British Expats

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-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   After Immigrant Visa interview (https://britishexpats.com/forum/marriage-based-visas-35/after-immigrant-visa-interview-686996/)

wright Sep 26th 2010 1:41 pm

After Immigrant Visa interview
 
My mother in the US is sponsoring me & I am just completing the form DS230. After the interview at the US embassy, I understand that we have 6 months to go to the US and receive the green card. We should stay a minimum of one month is that true as I am considering coming back to the UK to work? Can I do that for a number of years ie go to the Us for a month and return to the Uk for a about a year?

Thanks

wright Sep 26th 2010 2:12 pm

Getting green card but wants to stay in UK
 
I am completing form DS230, after the interview at the US embassy in London, I understand I will need to go to the US for a green card within 6 months.

After that I want to stay in the UK as I have a job, and travel back and forwards every year is that possible? Does any one know how long I will be able to do that for and if there are any restrictions?

Thanks
Wright

Picnic Sep 26th 2010 2:18 pm

Re: Getting green card but wants to stay in UK
 
A "green card" is a permanent resident card which means you intend to live permanently in the USA.

Why are you getting permanent residence in the US if you intend to live in the UK?

wright Sep 26th 2010 2:22 pm

Re: Getting green card but wants to stay in UK
 
My mother who lives in Florida applied 3 years ago when the economy was relatively good. Now I have a few family members in the US who are out of work and am concerned that I may not get a job

Malashaan Sep 26th 2010 2:49 pm

Re: DCF London Timeline from DS230/DS2001
 
Almost certainly not. Once you're married you don't get the green card immediately. You have to file and Adjustment of Status (AoS) to permanent residence. This can take a number of months to process, at the end of which you will get your Green Card. You can't leave the US at all during this period unless you apply for Advance Parole. This in itself takes some time to process. Once you have the Green Card it is conditional for two years. I'm not sure of the precise deatils (I'm sure plenty of others here are) but you have to be resident in the US during this time I believe, which means spending at least 6 months of the year there and probably more. The system is set up to specifically stop people doing what you describe. If you are getting a green card through family ties, the authorities expect you to actually live with your family in the US.

Malashaan Sep 26th 2010 3:10 pm

Re: Getting green card but wants to stay in UK
 
That's the risk you take if you decide to move over there. I've got a similar worry, I'm going over and trusting my skills to get me a job. about the only way you could try and alleviate the issue is if your UK job is one which would allow you to telecommute. I have a friend who's a programmer who spent his first year in the US still doing work remotely over the internet for his old UK employer. Immigration weren't thrilled by it but they didn't stop him.

fatbrit Sep 26th 2010 3:13 pm

Re: Getting green card but wants to stay in UK
 

Originally Posted by wright (Post 8876752)
My mother who lives in Florida applied 3 years ago when the economy was relatively good. Now I have a few family members in the US who are out of work and am concerned that I may not get a job

While there are a few ways to delay, it's not a long-term plan. You need to either make a go of it or forget it. The option of flipping from one side of the Pond to the other comes after you've naturalised as a US citizen, five years down the road.

wright Sep 26th 2010 3:42 pm

Re: Getting green card but wants to stay in UK
 
Thank you for the quick responses

I have been looking at other threads on this site from people seeking work in the US. I have a couple of degrees. However and it seems the best thing to do is to committ and live in the US as you say rather than flipping and then get a job that will pay the bills. Meanwhile try and get a US degree (preferably a Masters some threads say).

A a small part about 10% my job allows me to telecommute...

I suppose I'm not really prepared to move within the next year as the application for the green card has just been approved

Thank you

Noorah101 Sep 26th 2010 4:10 pm

Re: DCF London Timeline from DS230/DS2001
 

Originally Posted by Malashaan (Post 8876805)
Almost certainly not. Once you're married you don't get the green card immediately. You have to file and Adjustment of Status (AoS) to permanent residence.

