ILR and temporary work in the US/ UK husband-US wife

[jet0190]

Hello,

I have been reading through many of the posts and have found some really helpful information. I just wonder if anyone could help with a very specific scenario.

My husband is a UK citizen and I am a US citizen holding an ILR. We feel settled in this country and it is our permanent residence. I have lived here for 4 years, but have not yet applied for citizenship simply due to the cost and timing thus far, but would like to get it in future.

However, my brother in the US has a good temporary work opportunity for my husband in the US (we would go for no longer than 22 months). In order to work in the US, my husband would need a green card through my citizenship (obviously). I am currently studying a distance learning degree and would welcome to time to be in the US to focus on my studies whilst my husband works.

There are 2 problems I can see though:

1. We would want, in that 22 months, to return to the UK regularly to check up on things here, I would have exams to sit, and generally visit our home and family. I have read a few horror stories about people coming back to visit and their ILR being revoked due to their coming back as a visitor. Is this a possibility? And what we need to show the Immigration Officer to satisfy that our permanent residence is the UK and we are only temporarily in the US?

2. Due to my husband needing the work permit (green card) through me, does that also affect my status with my ILR? Does the criss-crossing of visas upset things and can that affect my ILR?

Many thanks in advance for any assistance or advice.
J.

[Lucapooka]

Your ILR would only be in jeopardy if you remained outside the UK for more than 24 months in one continuous duration (and had not maintained strong ties). But having said that if you do intend to live in the USA, your eventual return to the UK within the two years has to be to settle rather than to visit (but how that is policed is not clear). What I'm saying is, you can't live in the USA (or outside the UK in general) but maintain your ILR by returning for one short visit every two years. Others may have more defined analysis for you.

[jet0190]

Thanks for your response.
Our returning visits (there would probably be at least 4 in the two years, for about 2-3 weeks each, if not more) would be to make sure all was okay at home (in the UK.)

Now my major worry is that the US immigration, in order to grant the green card, will want to know that we are planning to live in the US. (and we won't be, only temporarily).

So NOW I am thinking that we will just be patient and apply for my citizenship here, and then apply for the I-130 needed to grant the green card. So another question to add to this forum:

**** Can I be in the process of applying for UK naturalisation AND filing for the I-130 at the same time (they can both take awhile, so was hoping to cut down on the time.) --Officially, the I-130 ISN'T a green card OR visa, but the recognition that my husband IS my spouse and I AM a US citizen, therefore he has the RIGHT to apply for the green card.... ??

Many thanks