# US green card time frames?



## Auntgogo (May 1, 2013)

I am a US citizen and my husband is a UK citizen. We were married Sept. 2012. We are both in our 60's and retired. We would like to be able to split our time more or less equally between our 2 countries. I have already obtained a spouse visa for the UK which is good for approx. 2.5 years. We are both currently in the UK. 

We have submitted an I-130 application for my husband, but so far have only received an acknowledgment of receipt (about a month ago) with no number of any type. How long can we realistically expect this process to take from this point forward? And is it possible for him to re-enter the US as a visitor for 90 days or less while this application process is still pending?  We don't wish to be separated, but on the other hand I don't really wish to go as much as a year or more without seeing my children or my aging mother.


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## Crawford (Jan 23, 2011)

Auntgogo said:


> I am a US citizen and my husband is a UK citizen. We were married Sept. 2012. We are both in our 60's and retired. We would like to be able to split our time more or less equally between our 2 countries. I have already obtained a spouse visa for the UK which is good for approx. 2.5 years. We are both currently in the UK.
> 
> We have submitted an I-130 application for my husband, but so far have only received an acknowledgment of receipt (about a month ago) with no number of any type. How long can we realistically expect this process to take from this point forward? And is it possible for him to re-enter the US as a visitor for 90 days or less while this application process is still pending?  We don't wish to be separated, but on the other hand I don't really wish to go as much as a year or more without seeing my children or my aging mother.


The whole process (to the time hubby enters the US) is approx 6 to 8 months. I presume you did direct consular filing in London? So it might take a slightly shorter time line.

Yes, he can visit the US while the process is taking place, but will need plenty of proof of him returning to the UK - return ticket etc etc.

You should be aware that until such time as you get UK citizenship and hubby gets US citizenship -when you can then go in and out of each country without hindrance - you are both subject to immigration control. 

Just saying this as too much time out of each country will jeopardise the chances of being granted permanent residency and naturalisation. Just something to think about.


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## Auntgogo (May 1, 2013)

Thank you for your response!

I did try to file in London, but the application was returned to me saying that I hadn't been living in the UK long enough to file there. Consequently, I had to file using the Chicago lockbox. As I said, that was almost 6 weeks ago now and all I have received is an unnumbered receipt. What is the next step? And how long is that likely to be?

Also, as to CITIZENSHIP, neither of us really had in mind to seek actual citizenship from the other's country. Is that necessary? Or would permanent resident ("settled person" in the UK) not be sufficient? I always thought the US did not recognize dual citizenship, or have I got that wrong?

Also, can you explain more about what you mean by "too much time out of each country will jeopardise the chances of being granted permanent residency and naturalisation"? Example: if we were to go to the States for ~90 days while his US application is pending, returning to the UK while it is still pending, would that be a negative? We are concerned about doing that for fear we might miss a critical communication in the process....

It's all so nerve-wracking!


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## twostep (Apr 3, 2008)

I can only tell you a bit about the US side of the equation. The US does not recognize dual citizenship it simply ignores it but the US citizen has to leave/enter the country with the US passport. Surviving spouses with Green Card only do not receive the same tax breakes ... as US spouses. Have you looked into social and/or age related benefits on both sides?


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## Auntgogo (May 1, 2013)

Thanks for your response!

I know that my husband doesn't want to spend more than 180 days per year outside the UK so as not to put his UK health and pension benefits at risk. I can draw my pension - and eventually my Social Security - wherever I am living. 

I had in mind the idea of eventually becoming a "settled person" in the UK, rather than actually going for citizenship. I guess I don't really know what the pros and cons of each would be.

