How would you handle this?

M

mike99

Registered Users (C)
Hi!

I'm new here and not quite sure if this is the right forum for this question but here goes.

I am a UK citizen, my wife a US citizen. We are both living in the UK now. A number of years ago when we met in the US I obtained my green card based on marriage. We lived there for a number of years. I worked, paid taxes etc, all that stuff as a good citizen.

Then a few years back we moved back to the UK. During this time we have made multiple trips back to the US. Then at one point I lost my green card (physically misplaced it that is, never to be seen again) At the time I never worried much about that thinking I'd deal with it if we ever moved back to the US.

I then found out one is not supposed to use it anyway if you are no longer living in the US. So I just traveled on the visa waiver program as the trips were just for leisure/visiting familly anyway. In the last three year we've made a couple of extended trips for accademic research but not over the 90 days. Still no problem.

But now the problem is this. In the new year my spouse will be teaching at a college in California for about 4 1/2 months. I wont go imediately but may go for a good chunk of the time. I could go under the VWP but be limited to 90 again. It's likely I'll want to be there a bit over this.

So what should I do? Apply for a regular Visa? but I already hold a Green Card (I never reported I lost it) I don't necessarily need employment rights since I work from home a lot and can do that from there as well as I can from here. I just want to possible stay over the 90 days without problems.

Any advice or perspectives on this?

Mike
 
I would apply for a B-2 visa. On the application form there is a section where you can put down info about your previous green card, etc. You will have to arrange an interview in London anyway, there you can explain, in more detail, your situation.

I would doubt that your green card was even remotely valid if you stayed outside the US for over 180 days without a valid reentry permit. Even that would have had a 2 year cap.
 
If you move abroad for over 1 year, USCIS will consider your permanent residency abandoned, and your Green Card priviledges are lost. You could re-apply again, but since you do not expect to live in the US, only stay for over 4 months, it's not a good idea. B2 visa sounds like your best option.
 
OK thanks for the comments.

Do you think that since I previously was granted a green card that they would look more favorably on the B2 Visa application? and process it faster?

It's kind of ironic as at one point we were discussing whether I should just file the papers for Naturalization as I was well past the minimum residency time for a spouse. But we never did. Eventually we assumed this trans atlantic lifestyle for a while but I dont think at that stage I was away from the US for more than 180days. Then 9-11 came along and we stayed awy for awhile. It's only in the last few years that circumstances have le us to start spending more time again in CA (my orignal residence was in Minnesota).

We have at times discussed re-aplying for the green card but that seems a bit premature at this point. Do you think they would view the green card application more favourable second time around? not that there were any problems to begin with. OR would they take the attitude that since I chose not to live in the US any more to question exactly why?

Are there any other possible options I could consider?

This does all seem a bit complicated. Maybe I'll just hang here longer until I can slip in under the 90 days of the VWP

Thanks
Mike
 
B-2 visa is easy to get. You just call the embassy and get an appointment date. They will send you the application form and you take it with you to the appointment. They can grant you a visa there and then. You can get your visa in 2 weeks.

Also you could ask for a 10 year visa that would allow you to travel back and forth for up to 180 days in one given time within one year.

My mum has the same visa and it is the best way for her to travel back and forth without being scrutinized at POE.


I don't see how the GC would benefit you if you are not planning to live in the US. Don't waste you money on it.
 
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Thanks. Thats what I'll probably do.

Just as a matter of hypothetical curiousity. Say I had not physically lost my green card after we moved back here would they actually have known? I never informed anyone.We just dealt with the UK imigration stuff for my wife and left. In fact I did enter several times on the green card after that. But who knows whats changed post 9-11

Mike
 
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