Quick background. I am a US citizen, born and raised. My wife is British. We were married in September 2006 and live in the US. She has been in the US since September 2004, on a H1B visa thru her employer. This visa expires in 2007, and can be renewed by her company for another 3 year hitch. Our other option is to begin the Green Card process.

However, we are thinking about going to live in London within the next few years, and would probably plan to live there for 3-5 years, before moving back to the US to raise our eventual kids...

We've heard rumblings that moving back to one's country of origin after obtaining a green card is generally frowned upon, and US Immigration can make it very difficult to be able to move back to the US down the line...but it's very hard to get a straight answer on this.

Do you have any advice on this situation, or could you point us towards a good reference? Thanks.

hi and thank you for your post!

well there is actually several facts that I can give you right now on this issue that could help you make a decision.

1)Your wife green card will be valid as long as she is resident of the Us= as long as she doesnt spend more than 6 months out of the country.

2) You can however leave the country for more than 6 months and return as long as you apply for a re-entry permit BEFORE leaving. However that permit is only valid for one or two years (to be verified) and can only be renewed once I believe. In any case it would really only apply if you were super hyper organized and planned the next 10 years ahead.

3) the "simpler" solution to that would be for her to apply for a green card asap and then apply for american citizenship. (you have to have lived in the usa for more than 3 years for that). However this raises different problems and is up to her personal feelings on this subject. This can also be a lengthy process so you better plan ahead. getting the green card alone will probably be about a year.
Also, how long have been married?
You probably also want to check into the conditional status for couples that have been married less than 2 years,it might stop you from applying for citizenship.

I would also consider the fact that the idea of getting out of a visa that is strictly linked to her actual employment would be good, since she can do it.
However I would say that if you apply once for a green card and do not plan ahead and leave for London, the chances of reapplying and being successful in the next 5 or 10 years could be slim. However I do not know anybody who did that, so do not take my word for granted.

I will look further into the re-entry permit and citizenship and let you know.
The best website on this would probably be USCIS website. I know it can be bothersome to find the right info, but it is the official website and the best source on this!

I see two potential problems with going the green card route now as opposed to later;

1. She will not be able to move to London until the entire process is completed.

2. She will be liable to US tax on her worldwide income whether she lives in the US or not once she has the card.

It has now become very hard to lose permanent residency once you have it, you have to actually take active steps to renounce it. However, the INS may decide that card itself is invalid if you cease to live here. This could put her in the worst possible position; a US resident's tax liability on her worldwide income but no easy way of getting back into the country.

The rules changed in 2004.

There used to be a concept called 'abandonment' (actually this still exists) but now in practice LTRs are treated like US citizens who want to expatriate meaning that you may be subjected to tax penalties depending on your income and net worth

Post edited by: Politically Correct, at: 2007/11/03 16:30

Post edited by: Politically Correct, at: 2007/11/03 19:13