It seems to us that we are both best off retaining our citizenship and primary residency in our own countries, but between the 2 of us, I have less to lose, so to speak, if we were to spend the majority of our time in the UK than if we were to do the reverse. As I originally said, we basically just want to be able to travel freely between our 2 countries, without being limited by 90 day visitor visas or other restrictions. lane:

Any idea about time frames for his application process? We have received only a receipt for my petition. How long is it likely to be before we hear something else? And what might that next step be? :help:


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## Bevdeforges (Nov 16, 2007)

To add a bit to the replies you already have - you may run into difficulties trying to maintain two residences. With a green card, your husband is "presumed" to be resident in the US - and if he leaves for more than a certain period of time, he is deemed to have given up his green card. Similarly, if you leave the UK for more than a certain period of time, you're presumed to have given up your resident status there.

Once your husband has his green card, he will have to file US income taxes as though he were resident in the US (and you should be filing US taxes, as a US citizen, in any event). Yet you're both still subject to UK taxes unless you notify the UK tax authority that you are giving up your UK resident status. 

Best approach would be to decide where you want to establish your primary residence and make sure to spend the majority of your time there (even if just the minimum 183 days a year). The "foreigner" of the family will then have to get the appropriate visas (or visa waivers) to accompany the other. Actually, since you're allowed up to 6 months as a "visitor" in the UK, vs. his 90 days at a time VWP, it might make more sense to settle in the US so as to do the six-month split with the least amount of paperwork and hassle.

But, as twostep mentions, you also have to consider the benefits that are or aren't available on each side of The Pond.
Cheers,
Bev


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## Auntgogo (May 1, 2013)

Now you can see why this whole thing is making my head explode! 

I already have a 30-month UK spouse visa. Before I got it, though, even the 2nd time I entered the UK as a visitor I was given a hard time by the border agent. So far, my husband hasn't been given any difficulty entering the US, but we are both very fearful of one of us being refused admission at the border and having to return alone. 

It hadn't actually occurred to me that it might actually get down to counting days!

I was told that since my sole income is US-based and his is UK-based, a tax treaty between the US and the UK would essentially recognize that we pay our taxes in our home country and not "double-tax" us, thiugh we would of course still have to file. Is that not correct?


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## Bevdeforges (Nov 16, 2007)

I'm not sure how it works in the UK, but you will always have to file US taxes (i.e. just because you're a US citizen). 

And the catch is in your statement: 


> I was told that since my sole income is US-based and his is UK-based, a tax treaty between the US and the UK would essentially recognize that we pay our taxes in our home country and not "double-tax" us, thiugh we would of course still have to file. Is that not correct?


You basically have to decide which is your "home" country - i.e. the home country for the both of you as a couple. The US tax treaties usually provide that, for "state" pensions at least, you wind up paying income tax in the country that is paying you the pension. However, if either of you receives a private pension (i.e. from a company plan rather than the national retirement plan) all bets are off.

Basically, you want to decide in which country you want to establish your joint home. If your husband wants to keep his UK health benefits (which isn't a bad idea at all!) then stick with the UK. Make a couple of trips a year back to the US, but keep them shorter than 90 days each. It shouldn't affect your status in the UK, since you'll only be "vacationing" in the US. And your husband won't have to file US taxes - you can file as "married filing separately" to report only your own income. 

The one big "gotcha" is that if you file MFS, 85% of your social security benefit is subject to US income tax, no questions asked. But, you'd be covered for health insurance with your husband in the UK. Just remember to get travel health insurance when visiting the US. It's tougher to get after you hit age 65, but the NHS won't do you much good if either of you falls ill or has an accident while in the US.

Yes, it's kind of complicated being married to an NRA (non-resident alien). (So am I, by the way.)
Cheers,
Bev


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## Auntgogo (May 1, 2013)

I was clear that I would always have to filecUS taxes. 

But you have given me a lot of food for thought! I wish I could just sit down an pick your brain for an hour or two!


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## Auntgogo (May 1, 2013)

Is it really possible to continue to visit the US on a visitor visa an infinite numbervofvtimes, as long as you don't exceed 90 days?


