Marriage visa or work visa
#1
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Joined: Nov 2014
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Marriage visa or work visa
Hi all,
So, here's my situation.
I am a UK citizen married to my USA wife for 9.5 years. We got married in the US but have lived in the UK for all of that time. We now have 2 children. My wife has UK citizenhip and the children have got their US passports and SSN.
It seems I will be offered a job working for a UK business that is looking to branch out to the US. There has been some discussion between them and I on what visa is the best for me to move on.
I'm thinking a marriage visa is probably the best visa (and get the company to cover the costs) just in case anything happens with the job.
A few questions:
- What is the current processing time for a marriage visa?
- Will I be able to work as soon as a I arrive? (I do have a SSN from my J-1 student days when I worked in the US during the summer)
Any thoughts/advise will be greatly recieved.
Thanks
So, here's my situation.
I am a UK citizen married to my USA wife for 9.5 years. We got married in the US but have lived in the UK for all of that time. We now have 2 children. My wife has UK citizenhip and the children have got their US passports and SSN.
It seems I will be offered a job working for a UK business that is looking to branch out to the US. There has been some discussion between them and I on what visa is the best for me to move on.
I'm thinking a marriage visa is probably the best visa (and get the company to cover the costs) just in case anything happens with the job.
A few questions:
- What is the current processing time for a marriage visa?
- Will I be able to work as soon as a I arrive? (I do have a SSN from my J-1 student days when I worked in the US during the summer)
Any thoughts/advise will be greatly recieved.
Thanks
Last edited by keane16; Dec 4th 2016 at 10:07 pm.
#2
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Marriage visa or work visa
If this is a new job and you're not being transferred with your current employer, then yes - a spouse visa is probably the best. If you're being transferred with your current employer, then an L-1 visa would be best - but only if "best" means "fastest". A spouse visa is far superior because upon entry to the US, you will immediately get a green card and be fully authorized to work.
Because your wife is already living in the UK, roughly 4-6 months.
Yes.
Ian
What is the current processing time for a marriage visa?
Will I be able to work as soon as a I arrive?
Ian
#3
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Joined: Nov 2014
Posts: 10
Re: Marriage visa or work visa
Thanks for the swift response Ian. This would be a new job with a different company.
#4
Re: Marriage visa or work visa
In that case a marriage visa would not only be preferable, it may be the only way.
An L-1A/B is for a transfer by the same employer, and an H-1B has a considerable delay combined with a probability of success, based on a lottery because of an excess of applicable over number of available visas, of only about 25%.
Other esoteric visa routes will take much more paperwork and/or considerable time delay and/or a high probability of rejection, or any two of those factors, or all three!
An L-1A/B is for a transfer by the same employer, and an H-1B has a considerable delay combined with a probability of success, based on a lottery because of an excess of applicable over number of available visas, of only about 25%.
Other esoteric visa routes will take much more paperwork and/or considerable time delay and/or a high probability of rejection, or any two of those factors, or all three!
#5
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Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: Marriage visa or work visa
When planning your move, note that, when you enter the US on your spousal visa your wife must either already be in the US or travelling with you.
Also note that, if necessary, either you or your wife can immediately head back to the UK on the next flight.
I point this out because the date on which you need to move to start work may not match up exactly with the date on which it would be most convenient for your wife and family to move. Fortunately, since they are all US citizens, they have the option of moving there any time that they want to which could be either before or after you (but, as noted, your wife must be physically present in the US when you arrive with your visa).
Also note that, if necessary, either you or your wife can immediately head back to the UK on the next flight.
I point this out because the date on which you need to move to start work may not match up exactly with the date on which it would be most convenient for your wife and family to move. Fortunately, since they are all US citizens, they have the option of moving there any time that they want to which could be either before or after you (but, as noted, your wife must be physically present in the US when you arrive with your visa).
#6
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Joined: Nov 2014
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Re: Marriage visa or work visa
Thanks for the advise - re: arriving together. Appreciated.
I'm sure it will be on another thread - but what is the estimated total cost of applying for the I-130? I think it is $420 filing fee - but surely there are other costs? (other than travelling to London, postage, photos etc...)
I'm sure it will be on another thread - but what is the estimated total cost of applying for the I-130? I think it is $420 filing fee - but surely there are other costs? (other than travelling to London, postage, photos etc...)
#7
Re: Marriage visa or work visa
Yes, there are many more costs involved and although the fees are set to increase this month, I don't believe that pertains to the filing of the I-130 in London at the US Consulate.
Off hand there is the fee for the courier, the medical, police compliance certificate, etc. Should run you just under $1,000 all told.
BTW one thing you will need is a long form UK birth certificate which you can order online. It needs to show your parents' names and where they were living at the time of your birth. Believe there is a fee for that as well.
As for fee for copies, right or wrong, I used the copy machine in the office.
Off hand there is the fee for the courier, the medical, police compliance certificate, etc. Should run you just under $1,000 all told.
BTW one thing you will need is a long form UK birth certificate which you can order online. It needs to show your parents' names and where they were living at the time of your birth. Believe there is a fee for that as well.
As for fee for copies, right or wrong, I used the copy machine in the office.
#8
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Location: Kentucky
Posts: 38,865
Re: Marriage visa or work visa
Just to clarify, you don't apply for an I-130. The I-130 is a petition that establishes the relationship between a USC and a non-USC. Once the I-130 petition is approved, you'll then be invited to apply for an immigrant visa (DS-260) and there are costs associated with that as well.
Ian
Ian