If there is one thing Ive learned about international relationships ( and Ive been in a few) is that anything in regards to work permits and citizenship takes TIME and a concerted effort by both parties involved to long-term planning in order to be successful.
If you are coming back to the US for a year for school (why is that? a graduate program of some sort?) and if you cannot secure another work permit or special visa situation for the UK ( and I know how hard that can be and how frustrating it can be to live there and not work) then why dont you move back to the US and work here before you go to school and work on sorting out your paperwork situation for both sides. As far as Im aware, there are no fiancee work provisions for either the UK or US ( I just checked for the US the other day- if anyone find something otherwise, do let me know) like there are for Sweden (the only country Ive come accross for that). Can you not do the same course in the UK? Then you could at least work part time during term.
From the US side-
He cannot become a citizen just by marriage. Naturalization for the US is extensive and based on five years residence, as with the UK. Some of the basic rules (external to the good moral character and testing of US laws requirements as well):
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:
* has been lawfully admitted for permanent residence (see preceding section);
* has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
* has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
* has resided within a state or district for at least three months
You should read this website for more information on the process for him to live and work here prior to naturalization:
http://uscis.gov/graphics/howdoi/spouselive.htm
Before naturalization there is the green card I believe, or some sort of registration that allows a spouse of a citizen to live and work in the US. The following information is from the same US website in regards to him living and working in the US while THAT piece of paperwork is pending:
Please specially note this paragraph:
Can My Spouse Come to the U.S. to Live While the Visa Petition Is Pending?
If you are a U.S. Citizen, once you file Form I-130, your spouse is eligible to apply for a nonimmigrant K-3 Visa. This will entitle him or her to come to the U.S. to live and work while the visa petition is pending. The Form to file for this benefit is Form I-129F. It is not necessary for your spouse to obtain a K-3 visa in order to come to the U.S. to live and work. Your spouse may wait abroad for immigrant visa processing. However, seeking a K-3 visa can be a method for him or her to come to the U.S. more quickly.
From the French side of things (the Americans in France website):
French Citizenship
The process to acquire French citizenship normally takes over a year. The Labor Minister has to personally approve each application.
The process starts at the Tribunal d'Instance in the office that handles Nationalités. The woman that I talked to at the Tribunal d'Instance in Strasbourg was very nice. I just explained to her that I wanted to become French and what my situation was (married to a French woman), and she told me what documents I need to provide. Here is the list:
1. Official copy our marriage certificate - This was no problem as we were married in France.
2. Casier Judiciare - This is a document that states I do not have a criminal record. As this is something French construct that really does not exist in the US, I supplied a Attestation Tenant lieu d'extrait de Casier Judiciaire, a sworn statement I made before the US Consul General of Strasbourg, stating I did not have a criminal record. If for some reason this does not work, then you will need to make a personal request for your FBI criminal history, click here for more information.
3. Official copy my wife's birth certificate - Again no problem as my wife was born in France.
4. Official copies my mothers, father and my birth certificates - This was a bit of a problem, as we had to have them translated, signed and stamped by a Traductor Jurée (official translator). I have heard stories of people paying up to 50 euro a page for the translating of official documents. That is way too expensive as I paid 20 euro each for the translation of my documents. Shop around before having any documents translated!
5. My Carte de Sejour and my wife's French identity card - These just needed to be presented when we submitted my application.
6. Proof of residents/living together - We supplied copies of our gas and electricity bills along with a quittance de loyer (rent stubs), and our tax declaration.
7. Official copy of our son's birth certificate - This was not that hard to get as my wife had smarts enough to register our son's birth with the French consulate in Boston when he was born. If she had not done that, we would have needed to get his American birth certificate translated into French.
Two months after dropping off my application, I was summoned to the Tribunal d'Instance. I had to bring my wife along; we had to sign my request before a judge to make it official.
A few months after that, we were summoned to our local police station. This interview was to make sure that we were really living together, and that I could speak French. The interview itself was very short; the police officer just asked a few questions about where we lived and what we did. With regards to being able to speak French, I needed to be able to hold a simple conversation. Nothing fancy, just able to prove I understood what was being said.
Nine or so months after the interview, I received notice that my French citizenship had been approved, and that I had to go to the Tribunal d'Instance to pickup the official paperwork. This consisted of a letter signed by the Labor Minister stating that I had acquired French nationality.
For more info see,
http://www.diplomatie.fr/etrangers/vivr ... index.html or
http://www.travel.state.gov/loss.html.
Then there is the EEA family permit for the UK (from a solicitors website)-
EEA FAMILY PERMITS
Any citizen of an EU country taking up residence in the UK in accordance with EU treaty rights is entitled to bring their family with them to the UK. Family includes spouse and children under 21, and any other family members who are part of the same household and remain dependent upon the EU citizen.
How do I qualify?
All non-EU members of the family accompanying the EU citizen to the UK need to apply for an EEA Family Permit from the British High Commission.
How do I apply and do I need entry-clearance?
The application by the non-EU family members has to be made to the British High Commission for an EEA Family Permit. This permit is valid for one year.
Within the first year and preferably within 6 months of arrival in the UK, the EU National should apply to the Home Office for a Resident's Permit, and all non-EU family members should apply at the same time for five-year resident stamps to be placed on their passport.
Breytenbachs specialises in EU immigration law and would be able to assist you.
Some rules and restrictions
* All non-EU family members are entitled to work in the UK without restriction.
* Non-EU family members rights to remain in the UK are however, dependent on the EU family member continuing to exercise Treaty Rights in the UK e.g. In employment, in business, or economically self sufficient.
Does this visa lead to indefinite leave to remain?
Yes, applications for ILR may be made by all family members, including the EU citizen, after 4 years residence in the UK, provided that the necessary permissions have been obtained in the meantime.
What you need to do now is sit down, do some research on your own for each country and the UK, do some research in regards to your school requirement, make some phone calls to embassies and the like, and make some choices and decisions and plan a timeline. The more educated you are now, the less surprises down the road when it comes time to move. Also, you should be aware of potential taxation requirements, especially in regards to the France side of things- the Americans in France website should be able to help guide you on that.
Good luck- anything involving work/citizenship paperwork for any country has its highs and lows!
