Expired ILR, second marriage to a Brit, what to do!?!?

Hi all!

I'm coming to you with a super complicated problem. I'll sum everything up as quickly as possible. I don't mind answering more questions and giving more details if it will help.

I married a Brit in 2007, lived and worked here happily until my husband abandoned me and took our home and everything and we got divorced.

I was forced to return to the states and lived and worked there over two years.

I have since started a new relationship with a friend I had while living in the UK. I came over to visit and investigate possible moving back and I got stopped at immigration and nearly denied entry because after being out of the UK over two years my ILR expired. I was granted entry on a tourist visa only.

Since I've been here I've gotten engaged to my wonderful Brit boyfriend and we would like to go to the states and get married and return here to live.

I need to know if I should go through a process to reinstate my ILR after marriage to re-enter the country or begin a new spousal visa process with my new then spouse?

Congratulations on your engagement!   

Unfortunately since you left the UK for over two years, your ILR is no longer valid.

You will have to start over on a new spouse visa and the new rules are much more difficult to qualify for.  And now it takes five years to ILR.

I'm afraid you've lost your ILR status by living outside the UK for more than 2 years and you can't get it back.

If you want to marry again and move to the UK, you will need to start the visa process all over again. This time though, it will be a longer, more expensive process to ILR - because the visa rules changed in 2012.

To get a new spousal visa you will need to show that your British husband earns at least £18,600 per year (before tax) in the UK and has done for at least 6 months before you apply for the visa.

Also, it will now take you 5 years to get ILR again - a 2.5 year spousal visa, then a 2.5 year FLR(M) visa, and then finally ILR... and you will have to meet the minimum income requirement of £18,600 per year for each visa. For the first visa, only your husband's income can count, but for the next visas (FLR(M) and ILR) you can combine your incomes.

Thanks so much for the help.

We are getting married in the US in Jan and coming back here. So I start the process over again from the very beginning. I was just worried that having an ILR before in my former married name would hold up the process for my new visa. Do you think it will cause any problems or delays on my returning?