of his visa. With no income and almost no money left to live on we have no option but to move back to the States.

My husband is arranging to register our youngest (11 months old) as a US Citizen, so the children can all return on US passports like their daddy. But I never took out US Citizenship before we left, and since we thought we would be living in the UK long term I never got an I-131 either. We have maintained a US Bank account, are current on income tax filings, and own a property that we rent out.

Would it be easier to just reapply for another I-130 visa or is it worth applying for a returning resident visa, which would still involve having to apply for a visa? I've been gone from the US since October 13, 2015, and our daughter was born February 2016.

Our only other option is for my husband to leave and return to the US to find work and for me to claim public funds as a single parent. We would rather not face a third immigration forced separation in our marriage, but without a job my husband can't stay.
 
You've abandoned LPR status, and need to start all over again. For the reasons you've given, an SB1 visa will not be approved and you'd be wasting your already meagre funds. The I-130 is also pretty hefty, so you would have saved a tonne of money and hassle had you applied for a re-entry permit. You can voluntarily surrender your GC and apply for the I-130. In the UK, it shouldn't take long.
 
cafeconleche said:
You've abandoned LPR status, and need to start all over again. For the reasons you've given, an SB1 visa will not be approved and you'd be wasting your already meagre funds. The I-130 is also pretty hefty, so you would have saved a tonne of money and hassle had you applied for a re-entry permit. You can voluntarily surrender your GC and apply for the I-130. In the UK, it shouldn't take long.
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That's what I thought we would need to do. Thank you for such a quick confirmation. Do I surrender my GC at the Consulate or do I need to send it to USCIS in the States?
 
Whether you have lost permanent residency is not determined by how long you've been away, but by the overall facts of your situation. I am not convinced that you have abandoned residence in your situation. If your green card is unexpired, you can still travel to the US to try to seek entry. While it is true that a green card is only valid for re-entry after an absence of less than 1 year, CBP has the authority to (and often do, especially for the first time and it's not long after 1 year) waive that requirement for entry if they feel that you didn't abandon residence. And even if CBP denies you entry, if you refuse to voluntarily give it up, you are put into removal proceedings where you can also argue that you didn't abandon residence, and where the immigration judge and admit you as a permanent resident if they agree. Make sure to bring the evidence that you've maintained accounts and filed taxes when you go.
 
Hmm, I don't agree, and Robs Wife also seems to think she has abandoned. It's a LOT of uncertainty for a family, don't you think? If you're going to shell out for a flight that might result in denial at the border, then avoiding the hassle might be worth it.

Anyway the decision is up to you. If you share the facts you've shared here with CBP upon entry, I really don't see how it will work, but if you can explain them differently without lying, maybe. Were you ill at all during your trip?

Anyway, maybe have a look at this: http://lawandborder.com/risk-abandoning-green-card-abroad-6-months/

Also, I just thought of this, but I wonder if automated passport control changes anything. I don't remember the questions they ask.
 
Given that I would be travelling with 4 children 6 and under, with the youngest still breast feeding I really don't want to risk the possibility that I would be refused entry upon landing. We are going to voluntarily relinquish my green card and reapply for a I-130 visa through the London Consulate. Given the current political climate we really don't feel like taking our chances, especially since we can't travel until the children all have their US passports.

Now I just have to figure out if I need to provide a criminal record/police check for the 7 years I lived in the US, and if I do how to go about getting it.
 
How long do you think the process of applying I 130 would take in your case?

Your husband is a US citizen on Tier 1 Visa in the UK?

Are you a UK citizen?

Robs Wife said:
Given that I would be travelling with 4 children 6 and under, with the youngest still breast feeding I really don't want to risk the possibility that I would be refused entry upon landing. We are going to voluntarily relinquish my green card and reapply for a I-130 visa through the London Consulate. Given the current political climate we really don't feel like taking our chances, especially since we can't travel until the children all have their US passports.

Now I just have to figure out if I need to provide a criminal record/police check for the 7 years I lived in the US, and if I do how to go about getting it.
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abumiqdad said:
How long do you think the process of applying I 130 would take in your case?

Your husband is a US citizen on Tier 1 Visa in the UK?

Are you a UK citizen?
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Yes my husband is a US Citizen on a Tier 1 Visa, and I'm a UK Citizen.

The initial I-130 approval is currently taking 2-3 months according to the US Consulate website. Then once approved I don't know how long it will take to have an interview date available, maybe another month or two.

I do know that because I previously lived in the US for 7 years I have to get a criminal records check by the FBI, and those are currently taking 14+ weeks, and I can't arrange my interview until I have that.
 
Do share with us your experience of getting that I130 (i might need to do that should i abandon my current GC).

Still, how hard is it for your husband to get UK PR from Tier 1? (UK PR then Citizenship has lots of benefits too right - previously on travel and working within EU,but after Brexit, no longer a plus point :D )
 
abumiqdad said:
Do share with us your experience of getting that I130 (i might need to do that should i abandon my current GC).

Still, how hard is it for your husband to get UK PR from Tier 1? (UK PR then Citizenship has lots of benefits too right - previously on travel and working within EU,but after Brexit, no longer a plus point :D )
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If my husband was able to find work in his field here in the UK it would just be a matter of time to get Unlimited Leave to Remain and eventually citizenship. But because of the field he works in he has found it difficult to get work as an non-citizen, which is why we are heading back to the US where he is very employable.

We expect the I-130 to be very straight forward, since I've had it previously. It is just a matter of how long it takes. We definitely found the process of getting the 4 children US passports very simple, and they came back in just 2 weeks.
 
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