Temporary residency for a spouse?
Mar 12th 2018, 10:45 pm
#1
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 48
Temporary residency for a spouse?
Hi All,
I think I already know the answer to this, but thought I'd check here as you're the experts! My question is, for the spouse of a USC, is there any way for them to enter the US with the intention to live temporarily (for 12 months) without going through the whole spousal visa process?
To give a bit of background, I am the USC (dual with UK), and my husband and I have been talking about moving to the PNW for years...too much talking and too little doing means that we now have 3 kids, and a house which he's hesitant to sell. The kids are eligible to become USC's via their grandfather (I don't meet the residency requirements but he does), and we'd like to try out living out there, before comitting forever. I don't want to risk him coming over on an ESTA, becuase I know any attempted change of status later would look like we were trying to pull a fast one. I don't think we'd even get that far tbh...they'd take one look at us at immigration and assume that he'd try to work and that he'd overstay.
Anyway, like I said...I think I know what the answer is...
I think I already know the answer to this, but thought I'd check here as you're the experts! My question is, for the spouse of a USC, is there any way for them to enter the US with the intention to live temporarily (for 12 months) without going through the whole spousal visa process?
To give a bit of background, I am the USC (dual with UK), and my husband and I have been talking about moving to the PNW for years...too much talking and too little doing means that we now have 3 kids, and a house which he's hesitant to sell. The kids are eligible to become USC's via their grandfather (I don't meet the residency requirements but he does), and we'd like to try out living out there, before comitting forever. I don't want to risk him coming over on an ESTA, becuase I know any attempted change of status later would look like we were trying to pull a fast one. I don't think we'd even get that far tbh...they'd take one look at us at immigration and assume that he'd try to work and that he'd overstay.
Anyway, like I said...I think I know what the answer is...
Mar 12th 2018, 10:53 pm
#2
Concierge
Joined: Apr 2001
Posts: 46,390
Re: Temporary residency for a spouse?
Other than using the VWP, he would need to apply for a tourist visa (B) which might allow him to visit the US for 6 months or a year. But as he is married to an American and the USC spouse and children are coming with him it is almost certain he will not be given the B Visa.
Besides he can't work in the US for a US employer, for himself (even if he has a UK company and can work electronically) or for a UK employer.
Your idea of trying on the US for size in this manner honestly is unachievable in my honest opinion.
PS you have been debating this move since March 2015 when you first asked about obtaining IR-1 visas for your spouse and children.
Besides he can't work in the US for a US employer, for himself (even if he has a UK company and can work electronically) or for a UK employer.
Your idea of trying on the US for size in this manner honestly is unachievable in my honest opinion.
PS you have been debating this move since March 2015 when you first asked about obtaining IR-1 visas for your spouse and children.
Last edited by Rete; Mar 12th 2018 at 10:55 pm.
Mar 12th 2018, 10:58 pm
#3
Forum Regular
Thread Starter
Joined: Mar 2015
Posts: 48
Re: Temporary residency for a spouse?
Other than using the VWP, he would need to apply for a tourist visa (B) which might allow him to visit the US for 6 months or a year. But as he is married to an American and the USC spouse and children are coming with him it is almost certain he will not be given the B Visa.
Besides he can't work in the US for a US employer, for himself (even if he has a UK company and can work electronically) or for a UK employer.
Your idea of trying on the US for size in this manner honestly is unachievable in my honest opinion.
PS you have been debating this move since March 2015 when you first asked about obtaining IR-1 visas for your spouse and children.
Besides he can't work in the US for a US employer, for himself (even if he has a UK company and can work electronically) or for a UK employer.
Your idea of trying on the US for size in this manner honestly is unachievable in my honest opinion.
PS you have been debating this move since March 2015 when you first asked about obtaining IR-1 visas for your spouse and children.
Mar 15th 2018, 4:22 pm
#4
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Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: Temporary residency for a spouse?
I think that the only way that you can really "try out living in the US" is to do it for real but be prepared to return to the UK after a year if it doesn't work out. In practice that would mean going through the normal immigrant visa process for your husband and then establishing residence in the US. The only thing that you would (presumably) do differently is not plan on selling any property that you own in the UK until you were sure that the US move was going to be permanent.