This is incorrect. The OP is getting an Immigrant Visa, which means he becomes a US Permanent Resident immediately upon entry to the USA. He will have full rights to live and work in the USA from Day 1. There is NO adjustment of satus involved with an Immigrant Visa.

Rene

Noorah101 Sep 26th 2010 4:11 pm

Re: Getting green card but wants to stay in UK
 

Originally Posted by fatbrit (Post 8876847)
While there are a few ways to delay, it's not a long-term plan. You need to either make a go of it or forget it. The option of flipping from one side of the Pond to the other comes after you've naturalised as a US citizen, five years down the road.

Five years down the road IF the OP can manage to stay in the USA enough days out of the year to become a USC in 5 years. With his current plan, it will take him forever to become a USC.

Rene

Noorah101 Sep 26th 2010 4:15 pm

Re: Getting green card but wants to stay in UK
 

Originally Posted by wright (Post 8876936)
Thank you for the quick responses

I have been looking at other threads on this site from people seeking work in the US. I have a couple of degrees. However and it seems the best thing to do is to committ and live in the US as you say rather than flipping and then get a job that will pay the bills. Meanwhile try and get a US degree (preferably a Masters some threads say).

A a small part about 10% my job allows me to telecommute...

I suppose I'm not really prepared to move within the next year as the application for the green card has just been approved

Thank you

What just got approved? There is no "application for the green card" in your situation. There is only an I-130 petition which the USC files to get the ball rolling, then there is your Immigrant Visa application. You get the green card when you enter the USA using your Immigrant Visa, which you must do within 6 months of obtaining the visa (or by the visa expiration date, which in rare cases is less than 6 months).

You can enter the USA and activate your PR status, then go back and work for perhaps a few months in the UK, to finish up work, tie up loose ends, and prepare for making the final move to the USA. I would not risk staying outside longer than 5 months, 6 months max, and definitely would not do your original plan of staying outside the USA most of the year, with a quick trip to the USA each year. That is not going to fly for very long, and you'll soon find yourself abandoning your PR status.

Rene

Malashaan Sep 26th 2010 4:33 pm

Re: DCF London Timeline from DS230/DS2001
 

Originally Posted by Noorah101 (Post 8877013)
This is incorrect. The OP is getting an Immigrant Visa, which means he becomes a US Permanent Resident immediately upon entry to the USA. He will have full rights to live and work in the USA from Day 1. There is NO adjustment of satus involved with an Immigrant Visa.

Rene

I stand corrected. I thought he was talking about a K1 for some reason :confused:
I think from this I can learn that trying to think straight when full of cold is a non-starter.

Country hopping still isn't really an option in the short term though.

S Folinsky Sep 26th 2010 4:53 pm

Re: Getting green card but wants to stay in UK
 

Originally Posted by Noorah101 (Post 8877018)
Five years down the road IF the OP can manage to stay in the USA enough days out of the year to become a USC in 5 years. With his current plan, it will take him forever to become a USC.

Rene

Rene: I'm wondering if people are reading assumptions into the inquiry. I read it as wondering what will happen if he can't get work in the US and abandons PR status, what can be done? Although not clear, I read it as a possible inquiry to whether or not he could then revert to use of the VW for annual visits.

Perhaps clarification is in order.

Or perhaps, a legal consultation is in order.

scrubbedexpat099 Sep 26th 2010 5:05 pm

Re: Getting green card but wants to stay in UK
 
I read it as Rene did.

Always a danger when posting on a board.

wright Sep 26th 2010 6:09 pm

Re: After Immigrant Visa interview
 
Thanks again for the responses

Firstly, what is OP and USC?

You asked what got approved? it was the 1-30 petition as you guessed. Sorry it wasn't clear.

It seems that I've got a about 12 months from when I get the visa. 6 months to get the green card in the US and about about another 6 to leave the UK. I better start researching my job options. Thank you so very much.


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