Can getting a UK spouse visa impact my US green card? 3 Answers as of June 15, 2011I am a US green card holder for more than 2 years now. My husband lives in the UK (not a citizen, working there). I want to know, can he apply for a dependent spouse visa for me? Will it impact my green card or my citizenship in future(if i apply)? I don't want to lose my green card. Thanks
Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
This board deals with American immigration law. I do not know what a "UK spouse visa" is, whether it is permission to emigrate to the UK or permission to visit there. You must take care that you maintain your US permanent residence status by actually residing here. If you stay outside of the United States for more than six months at a time, you risk losing your green card.
Answer Applies to: Washington
Calderón Seguin PLC | Ofelia L. Calderon
I can't say that it will impact it directly unless you disclose it USCIS right away. The real issue is that physical presence is probably a requirement for the UK status and you may need to be there for periods of time. The U.S. also has physical presence requirements, particularly for citizenship. There are also requirements to maintain your permanent residence status. There is a presumption of abandonment if you are out of the U.S. for more than one year and a suspicion of abandonment if you are out for more than 6 months on a regular basis. For citizenship, you are required to have half of the statutory period prior to application physically in the U.S. A break of more than 6 months can interrupt the presence requirement unless you have good cause. The presence question is complicated. I think you should consult with an experienced attorney regarding this question.
Answer Applies to: Virginia