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## Crawford (Jan 23, 2011)

Auntgogo said:


> Thank you for your response!
> 
> I did try to file in London, but the application was returned to me saying that I hadn't been living in the UK long enough to file there. Consequently, I had to file using the Chicago lockbox. As I said, that was almost 6 weeks ago now and all I have received is an unnumbered receipt. What is the next step? And how long is that likely to be?
> 
> ...


The other responses you have had probably answered your question as to "too much time spent out of each country will jeopardise the chances of being granted permanent residency"

...... however what I meant was....... the green card is provided to people who are considered permanently resident in the US. Until such time as your husband gets his US citizenship (and there is no reason why he should not), if he lives, say, 180 days in the UK and 180 days in the US, there is the risk that the US authorities will deem him not to be permanently resident in the US - the green card could be revoked.

Similarly YOU have a spouse visa for the UK. In 2.5 years you will go for Indefinite leave to remain. If at that time you have spent half or over half of your time in the US, YOU might be deemed as not being permanently resident in the UK, and you will need to spend more time in the UK until you are granted ILR. 

To answer your question: Is it really possible to continue to visit the US on a visitor visa an infinite number of times, as long as you don't exceed 90 days?

The usual recommendation is if using the VWP, up to 90 days in the country and then up to 90 days out of the country before re-entering. Doing it an infinite number of times is likely to raise questions at Immigration.


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## Davis1 (Feb 20, 2009)

Seems to be a lot of stress when the UK citizen can apply for a B-2 (last 10 years)
visa and spend up to 180 days in the US every year
100 of retired European do it every year 
I have two UK retired couples in my street that arrive every year in Nov and go home in April


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## Auntgogo (May 1, 2013)

What is a B-2?


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## Bevdeforges (Nov 16, 2007)

Visitor Visas - Business and Pleasure
Cheers,
Bev


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## Auntgogo (May 1, 2013)

Wow. In light of previous answers, I'm now thinking that this is the way to go. Essentially, wecwouldcdecide that the UK is our primary residence, and then each year (?) my husband would apply for a B-2 visa to enable him to visit for 180 days. Does that seem to make sense?

Also, do you think we would need to officially withdraw the green card application?


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## Bevdeforges (Nov 16, 2007)

Not sure you'd even have to apply every year. I think B-2's are valid for a multi-year period, possibly as much as 10 years.

Someone else here will know for sure, but I'd be inclined to formally withdraw the green card application.
Cheers,
Bev


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## twostep (Apr 3, 2008)

B2 is good for 10 years. I would withdraw the GC application were I not to go that route.


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## Auntgogo (May 1, 2013)

10 years and 180 days per year, is that correct? Because if so, that would give us basically everything we're looking for. We would proceed on the basis that the UK is our primary residence as a couple, which appears to work out best both for visa purposes and for financial/health care purposes.


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## twostep (Apr 3, 2008)

Auntgogo said:


> 10 years and 180 days per year, is that correct? Because if so, that would give us basically everything we're looking for. We would proceed on the basis that the UK is our primary residence as a couple, which appears to work out best both for visa purposes and for financial/health care purposes.


You will be staying at your home or with family? Check into drivers license requirements. It is considerably less expensive to insure or rent a vehicle with a US license.


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## Crawford (Jan 23, 2011)

Auntgogo said:


> 10 years and 180 days per year, is that correct? Because if so, that would give us basically everything we're looking for. We would proceed on the basis that the UK is our primary residence as a couple, which appears to work out best both for visa purposes and for financial/health care purposes.


Just a thought ........ if you intend to stay for a few months a year in the US, say, up to 5 or 6 months, you will need to get a comprehensive health insurance policy for you both.


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## Bevdeforges (Nov 16, 2007)

> It is considerably less expensive to insure or rent a vehicle with a US license.


Definitely to insure a vehicle - but are you sure on the renting part? I've rented vehicles when visiting the US and haven't ever been asked about what license I'm using when they quote me a price for the rental.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bevdeforges said:


> Definitely to insure a vehicle - but are you sure on the renting part? I've rented vehicles when visiting the US and haven't ever been asked about what license I'm using when they quote me a price for the rental.
> Cheers,
> Bev


They will want to see you license and credit card especially for long-term.


