British Expatriate Network

I'm married to an American, have been in America 5 years and have a permanent Green Card. We both desperately want to have a brief "fling" overseas (meaning living and working in other countries for a couple of years) before having a family. If we leave, and then decide to come back to the States later, do I have to reapply for my Green Card? How long can I stay out of the country? What about if I become naturalized here and become a dual citizen in the US/UK -Is it then easy to live in both places? Last question I understand that as a British citizen, I can live and work anywhere in the EU; would this also apply to my U.S. spouse going with me? I know this is a question perhaps better answered by the EU country in question, but I am interested in your experiences. Thank you.

Hi,

if you leave with a green card, you would need to come back once a year, so that the US immigration know that you are going to stay in the States for the long term, otherwise you will lose it.

The best scenario would be for you to become a dual citizen and than you will not have this issue. I am currently a dual UK/USA citizen and am planning on moving back to the UK with the next year or so and have inquired if I would have any problems coming back to the States and have been told that as long as I keep my US citizenship, I should not have any issues.

In regards to other EU countries, you would need to ask them if your American spouse can work and live there, though I am assuming a visa and work permit will be needed.

regards,
bvamin

We went back to Saudi for a couple of years after I'd got my green card. We had to get some special documentation which said I was allowed to leave for more than a year. We got this through the INS. Don't wait until you get overseas or you will lose your greencard.
Janet

Apply for your citizenship before going overseas to work, less complicated. You and your spouse could work for the military overseas. They hire civilians locally in Italy, England and Germany. You receive housing allowance, commissary, post exchange and i.d. card as local hires. Plus the first fifteen thousand dollars is tax free working overseas, except U>K. Different tax agreement at home. There are thousands doing this especially at Shape Belgium.

If you leave for less than a year, there is no problem with your green card.

If you are planning to be out for more than a year, you need to get a re-entry permit from the INS (apply at your local office). This is valid for one year, and you need to prove ties to the US and declare your intention to return. If you want to stay out longer, you need to return to the US to get a new re-entry permit. The procedure is the same as first time, but it may be harder to get as your ties to the US become harder to prove the longer you have been away. Rejection of the second re-entry permit is highly possible.

If you know you will be away for more than two years, it is just as easy to abandon your green card and re-apply for it (ie I-130 petition and spousal visa) just before you are ready to return. With forward planning, it is really not a big deal. Spontaneous moves are harder.

You are eligible for naturalisation in the US, and can apply for this before you leave - you'll need to return for the interview and swearing in, of course. If you become a US citizen, you will have to file US taxes every year, even when you are not in the US. You may even have to pay money to the IRS in addition to the govt of the country you are living in if you have lots of investment, and other non-earned, income.

If you are going to be living in the UK, your spouse will need a marriage settlement visa before arriving, and will become a permanent resident of the UK. For other EU countries, your spouse can live for up to five years on a non-immigrant basis. I don't think there is any need to apply for a visa before arriving in the country.

Ah....a chance to ask about this.

When we lived in the US, (I'm US husband is UK) he had his permanent green card and had been there for 8 years. Been back in UK now 18 months...so husband is past being out of US for one year. We are not planning to re-settle back in the states, but if we come back to visit...should he show his green card at airport immigration or just his passport?

Thanks

smileLauren

His passport and a visa waiver form.