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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 105701
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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my fiance lives in the USA, i am a UK resident, he would like

Customer Question

my fiance lives in the USA, i am a UK resident, he would like me to move there when we marry, but i have family here and my elderly parents, can i spend 2 months there and two months here while i make up my mind? would i be allowed to do that, we have been engaged for over a year and have been in a relationship for over 5 years and see each other every 3 months either me going there or vice versa
Submitted: 2 years ago.
Category: US Law
Expert:  Guillermo Senmartin replied 2 years ago.
Hello and thank you for using our service. My name is Guillermo Senmartin and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one. Also, we have been having technical issues lately. If you respond and you do not see your response, please post again until you can see it because if you cannot see it, I cannot see it to respond.


Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.

Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

Here is an official link:

http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

So the idea would be that you should spend 181 days or more in the U.S. out of every 12 months. So it would be fine to spend 2 months and maybe a day or two in the U.S., then 2 months outside, then come back for 2 months to the U.S., etc. As long as you have just a little more time in the U.S., that should be fine. If you need to spend more time outside, you should file for an I-131 Re-Entry Permit which will let you stay outside of the U.S. for up to 2 years without losing your U.S. Lawful Permanent Residency. Here is a link:

http://www.uscis.gov/i-131

Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. You are NOT charged per question nor are you charged per response. If this seems a little complicated or overwhelming, I can also offer you an additional service for a small fee where we can speak in private over the phone or through email that may be helpful (this is a public forum where anyone can read the responses). Feel free to decline it, but if you do, please remember that I am not given a salary, so the only way that I am compensated is if you rate me positively. So at least please use the smiley faces and a bonus is always appreciated if you feel I earned it. Also, your question does NOT close just because it says, “To finish…” I can still answer additional questions for you without additional charge. If I do not hear from you, I will automatically send that additional offer request. Thank you for your understanding and if you would like to request me in the future, just type: FOR GUILLERMO in the subject line and message box.

Customer: replied 2 years ago.

I think you may have misunderstood? I am a UK citizen and my fiance is a USA citizen, I would be staying in the USA for 2 months at a time and coming home to the UK for a month at a time.

Expert:  Guillermo Senmartin replied 2 years ago.
But you want to have U.S. Lawful Permanent Residency in the U.S., correct?
Customer: replied 2 years ago.

Eventually maybe. What i want to know right now is it possible for me to do what i asked for the next year or two till i make a final decision.

Expert:  Guillermo Senmartin replied 2 years ago.
You mean if you can use your Visa Waiver to enter, stay a few months, go back for a few months and go back and forth like that? Or similarly use a B-2 tourist visa in the same manner?
Customer: replied 2 years ago.

I just want to be able to go using my UK passport and my ESTA visa, stay for two months, come home to the UK for a month and then return to the USA for anther two months.

Expert:  Guillermo Senmartin replied 2 years ago.

Technically, you can do that. However, the more you do that, the harder it will become and you may need to eventually be able to respond to the following questions or they may not let you in:

1) Why are you coming back so soon?

2) Why you couldn't do what you needed to do during the last trip?

3) How will you be supporting yourself for this additional time since you are not allowed to work?

4) What STRONG ties do you have to your home country to ensure that you will go back?

5) What preparations have you made to go back?

If they are not satisfied with that, they could deny you entry into the U.S. So you have to be prepared. Also, here is a link that I can give you of things that you can have with you to prove non-immigrant intent and strong ties to your country. Here is the link:

https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf

Once you are married to the U.S. Citizen, it will become much harder. Why? Because apart from every non-U.S. Citizen automatically be assumed to be a potential immigrant (which is why you have to prove that you are not), once a person is married to a U.S. Citizen, they automatically assume that they want to enter on a Visa Waiver or B-2 just because they do not want to wait stuck outside the 9 months or more processing time to apply for an immigrant visa. So again, it will be much harder, but if you have strong proof of non-immigrant intent and strong ties to your home, then technically it is possible.

It is a dangerous situation with risks, but if you are eventually denied, you can apply for a B-2 and try again, or you can have your spouse finally apply for you to get an immigrant visa, then get your Residency, and then do as I originally explained and get a Re-Entry Permit to come in and out with almost no issues like you would have now with the questioning and proof. I was just trying to make it easier on you.



Please let me know if you have additional questions and please do not forget to rate my service to you positively (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Expert:  Guillermo Senmartin replied 2 years ago.
Hello Maureen. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo Senmartin replied 2 years ago.
Hello Maureen. It looks like you are seeing my responses but you are not responding. Are you having technical difficulties? I want to make sure that you are satisfied with my responses and have a positive experience with the website and with my service. So please let me know if there is anything else that I can answer for you because I will do my best. Thank you!

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