red_onion

Hello all, I've been issued with CR-1 visa and I am travelling for the first time since then. I am currently working here in the UK and looking for a suitable job in the US before finally moving over for good. Plan is to stay for a week spending time with my my wife and come back. I am a little confused as to what I am allowed and not allowed.

- Once I hand over the package at POE does it mean I am a lawful resident (GC holder)?
- Can I still return back and continue to work until I finish my contract here in the UK?

- I've heard my income earned over here will have tax implications. Would it be wise to just simply travel on ESTA? Am I even allowed to use ESTA while CR-1 visa holder?

A bit confused and I need your help please. Thank you so much as ever.

212

Yes

Yes. The endorsed visa acts as a temporary permanent resident card until the real one arrives in the mail, so you will be able to re-enter the US as a LPR.


Yes. Just make it clear that although you have an approved CR-1 immigrant visa, you do not wish to activate it at this time.

rpjs

And if your USC spouse is still in the UK and you're travelling alone then you don't even have the option of using the CR-1.

Rete

I can see no reason why you would not want to activate the CR-1 visa the first time around. The tax issue is a no brainer. Yes, permanent residents must declare world wide income on their US tax returns. The threshold is so high on the amount you need to earn before you would own anything to the IRS in the US there is little point in NOT activating the visa.

Everyday that you aren't a permanent resident, is one more day added to the timeline for your eligibility to become a US Citizen if that is your end goal.

How long are you planning on remaining in the UK and how much longer do you have on the visa before if becomes void?

Unless you already have a valid ESTA approval, I don't believe you can get one now that you have the CR-1 visa. Others will be along to verify or correct this.

Pulaski

And for completeness/ clarity, especially for anyone else reading this thread, it is perfectly legal to look for work while in the US on a VWP/ESTA or B-2 visit, and you can meet with prospective employers, attend interviews, and perform tests/assessments, you just can't sign a contract or start working. In fact I did so myself on a VWP visit.

All that said, when entering the US on a VWP/ESTA or B-2, I would definitely avoid telling the CBP officer at the immigration desk that you will be looking for work, .... unless you asked directly "Will you be looking for work while you are here?" because lying to a CBP officer is always a very bad idea!

Rete

His wife lives in the US.

crg

A valid immigrant visa does not prevent ESTA approval. Traveling on ESTA with a pending or valid immigrant visa can contribute to concerns about immigrant intent, but the concerns can be overcome.

Eric S

But I thought that the time needed for becoming a US citizen was time spent in the US. OP stated his intention to just come for a week and then return to the UK.

- Eric S.

Pulaski

No, it's three years from obtaining PR status if on the basis of marriage to a USC, and five years if otherwise - you can file 90 days before the third/fifth anniversary of obtaining PR status. There are requirements to have spent "enough" time in he US (75% of the time IIRC), but entitlement to file for citizenship isn't based on a day by day count of time spent in the US.

Rete

Red_onion

Curious after all that you have gone though to obtain the CR-1 visa, why you are now planning on remaining in the UK for all of 2018 and just coming to see your wife periodically throughout the year.

I fully realize that you want to work and currently are employed but it is oft times far easier to obtain US employment when living within the US. Just having to make appointments, interview via Skype, and then come to the US for the in your face interview (high cost of last minute plane fare) seems, to me anyway, as a waste of time and money when you could be residing in the US with your wife and actively seeking employment while here and a Permanent Resident. Also your social security number will not be generated until you have entered the POE with the CR-1 visa. While you don't need that to start work, at least you will have it and can get on with life in the US by obtaining your driver's license, bank accounts, etc.

Noorah101

Yes.

Yes, but you should not remain outside the USA more than 6 months, and you should make sure to establish ties to the USA before returning to the UK. How much longer is your UK contract?

Correct.

You can if you want. You just have to use the CR-1 visa before its expiration date.

Yes, you are.

Rene

red_onion

Thanks greatly! My visa is valid until 18th Mar and I don’t intend to stay any longer than that here in the UK. My wife lives in the US. I suppose my concern is in two fronts,
- Financial, I own a business here and have money invested in the stock market which requires me to be a resident in the UK. What would be the tax implications for IRS

- Legal, am I legally allowed to work in the UK while LPR in the US?

I am currently going through some interviews with the possibility of landing a job sometime soon, sooner than 18th March.

My ESTA has indeed expired and I will need to apply for one if I need to travel on visa weaver.

Hope this helps to clarify. Thank you so much.

Pulaski

Where did he say that? He said he's looking for a job in the US, and nothing otherwise about remaining outside the US for an extended period.

Pulaski

What does that mean? There are no residential requirements for owning stocks quoted on the LSE, or is there a stipulation attached to non-vested stock from a bonus allocation or merger deal?

So far as the IRS is concerned you will be tax resident in the US from the date you use your CR-1 to enter the US.
Yes.

Noorah101

You can't be resident in two countries. As for tax implications, you might want to ask in the federal USA forum.

Yes.

For only a couple of months, might not be worth using the VWP. Just come over and activate your PR status.

Rene