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.
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.