Shootingstar

Hi,

I need some advice.

My husband (UK Citizen) and I (US Citizen) have recently moved to the
USA. My husband doesn't have his green card yet. We're still waiting.

However, in a year or two, we'd both like to move back to the UK, at
least for a few years, because we both miss it. I want to go to
university over there.

I read the US Embassy website, and it says that for a spouse of a US
Citizen to obtain Naturalization (US Citizenship), he must have lived
in the USA for 3 years and been physically in the country for at least
1.5 years.

We currently consider my parents' house our "permanent" home in the
US. This may be a stretch, but would it be possible for me to go to
uni in the UK if we come back to visit for extended periods that would
add up to the 1.5 years? The website says you need to at least
maintain a permanent residence in the US, which I consider that to be
my family home.

I know this might seem ridiculous, but being in an international
relationship often leads to extremes.

Any help or advice would be greatly appreciated. Thanks!

~ Isabelle

Noorah101

> Hi,
>
> I need some advice.
>
> My husband (UK Citizen) and I (US Citizen) have recently moved to the
> USA. My husband doesn't have his green card yet. We're still waiting.
>
> However, in a year or two, we'd both like to move back to the UK, at
> least for a few years, because we both miss it. I want to go to
> university over there.
>
> I read the US Embassy website, and it says that for a spouse of a US
> Citizen to obtain Naturalization (US Citizenship), he must have lived
> in the USA for 3 years and been physically in the country for at least
> 1.5 years.
>
> We currently consider my parents' house our "permanent" home in the
> US. This may be a stretch, but would it be possible for me to go to
> uni in the UK if we come back to visit for extended periods that would
> add up to the 1.5 years? The website says you need to at least
> maintain a permanent residence in the US, which I consider that to be
> my family home.
>
> I know this might seem ridiculous, but being in an international
> relationship often leads to extremes.
>
> Any help or advice would be greatly appreciated. Thanks!
>
> ~ Isabelle

Hi Isabelle,

I read on you other post in another forum, that your UK husband came in
on a K-1 visa. That means you still have to do his AOS and get his PR
status. He can apply for US citizenship 3 years after he becomes a PR,
if he is still married to you, and meets the physical presence
requirements. Not 3 years of living in the USA....actually 3 years of
being a PR. So depending on when you have your AOS interview and he is
approved for the green card, it could be longer than 3 years until he
qualifies for naturalization, plus it takes some time after applying to
get the interview and oath ceremony...I'd count on waiting more like 4
to 4.5 years for him to actually become a USC.

I'd consult with a good immigration attorney about your plan of
returning to the UK in a couple of years, for a lengthy stay. Get an
attorney who knows about the laws of "abandonment". There are
allowances for staying outside the USA to study or work and such, but
there is always a chance you'll be seen as abandoning your US PR status.

Best Wishes,
Rene

Rete

> Hi Isabelle,
>
> I read on you other post in another forum, that your UK husband came
> in on a K-1 visa. That means you still have to do his AOS and get his
> PR status. He can apply for US citizenship 3 years after he becomes a
> PR, if he is still married to you, and meets the physical presence
> requirements. Not 3 years of living in the USA....actually 3 years of
> being a PR. So depending on when you have your AOS interview and he
> is approved for the green card, it could be longer than 3 years until
> he qualifies for naturalization, plus it takes some time after
> applying to get the interview and oath ceremony...I'd count on waiting
> more like 4 to 4.5 years for him to actually become a USC.
>
> I'd consult with a good immigration attorney about your plan of
> returning to the UK in a couple of years, for a lengthy stay. Get
> an attorney who knows about the laws of "abandonment". There are
> allowances for staying outside the USA to study or work and such,
> but there is always a chance you'll be seen as abandoning your US
> PR status.
>
> Best Wishes,
> Rene

Since you miss living in the UK and want to go to school there, why are
you even bothering with the AOS for your husband. Return to the UK now
on a spousal visa from the UK, live and attend school there. Get your
Indefinite Leave to Remain from the UK and then when you are ready to
live and work in the US for three or more years, file for your husband's
spousal visa at the US Consulate in London so that if approved he
becomes a PR when he enters the US. By that time you should be a
citizen of the UK and he can work on his citizenship in the US.

Shootingstar

> Since you miss living in the UK and want to go to school there, why
> are you even bothering with the AOS for your husband. Return to the
> UK now on a spousal visa from the UK, live and attend school there.
> Get your Indefinite Leave to Remain from the UK and then when you
> are ready to live and work in the US for three or more years, file
> for your husband's spousal visa at the US Consulate in London so
> that if approved he becomes a PR when he enters the US. By that
> time you should be a citizen of the UK and he can work on his
> citizenship in the US.

