Chins

I am currently in the final stages of discussion with my employer about moving to the USA.

He is happy for me to move, but we are unsure if they will want to help with moving costs.

So i dont need a new job as I am already country manager for the USA, which will continue but I now living a bit closer (also cover Oz/NZ and will continue as head of a business unit globally)

So to cause less paperwork internally I might just use the marriage route as my wife is a USC. I know that normally I need her sponsorship on the I-864 and we need to prove assets as she is here in the UK with no job in the USA.
We have a house in CA to use.

Does the fact I already have a job make any difference here ?. I would start to get paid from our US office in the future though.

Cheers

ian-mstm

Your USC wife is your sponsor, whether or not she is able to meet the financial requirement. She must complete an I-864 either way.


Unless your earned income will continue from the same source once you're in the US, your current income is irrelevant. Future income can't usually be used. However, the house in CA can be used as an asset. You can use only the equity amount in the house, however, not the current value of the house. Assets must be 3x the required income amount.

Bottom line - whether you pay moving costs on your own, or whether the company pays... makes little difference. If the company can transfer you on an L-1 visa as you suggested in another thread, that'd likely be the more efficient method. Once you're in the US, you could then apply to adjust your status and get a green card.

Ian

Rete

Your foundation for applying for the adjustment of status would be based on your marriage to a USC (easiest way to go while in the US rather than having your employer file for your green card).

Chins

Hi Ian

Thanks for the reply. In theory I am still keeping the same source of income, continuity of employment etc. The only thing that would change potentially is that the US office might pay me. I guess my current office could keep paying and use our USD account. I havent looked at the tax implications of this route. Just guessing its better to be paid in the US.

ian-mstm

There's no requirement that you be paid in USD... the requirement is that your income comes from the same source. If, as you suggest, that's actually what's going to happen, then you can use that income for the I-864. No worries.

Ian

Chins

Thanks again. If we go this route and not jumping the gun, if we get a DS-260 issued then we essentially have 6 months to make the move or lose it ?

The work based visa in this case maybe more flexible ? Thinking of when our house would sell etc.

ian-mstm

You'll have 6 months from the date of your medical; not 6 months from the date of your interview. Also, you don't need to move within that timeframe... you need only enter the US to get your visa endorsed. If things haven't yet wrapped up in the UK in time, you can then return to the UK to settle things.

One caveat, however... if you sell your property after you become a US PR (= get visa endorsed; = get green card), you become liable for US capital gains tax on the sale. To be fair, however, that isn't a US immigration issue. If you have tax questions, ask them in the general USA forum.

Ian

S Folinsky

When I was in practice, I was mildly surprised how many L-1a's thought they could only adjust through their job. Not only can they use marriage, but I once had a case where hubby's employer was unwilling to petition for immigrant status, but wife was an RN.

Chins

Thanks again.

Have asked in the general forum re property. Hope it makes sense after a few glasses of vino.

So if I enter the US to get my visa endorsed, but then leave for a while longer what about my SSN. Can I get my visa endorsed, stay a couple of weeks and get my SSN ? Sorry for potentially stupid questions

Noorah101

As part of the visa application, you can tick a box to order the SSN and card. Sometimes works, sometimes not, but yes, you can stay a few weeks and then leave to wrap things up at home. Don't be gone longer than a few months.

Rene

Rete

Yes, once you have activated your visa and have received your I-155 in your passport (this is the paper green card), you can either leave immediately, in a few weeks or remain in the US.

Staying for a few weeks is okay as well. You will need that time to see if your social security card arrives (note, that although you might sign up for it at the Embassy, it does not mean you will get it) and if it doesn't within a month, then you should go to the SSA office and inquire what the holdup is or whether you need to complete a new form.

As for being outside of the US, yes, you can leave at any time but be aware that you should not remain outside of the US for more than six months at one time as it might appear that you abandoned your residency. At least you have a house in CA that the green card and the social security card can be sent to and you will have a permanent address to be able to open a bank account, etc.

Chins

Thanks again for everyones help.

So do you get the I-155 in your passport at the same time as activating your visa.

ian-mstm

It's actually an I-551 endorsement - which, by staggering coincidence, is the exact same form number as for the plastic green card. A visa is a travel document only, so you don't actually activate the visa... you get it endorsed. But, to answer your question - yes, both happen at the same time!

Ian