[henryc]

Hi everyone,

First of all a bit of background. I'm a UKC and my wife is a USC. We met in the UK while she was a student here in 2005-2007. Just before her student visa ran out she went back to the US. We got married in September 08 while I was visiting the states under the VWP. Soon afterwards she applied for a spouse visa and came to the UK in November 08. We're planning to go to the states permanently. Our rough plan was to aim to go in summer 2010. The earliest we could aim to leave is about Christmas 2009 but if we stay for a few more months this would allow me time to make one attempt at my professional exams. If I pass them it might give me a slight advantage when jobsearching, although I've just found out that my professional experience and qualifications count for jack squat in the USA so I'll have to start all over again anyway! Hence there is no point in hanging around much longer in the UK - the sooner I can start the process of getting professionally qualified in the states the better.

However with the economy being the way it is I feel we're taking a big risk to leave our jobs in London. At least we have jobs here and it could take some time to find another job. I work in the construction industry and from what I know the downturn is just as bad in the states as it is here. My wife works in publishing/insurance and I think she'll have an easier time finding a job in the states than I will. We'd be moving to northern VA/DC where she grew up and has worked before.

Anyway, here are my questions:

1. We're planning to file our I-130 in London sometime in the autumn of this year. I've read that London were being a bit picky about eligibility for filing there as opposed to filing in the US but we have actually lived in the UK for nearly a year by the time we file the I-130 so I guess that should be ok, right?

2. We are planning to stay with my wife's mom while we get ourselves sorted out. She might not earn enough income to act as a sponsor on the I-864. Her sister and her husband live nearby and would definitely qualify and might be willing to put their names down. I assume that USCIS don't care whether you live with the sponsor or not?

3. What do you think about the idea of filing all the paperwork, getting the visa in hand and then applying for jobs from the UK and flying over to do interviews? I thought this might be worth a shot since we could jobhunt while working. We've got her student loans to pay off and it would really eat into our savings if both of us were off work for a few months. I'm aware that the visa is valid only for 6 months so after receiving the visa we'd have a 6 month window in which to do this.

4. (related to point 3) Once we have the visa does my wife have to enter the US at the same time as me or can she go first and then have me join her a few months later? Or could I enter the US before her?

5. Thinking ahead, what can I do with my savings? They are mostly in an ISA. Can I transfer them into an IRA? Will they be taxed (I have over $10,000)?

6. I'm conscious of the fact that walking away from our two jobs in London in the midst of a recession could be potentially the worst decision we ever made. Is there any way to lessen the risk, e.g. by trying to jobhunt while still working in the UK?

Apologies for such a long post. Any advice would be very much appreciated.

[ian-mstm]

Originally Posted by henryc ... but we have actually lived in the UK for nearly a year by the time we file the I-130 so I guess that should be ok, right?

Right... it should be okay.

I assume that USCIS don't care whether you live with the sponsor or not?

Right... they don't care.

What do you think about the idea of filing all the paperwork, getting the visa in hand and then applying for jobs from the UK and flying over to do interviews?

The first time, you would both have to fly even if you were the one with the job interview. You must accompany or follow the USC... you can not enter the US if she isn't with you or isn't already there. You will become a PR the day you enter the US. The only caution here, is that the whole point behind being a PR is that you reside permanently in the US.

Is there any way to lessen the risk, e.g. by trying to jobhunt while still working in the UK?

At some point, you will have to bite the bullet... and decide where you want to live. You can continue to work in the UK for a while, but if you are not residing permanently in the US, you risk your status.

Ian

[Rete]

Originally Posted by henryc Hi everyone, 1. We're planning to file our I-130 in London sometime in the autumn of this year. I've read that London were being a bit picky about eligibility for filing there as opposed to filing in the US but we have actually lived in the UK for nearly a year by the time we file the I-130 so I guess that should be ok, right?

Your wife can, of course, send the I-130 to the US Consulate/USCIS in London. If it is not acceptable to them, they will return it to her. You won't have lost much time in doing this.

2. We are planning to stay with my wife's mom while we get ourselves sorted out. She might not earn enough income to act as a sponsor on the I-864. Her sister and her husband live nearby and would definitely qualify and might be willing to put their names down. I assume that USCIS don't care whether you live with the sponsor or not?

This is fine. Mom's address is great for your purposes and her sister and brother-in-law can most certainly be your financial sponsor for the I-864 as long as they qualify. The sponsor need not live with you nor even be a relative.

3. What do you think about the idea of filing all the paperwork, getting the visa in hand and then applying for jobs from the UK and flying over to do interviews? 4. (related to point 3) Once we have the visa does my wife have to enter the US at the same time as me or can she go first and then have me join her a few months later? Or could I enter the US before her?

These two questions are tied together. Once you have the IR-1 in your passport you will have to active it the first time you enter the US and in order to active it, your wife needs to have physically entered the US before you or at the same time as you. Once it is activated, you can return to the UK but I would not be gone for more than 6 months before permanently moving to the US. Don't want accusations of abandonment thrown at you.

5. Thinking ahead, what can I do with my savings? They are mostly in an ISA. Can I transfer them into an IRA? Will they be taxed (I have over $10,000)?

Not fully up on this but don't think they are transferrable from one retirement plan to another without incurring US taxes and perhaps UK taxes.

6. I'm conscious of the fact that walking away from our two jobs in London in the midst of a recession could be potentially the worst decision we ever made. Is there any way to lessen the risk, e.g. by trying to jobhunt while still working in the UK? Apologies for such a long post. Any advice would be very much appreciated.

Depends on your profession. Is it in demand in the states? In the area you will be moving to? Is there a shortage of qualified professionals? Do you have special skills and experience to bring to the job? How are you at interviewing? Are you will to take an entry position at first in the hopes of working your way up or just to gain US experience?

Only you know the answers to these questions.

[henryc]

Hi,

I'd just like to say thanks for the advice. I think we'll both leave at the same time and hopefully we'll find jobs soon.

Henry

[sunflwrgrl13]

Hey Henry, got a question for you. Are the student loans your wife is paying off from US educational loans? Did she consolidate them? If so, it's possible your wife can get a hardship deferrment just prior to or after your move here. This could be at least 6mo, and sometimes up to a year or more, without making a payment. Definitely look into it. Good luck on your plans!