Thank you Rene and Rete for your responses! This is such a
helpful forum.

Rete, that sounds like a very good option. I hadn't considered that.
That way, we'll both be citizens of both countries.

Would it be easier and quicker for me to go over to the UK on a student
visa, and apply for a UK spousal visa while over there?

Also, when we apply for the US spousal visa when we're ready to return
to the US, does my husband have permission to work almost right away?
(Or at least much sooner than the K-1 fiance visa route that we're on
right now?)

Sorry for all these questions. This is kind of an awkward situation.

~ Isabelle

Elvira

> Thank you Rene and Rete for your responses! This is such a
> helpful forum.
>
> Rete, that sounds like a very good option. I hadn't considered that.
> That way, we'll both be citizens of both countries.
>
> Would it be easier and quicker for me to go over to the UK on a
> student visa, and apply for a UK spousal visa while over there?
>
> Also, when we apply for the US spousal visa when we're ready to return
> to the US, does my husband have permission to work almost right away?
> (Or at least much sooner than the K-1 fiance visa route that we're on
> right now?)
>
> Sorry for all these questions. This is kind of an awkward situation.
>
> ~ Isabelle

AFAIK, UK spousal visas are dead easy to get - probably much quicker
than getting a student visa.

As Rete explained, if you go the spousal route via DCF, he will be a PR
on entry to the US and thus able to work.

Rete

> Thank you Rene and Rete for your responses! This is such a
> helpful forum.
>
> Rete, that sounds like a very good option. I hadn't considered that.
> That way, we'll both be citizens of both countries.
>
> Would it be easier and quicker for me to go over to the UK on a
> student visa, and apply for a UK spousal visa while over there?
>
> Also, when we apply for the US spousal visa when we're ready to return
> to the US, does my husband have permission to work almost right away?
> (Or at least much sooner than the K-1 fiance visa route that we're on
> right now?)
>
> Sorry for all these questions. This is kind of an awkward situation.
>
> ~ Isabelle

Like Elvira said, dead easy to get a UK Spousal Visa. Your hubby can
apply while here in the US at the British Consulate and you should have
it within a few days. This will put you on the track to Indef. Leave to
Remain while the student visa will not.

As for your husband, yes, with the DCF approval he becomes a Permanent
Resident and has all the benefits that goes with it, i.e. work, live,
travel aboard (limited travel that is) and on the track for US
Citizenship 3 years (less 90 days for application) from the date of
entry as long as he remains married to a USC for the full three years of
the wait for the fulfillment of the required time period.

Shootingstar

> Like Elvira said, dead easy to get a UK Spousal Visa. Your hubby can
> apply while here in the US at the British Consulate and you should
> have it within a few days. This will put you on the track to Indef.
> Leave to Remain while the student visa will not.
>
> As for your husband, yes, with the DCF approval he becomes a Permanent
> Resident and has all the benefits that goes with it, i.e. work, live,
> travel aboard (limited travel that is) and on the track for US
> Citizenship 3 years (less 90 days for application) from the date of
> entry as long as he remains married to a USC for the full three years
> of the wait for the fulfillment of the required time period.

Thanks to you both!

Do you know if I could be a student on a UK spousal visa?

Rete

> Thanks to you both!
>
> Do you know if I could be a student on a UK spousal visa?

Believe so. That status the virtually the same as US permanent resident
status and allows you to work, etc., so can't see why it wouldn't allow
you to attend school. If you still have a question on that on Monday,
have hubby call the British Consulate or check out their website.

Elvira

> Thanks to you both!
>
> Do you know if I could be a student on a UK spousal visa?

Sure. Though you should be aware that there is a chance that you may
have to pay international fees. Normally one has to be resident in a EU
country for 3 years before qualifying for resident fees (except in
Scotland, where I believe the requirement is for one year IN SCOTLAND).
I am not sure whether they would take your husband's prior UK residency
into consideration.

www.ucas.co.uk would probably have more information, or at least a link
to a site about fees etc.

Also note that the deadline for uni applications is 15 December (for
October 2007 entry). Applications can be filed online at the above site.

Lansbury

On Sat, 21 Oct 2006 11:39:32 -0500, shootingstar
<member56778@british_expats.com> wrote:

>Would it be easier and quicker for me to go over to the UK on a student
>visa, and apply for a UK spousal visa while over there?

You cannot enter the UK on one type of visa and then apply for another type
while still in the UK. You would have to leave the country apply for the
different visa and return if granted.