US permanent resident questions

DH has his permanent resident card, and we are planning on moving back to England in 2008. Will he lose his rights to live and work here in the US by us moving back? Should we end up moving back to the states at a later date will he need to reapply? Any other info would be great. Thanks.

DH has his permanent resident card, and we are planning on moving back to England in 2008. Will he lose his rights to live and work here in the US by us moving back?

Yes. ETA: There are certain requirements to be met as a permanent resident which are detailed on uscis.gov.

Should we end up moving back to the states at a later date will he need to reapply? Any other info would be great. Thanks.

Yes. However, if he has been a permanent resident for three years, (minus 90 days) and fulfills all requirements, (to be found on uscis.gov) then it would be prudent to apply for citizenship of the US. Bear in mind that it can take some time for background checks/the test/taking the oath. This will vary from state to state.

If there is a possibility that you guys might move back to the US at some point (and your DH is okay with the tax implications, etc of becoming a dual citizen), it will be much easier if your husband gets American citizenship before you move to the UK.  Tam is right in that the time varies by district, but it can be quite quick- I applied for US naturalization in July '05, and had my oath ceremony four months later in November '05.  If this is a permanent move for you and you both have no desire to ever move back to the US it may be more trouble than it's worth, but for ease of movement you can't beat having 2 passports.

And yep, he'll lose his green card (and all rights associated with it) after being out of the US for a year.

We opted not to do citizenship with my husband because of the tax implications.  We figured that doing DCF (direct consular filing) wouldn't be too much of a hassle (not any more than getting citizenship) if we want to move back to the US in the future.

Thanks. DH would never agree to become a US citizen. I also do not wish for this to happen. My biggest worry, as I do worry about everything, is the fact that if we cannot make it work in the UK. His aunt moved back last year, after 8 months she moved back to Canada as she couldn't find work, no one would give her a mortgage and so on. She was older than us, 59 1/2 yrs old, and nearing retirement age, but it still worries me.

she moved back to Canada

I don't know how you feel about that, but moving to Canada would most likely be pretty straightforward for the both of you if you wanted.

Our move is to have our kids grow up near DH's family and that is in the UK. Canada is a lovely place but not our cup of tea. We had the choice to move there last year for DH work, but nothing came of it. We thought long and hard but we wouldn't see us living there.

Does anyone know what is involved in trying to retain a US green card as long as possible after a temporary move to the UK?

I read on the uscis.gov site that after one year out of the US, you need to file for a reentry permit or returning resident visa.  What if you were visiting the US semi-annually, so you were never out for more than one consecutive year?

If you continue to pay US taxes and make regular visits, would anything trigger possible revocation of the green card?  The gov needs a change of address to be filed (AR-11) so would just the fact that a non-US address was on file trigger abandonment of the green card?

Best to talk about this in Repatriation section, because this section focuses more on the moving to the UK...

If you continue to pay US taxes and make regular visits, would anything trigger possible revocation of the green card?  The gov needs a change of address to be filed (AR-11) so would just the fact that a non-US address was on file trigger abandonment of the green card?

To me, that would be a honkin' great big red flag!

Be aware that, at any time upon entry, you could be asked to verify your details of residence.

how "temporary" is the move?

If you're planning to be back in the US permanently within 2 years, just file for a re-entry permit before you leave.

If it's an indefinite move or a move longer than two years, this is where it becomes risky.  No doubt an AR-11 with a foreign address would run a red flag, and if you keep coming back to the US for a visit every 6 months, the IO will eventually ask you about it (if the IO thinks you've abandoned your residence in the US, the green card will be confiscated.)

If you have a re-entry permit, you could probably keep it up for maybe a year or so after that expires, but you'd basically be living on borrowed time and hoping you get non-suspicious IO's every time you come back to the US.

(Part of the reason I applied for US naturalization was exactly so I wouldn't have to account for my comings and goings in and out of the country...otherwise it would have been way too stressful!)