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## Auntgogo (May 1, 2013)

No worries. I have insurance through my pension and my husband has been getting a travel insurance policy. Should I be doing a similar thing for while we are in the UK? I don't think I'm eligible for the NHS under my current spouse visa, which says something like "no recourse to public finds".


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## Auntgogo (May 1, 2013)

We each have our own home and our own car in our respective countries. So far my husband has been driving in the US on his UK license, but I understand if he stays longer he may need to get a US one. As for me, I haven't dared to drive in the UK yet - I'm intimidated by driving on the left and all those roundabouts, especially with a manual transmission!


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## Bevdeforges (Nov 16, 2007)

Auntgogo said:


> No worries. I have insurance through my pension and my husband has been getting a travel insurance policy. Should I be doing a similar thing for while we are in the UK? I don't think I'm eligible for the NHS under my current spouse visa, which says something like "no recourse to public finds".


As I understand it, if you are resident in the UK, then you are covered by the NHS. (The "no recourse to public funds" thing is literally for benefits that are paid out, not health care.)

But you could pose the question over in the UK section on the forum and see what they have to say.
Cheers,
Bev


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## Bevdeforges (Nov 16, 2007)

Auntgogo said:


> We each have our own home and our own car in our respective countries. So far my husband has been driving in the US on his UK license, but I understand if he stays longer he may need to get a US one. As for me, I haven't dared to drive in the UK yet - I'm intimidated by driving on the left and all those roundabouts, especially with a manual transmission!


He can drive in the US on his UK license, as long as he is not resident in the US (i.e. no green card, though that's not the only criteria). If you go the B-2 route, he should be fine.
Cheers,
Bev


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## popkace (Feb 13, 2012)

Auntgogo said:


> Is it really possible to continue to visit the US on a visitor visa an infinite numbervofvtimes, as long as you don't exceed 90 days?


Can I just say that I had problems with this, fortunately My other visa applications were prossed before my 90 days would have been up somI get to stay while my situation is processed. However I was hauled into Homeland Security at the Airport and told this would be last time I would be allowed in on an ESTA as I had come to USA too many times and it was considered to be an abuse of the WAIVER programme.


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## Auntgogo (May 1, 2013)

How many times had you been to the US on a ESTA before Homeland Security told you it was your last?


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## MayB (Sep 6, 2011)

Not sure if I should just start a new thread, but I'm American and applying the form I-130 for my British husband but we are in a bit of a hurry since my UK visa expires in November and it doesn't seem reasonable to file for IRL if we are planning on permanently settling in the US. Will the entire green card process take more than 6 months typically? Our case is pretty straight forward, we will have about $15,000 US in the bank and my parents are financially secure and willing to sponsor him as well.

One of the replies in this thread mentioned consular filing directly in London and it being quicker. Can anyone do this?

I'm terrified of my visa running out here in the UK and having to return home without him.


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## 2fargone (Jun 14, 2011)

May start a new thread but I really don't see it happening by November. I dont know if filling in London is faster, but 6 months is not much time. I am going to be filling in the USA and I know that takes around 9 to 12 months.


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## twostep (Apr 3, 2008)

MayB said:


> Not sure if I should just start a new thread, but I'm American and applying the form I-130 for my British husband but we are in a bit of a hurry since my UK visa expires in November and it doesn't seem reasonable to file for IRL if we are planning on permanently settling in the US. Will the entire green card process take more than 6 months typically? Our case is pretty straight forward, we will have about $15,000 US in the bank and my parents are financially secure and willing to sponsor him as well.
> 
> One of the replies in this thread mentioned consular filing directly in London and it being quicker. Can anyone do this?
> 
> I'm terrified of my visa running out here in the UK and having to return home without him.


Direct Consular Filing requires a marriage of two years or more.


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