ILR or US citizenship? Please help:(

You're welcome. I hope that helped, although the information is confusing. Best of luck to you.


As for others here... mrk is filing tax returns in the US and qualifies for US citizenship, so what is the problem? I applied for my British citizenship as soon as I found out that my husband was being transferred outside the UK so we'd be able to move back there easily one day, and I don't see anything different with mrk's situation. He wants to be able to live in the UK with his wife, but also wants to be able to live in the US (where it sounds like he has family and friends) down the road. He qualifies for both ILR and US citizenship (despite what others are saying about his green card being invalid, my brother-in-law also qualifies for US citizenship despite not living in the US currently, so there is a possibility mrk is not cheating the system as some claim) - what is the issue?

Were you living in the UK when you applied for  UK citizenship or did you maintain a residence outside the UK and just visited the UK to reset the ILR?

Thank you Gwen666 for giving the answer of my question. Means I have to get US citizenship Before I apply for ILR. By the way they are not stamping the passports anymore. All they are doing is interview and decision, of you are not qualify for Flor they will let you know right of way and if you qualify for Flor they will mail you BM card in the mail. No more stamps.

I thought a spousal visa was a vignette in your passport and the first time you entered  with it they stamped it.  Perhaps that changed in since 2008. 

I don't see the issue either. People are constantly urging posters on here to get UK citizenship before they leave even if they have no intention of living in the UK.

Yeah, but they don't tell them that if they're already not living in the UK!

The issue is that once the OP established residence outside of the US, they were no longer an LPR. No longer being an LPR means they are no longer eligible for citizenship.

As stated before, filing tax returns and visiting every few months to "top up" residency does not mean you are resident in the US. USCIS is wise to that sort of behaviour; they will see the FLR in the OP's passport and examine the pattern of travel and will be likely to put two and two together, which is why the OP will need an attorney.

You are either resident in one place or the other. The OP can be resident in the UK and therefore eligible for ILR and not for US citizenship, or they can be resident in the US and not eligible for ILR.

If he fulfills the requirements as set out, then I think he's okay.

He does not. The requirements specifically state that if you establish residence in another country, your LPR status is forfeit. Used, current FLR is residence in another country.

He does not. The requirements specifically state that if you establish residence in another country, your LPR status is forfeit. Used, current FLR is residence in another country.

The rules state that, but in practice, that's not the case.

As stated before, filing tax returns and visiting every few months to "top up" residency does not mean you are resident in the US. USCIS is wise to that sort of behaviour; they will see the FLR in the OP's passport and examine the pattern of travel and will be likely to put two and two together, which is why the OP will need an attorney.

The OP said he has a BRP, so may have an expired UK visa rather than a current one.

I don't know if the OP qualifies for US citizenship or not, but if I were him I would get ILR and British citizenship first while "maintaining" US LPR as he is currently, since it appears to be working. Once naturalised as British, I would then move to the US and then investigate whether US citizenship is possible or even if he needs to refile for LPR status, and restart the clock.

Immigragion lawyer said it is important to maintaining residency in USA by retuning to US every 6months, even though for only 1 day and According to immigration rules they can't object on that.

Yes, they can object on that. I've seen people in secondary having their green cards pulled on that point. USCIS rules clearly state that you can't establish residency elsewhere and maintain LPR.

If you apply for citizenship while living in the UK on FLR, you would need to perjure yourself on the application. No one is going to advise you to do so.

The OP said he has a BRP, so may have an expired UK visa rather than a current one.

I have a BRP as my visa, FLR(M), which is what one gets when applying in country.

The issue is that once the OP established residence outside of the US, they were no longer an LPR. No longer being an LPR means they are no longer eligible for citizenship.

As stated before, filing tax returns and visiting every few months to "top up" residency does not mean you are resident in the US. USCIS is wise to that sort of behaviour; they will see the FLR in the OP's passport and examine the pattern of travel and will be likely to put two and two together, which is why the OP will need an attorney.

You are either resident in one place or the other. The OP can be resident in the UK and therefore eligible for ILR and not for US citizenship, or they can be resident in the US and not eligible for ILR.

If you're right then MRK will be out the application fee and have to start over, assuming he doesn't face a ban. If you're wrong, he gets to go on his merry way. It doesn't really matter how any of us think the laws should be interpreted or enforced.

Yes, they can object on that. I've seen people in secondary having their green cards pulled on that point. USCIS rules clearly state that you can't establish residency elsewhere and maintain LPR.

If you apply for citizenship while living in the UK on FLR, you would need to perjure yourself on the application. No one is going to advise you to do so.

If they get to the interview stage in the US they will have to show their passport used for entry/departure, this will show that they don't have residency established here.

I think we've answered as best as we can. Unless anyone else has something constructive to offer, I think this is now a dead end topic.

Yes, they can object on that. I've seen people in secondary having their green cards pulled on that point. USCIS rules clearly state that you can't establish residency elsewhere and maintain LPR.

If you apply for citizenship while living in the UK on FLR, you would need to perjure yourself on the application. No one is going to advise you to do so.



That is so true. My GC will forfeit if I obtain ILR in Uk.