Marrying my girlfriend who has a green card

sellers · Post by **sellers** » Mon May 06, 2013 10:07 am

Folks,

I am planning to marry my girlfriend next year. She currently lives in the US and has a green card with 2 years left before she gets full US citizenship.

We also have an 8 month old baby girl who was born in the US last year. She has full US citizenship.

I would like to marry my girlfriend here in the UK.

My question is will she be required by the British authorities to forfeit her green card?

Thanks in advance

S

Post by **vinny** » Mon May 06, 2013 10:17 am

sellers wrote:My question is will she be required by the British authorities to forfeit her green card?

No, only the US authorities may do that.

sellers · Post by **sellers** » Mon May 06, 2013 10:36 am

vinny wrote:
sellers wrote:My question is will she be required by the British authorities to forfeit her green card?
No, only the US authorities may do that.

Thanks for replying vinny.

The problem is when on a green card you are not allowed to be out of the US for more than a year. So once my girlfriend had got her UK indefinite leave she was hoping to go back to the US so as not to mess up er green card.

Will she be allowed by the British authorities to leave the UK and if so is there a restriction to the time she may be out of the UK while her status is definite leave to remain?

Post by **vinny** » Mon May 06, 2013 11:37 am

Be careful.

Abandoning Permanent Resident Status wrote:You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently

sellers · Post by **sellers** » Mon May 06, 2013 11:41 am

vinny wrote:Be careful.
Abandoning Permanent Resident Status wrote:You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently

Vinny,

She does not actually intend to live in the US permanently.

Do You know if there is a limitation to the time she may spend out of the UK while on indefinite leave to stay?

Post by **vinny** » Mon May 06, 2013 11:45 am

2 years.

Post by **vinny** » Mon May 06, 2013 11:57 am

sellers wrote:The problem is when on a green card you are not allowed to be out of the US for more than a year. So once my girlfriend had got her UK indefinite leave she was hoping to go back to the US so as not to mess up er green card.

Applying for a UK settlement visa and getting ILR may also result in the US authorities cancelling her Green card.

sellers · Post by **sellers** » Mon May 06, 2013 12:22 pm

vinny wrote:
sellers wrote:The problem is when on a green card you are not allowed to be out of the US for more than a year. So once my girlfriend had got her UK indefinite leave she was hoping to go back to the US so as not to mess up er green card.
Applying for a UK settlement visa and getting ILR may also result in the US authorities cancelling her Green card.

Thanks for you advice vinny. Looks like I'm going to have to put my marriage plans on hold..alas ;(

Post by **MPH80** » Mon May 06, 2013 1:10 pm

Use a marriage visitor visa instead and then go to us?

sellers · Post by **sellers** » Mon May 06, 2013 1:41 pm

MPH80 wrote:Use a marriage visitor visa instead and then go to us?

Vinny my girlfriend and i want to settle here in the UK. I am a British citizen already and live here in the UK. The main thing we want to avoid is my girlfriend losing her green card and therefore not being able to eventually get US citizenship. One day in the future we plan to relocate to the US. So it would be good if my girlfriend has her US citizenship

Post by **vinny** » Mon May 06, 2013 1:57 pm

Probably best to wait until she is granted US citizenship before applying for a settlement visa to the UK.

sellers · Post by **sellers** » Mon May 06, 2013 3:05 pm

MPH80 wrote:Use a marriage visitor visa instead and then go to us?

Sorry MPH80. I thought I was replying to vinny.

sellers · Post by **sellers** » Mon May 06, 2013 3:07 pm

vinny wrote:Probably best to wait until she is granted US citizenship before applying for a settlement visa to the UK.

Vinny, I guess the thinking was my girlfriend gets the UK process started then finish the US process (in 2 years time). Then Kill two birds with one stone.

anniecc · Post by **anniecc** » Wed May 08, 2013 4:44 pm

sellers wrote:
vinny wrote:Probably best to wait until she is granted US citizenship before applying for a settlement visa to the UK.
Vinny, I guess the thinking was my girlfriend gets the UK process started then finish the US process (in 2 years time). Then Kill two birds with one stone.

Not sure what you mean by this. Once you're married your gf will need to apply for a spouse visa, which will give her temporary permission to reside in the UK. After 2.5 years she'll need to apply to extend this permission, and after a total of 5 years she'll be able to apply for ILR. To be eligible for ILR she needs to have been resident in the UK for the full 5 year period (short trips abroad are permitted). Just because you get married in the UK does not start the clock ticking towards ILR. If your gf/wife leaves the UK before she has qualified for ILR the clock will be reset and if she wants to return to the UK to live she'll need to apply for a new spouse visa and start the five year qualifying period all over again. It will also be difficult for her to obtain/extend a spouse visa if you have not been living together in the same country.

Post by **vinny** » Wed May 08, 2013 7:57 pm

A problem is that starting the UK settlement process now may lead the US authorities to cancel her green card, thus ending any choice she has of applying for US citizenship in two years' time.

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Marrying my girlfriend who has a green card

Marrying my girlfriend who has a green card

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