RayShay

I am married to a US citizen and am on a normal visit visa from the UK.
My wife is residing in the US as we are awaiting her visa for the UK to
come through but recently have decided to move to the US.

I know i am allowed to stay upto 3 months on my British Passport but
wish to get a work visa so that i could begin to look for specialised
jobs which is I.T in my case. Can anyone let me know what the best
course of action should be for this process to be undertaken........Many
Thanks....

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ian-mstm

The *best* course of action is the one that works for you... and that really depends on whether or not you need to return to the UK anytime soon. If you don't, your wife needs to file an I-130 and I-864, and you need to concurrently file an I-485, I-131, and I-765... and, of course, all the supporting documentation for all forms. These will certainly get the ball rolling for you. If you do need to return to the UK... well, things will take longer! I'll also add here that IT jobs are a dime a dozen in the US... still, you might get lucky!

Ian

Rete

In the time you would apply for adjustment of status in the US and the permissible petition for work authorization, your wife would be in the UK. Why are you waiting for her UK visa to come through. It is obtainable at the British Consulate in a matter of hours or at most 2 days.

Also why do you have to look for specialized work if you have no intent to emigrate to the US. Your post is quite confusing.

Just Jenney

Your intentions aren't clear in your post.

Are you moving to the US or the UK? Your post indicates you plan on doing both.

You are allowed to look for work in the US even if you don't have a work visa. You just can't work in the US without some kind of work authorization (EAD, work visa).

If you are planning to move to the US (instead of her moving to the UK), why are you thinking about a work visa? Wouldn't it make more sense to get a spousal visa and subsequently obtain an EAD? Is your wife not a US citizen?

~ Jenney

Deedee13

there is no penalty under immigration law for a spouse parent or child of a usc to work unlawfully... only the employer can be sanctioned


that is what it says in the legal book!!! But would u really want to put it to the test..

Noorah101

I think you have some terminology confused here. First of all, how recently did you decide to move to the USA?

A work visa is a visa which your employer gets for you, in order you to come and work in the USA (regardless of your marriage). I don't think this is what you are looking for, right? I think you are asking for permission to work while you are here on your 3-month stay, and unfortunately there isn't any. You can LOOK for work, but you can't accept employment or earn money.

Are you perhaps thinking of immigrating to the USA? If so, then you'll be doing a spousal immigrant visa, which is a fairly lengthy process (around 6 to 12 months), which includes getting work authorization at some point (but not while you're here on the VWP).

If I were you, I'd have a 1-time consultation with an immigration attorney. It seems you're a bit lost in the process. The attorney can point you in the right direction and tell you what paperwork needs to be completed for the goal you have in mind.

Just curious what IS your ultimate goal?

Best Wishes,
Rene

Rete

The fact that there is no penalty (only because USCIS doesn't aggressively go after you for it), it is still not alright to commit a crime. It is illegal to work in the US as an immigration without a work authorization document. What if he is discovered before he files for adjustment of status?

RayShay

> > there is no penalty under immigration law for a spouse parent or
> > child
> > of a usc to work unlawfully... only the employer can be sanctioned
> >
> >
> > that is what it says in the legal book!!! But would u really want to
> > put it to the test..
>
> The fact that there is no penalty (only because USCIS doesn't
> aggressively go after you for it), it is still not alright to commit a
> crime. It is illegal to work in the US as an immigration without a
> work
> authorization document. What if he is discovered before he files for
> adjustment of status?
>
> --
> I'm not an attorney. This disclaimer is valid in NYS!

Many thanks for all the help and guidance and my apologies for
being unclear.

The spousal visa for the UK for my wife was applied through the UK
Embassy in New York and is taking slightly longer than anticipated but i
have been told that changing her status for a spousal visa takes upto 3
months. As she is pregnant i come to the US on the VWP program.

It was only on my current visit to US that we have decided to move to
the US, our previous plans were to reside in UK. For this i have been
told that if i apply for jobs the process will take longer and the HB1
visa (to come to US on a work visa) allocations have been reduced. So a
spousal visa is what we are looking to do where she applies a I-130
petition but i do have to go back to UK but coming back in May again for
the birth of our child.

If i come in May will i have to stay in the US until all the paperwork
goes through? I do not want to break any rules or regulations so my
query is how long will i have to sit and wait until i get my work
authorisation documents. I have been promised a job once i get my
documents through but it is the matter of how long will i have to wait
as surviving without income is a great concern.

Many thanks for all your help and feedback, much appreciated.

Ray.

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Noorah101

That clears up what your ultimate goal is. You and your wife want to live and work in the USA. You need to go back home sometime soon, but want to return in May for the birth of your child. Your wife will stay in the USA.

Basically, if your wife files an I-130 for you now, and then you return to the UK, it will take arond 6 to 12 months for your Immigrant Visa to process. Once you enter the USA using the Immigrant Visa, you will be a permanent resident upon entry (you'll get an I-551 stamp at the POE), and will be able to work from Day 1. Your SS card should come in the mail in a few weeks, as will your plastic green card. You can visit using the VWP in the meantime (for the birth, etc), just bring evidence of your ties to the UK to show at the POE, if asked.

You may have another option, but it's best to have a 1-time consultation with an immigration attorney to discuss that route. Also, that route won't let you go back to the UK anytime very soon.

Best Wishes,
Rene

Just Jenney

The key word here is "unlawfully" -- that should say it all.

~ Jenney

Deedee13

I agree totally. I wouldnt do it... nor would I advise someone to put it to the test. But it is what it is. If ur going to do anything in life it always brings a sense of relief knowing ur doing whats RIGHT. Black and white and NO GREY

Celsius

I don't get it. Your wife is waiting for a visa to settle in the UK and now you want to get a US visa that allows you to work? Make up your mind. As a couple, where do you really want to live and work?

Noorah101

He's already said, if you read through the previous posts in this thread, that they have changed their minds and now they want to live and work in the USA.

Rene