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Married to a US Citizen, got a Job in NC

Married to a US Citizen, got a Job in NC

Old Mar 17th 2013, 3:20 pm
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Default Married to a US Citizen, got a Job in NC

Hello folkes,

I am a british citizen (born and bred) and married to a US citizen and living in the UK. We got married in 2006 in the UK. She has been living with my in the UK ever since and has ILR for the UK. We have a 2 year old child together that holds both a US and a UK passport.

Recently my wife wanted to move back the the US, and I applied and got offered an Academic Job in NC with a start date of the 1st of August.

Now, we are now preparing for the whole visa work permit saga and began looking at an Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen.

However, I can see that the I-30 process may take six to nine months. This is after the start date of my job.

So what are my options?
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Old Mar 17th 2013, 3:26 pm
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Default Re: Married to a US Citizen, got a Job in NC

Originally Posted by scottie_uk
Hello folkes,

I am a british citizen (born and bred) and married to a US citizen and living in the UK. We got married in 2006 in the UK. She has been living with my in the UK ever since and has ILR for the UK. We have a 2 year old child together that holds both a US and a UK passport.

Recently my wife wanted to move back the the US, and I applied and got offered an Academic Job in NC with a start date of the 1st of August.

Now, we are now preparing for the whole visa work permit saga and began looking at an Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen.

However, I can see that the I-30 process may take six to nine months. This is after the start date of my job.

So what are my options?
Get the work visa from the sponsoring employer and do an Adjustment of Status (AOS) after you arrive in the US.
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Old Mar 17th 2013, 3:38 pm
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Default Re: Married to a US Citizen, got a Job in NC

Originally Posted by Michael
Get the work visa from the sponsoring employer and do an Adjustment of Status (AOS) after you arrive in the US.
Yes, what Michael said.

Or, since you're filing the I-130 directly to London, it might only take 4 or 5 months to complete, so might still be in time for your job, but no guarantees.

The 8 - 10 months time processing you see posted around here is if the I-130 is filed in the USA. Since the USC lives in the UK right now, in your case the I-130 can be filed directly to London, saving a few months time.

Does your wife have time to get UK citizenship before leaving the UK? If so, she should do that, too.

Make sure you have a way of handling the I-864 affidavit of support, too, if doing the immigrant visa route.

If the employer will do a work visa, though, that's faster and also they will cover the cost of the visa, and probably cover the cost of the move itself. Big savings to you!

Rene
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Old Mar 17th 2013, 3:45 pm
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Default Re: Married to a US Citizen, got a Job in NC

Noorah with a start date of August the 1st that's going to be close. I may only have the I-30 by then.

Is there an express service?
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Old Mar 17th 2013, 4:04 pm
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Default Re: Married to a US Citizen, got a Job in NC

It's a shame you didn't send in the I-130 petition a month or so ago... Recently I have seen there seems to be a 4 month turnaround for DCF (direct consular filing) immigrant visas. So you might still just about be ok if you send it in tomorrow! Would it be a major problem if you arrived a few weeks late for the job?
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Old Mar 17th 2013, 4:05 pm
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Default Re: Married to a US Citizen, got a Job in NC

No there isnt, you take your turn in the queue as petitions are received. I would suggest you negotiate a later start with your employer as an employment visa would take even longer, we're only talking around a month after all.
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Old Mar 17th 2013, 4:31 pm
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Default Re: Married to a US Citizen, got a Job in NC

Originally Posted by Noorah101
Does your wife have time to get UK citizenship before leaving the UK? If so, she should do that, too.
Spouses of British citizens do not have to intend to continue living in the U.K. so it is possible to move outside the country during processing of a naturalisation application. The citizenship ceremony can be done at a British consulate in the United States.

There's more risk of something going wrong with the application but it can be (and has been) done this way by others.

The new U.K. spouse visa rules are so strict that anyone married to a British citizen who has the opportunity to take out British citizenship should do so as soon as possible. Unless there are some very strong reasons not to.

Make sure you have a way of handling the I-864 affidavit of support, too, if doing the immigrant visa route.

If the employer will do a work visa, though, that's faster and also they will cover the cost of the visa, and probably cover the cost of the move itself. Big savings to you!
Except that for a spouse to moving to the U.S. on a work visa is risky. The first risk is that the person then "never gets around to" doing an adjustment of status and stays as a temporary resident. The bigger risk is what if they split up after arriving in the U.S. and the non-U.S. spouse then can't adjust status as a spouse, and then finds that he or she can't adjust through employment either. Ultimately it would involve a risk of having to leave the United States, leaving behind a child.
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Old Mar 17th 2013, 5:21 pm
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Default Re: Married to a US Citizen, got a Job in NC

Originally Posted by JAJ
The new U.K. spouse visa rules are so strict that anyone married to a British citizen who has the opportunity to take out British citizenship should do so as soon as possible. Unless there are some very strong reasons not to.
[/u].
My wife has UK ILR is that not enough?
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Old Mar 17th 2013, 5:41 pm
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Default Re: Married to a US Citizen, got a Job in NC

No, if she leaves the UK long term she will lose it and will need to reapply.
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Old Mar 17th 2013, 6:52 pm
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Default Re: Married to a US Citizen, got a Job in NC

You can see from one of the last posts in the following thread that DCF filing took only 4 months.

http://britishexpats.com/forum/showt...763941&page=11

Do you feel lucky?

Last edited by Michael; Mar 17th 2013 at 7:14 pm.
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Old Mar 17th 2013, 7:12 pm
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Default Re: Married to a US Citizen, got a Job in NC

Originally Posted by scottie_uk
Hello folkes,

Recently my wife wanted to move back the the US, and I applied and got offered an Academic Job in NC with a start date of the 1st of August.

Now, we are now preparing for the whole visa work permit saga and began looking at an Immigrant Visa for a Spouse or Fiancé(e) of a U.S. Citizen.

However, I can see that the I-30 process may take six to nine months. This is after the start date of my job.

So what are my options?
The best route for you to gurarantee a start date is
1. file your I-130 and
2. have your employer file an H1B visa.

Since it is an academic job, you are not subject to the H1B cap. This means you can apply now. Also, your employer will not have to pay the onerous $2000 fee, as academic institutions are exempt.

The visa will be valid for three years. Before filing the H1B, the employer needs to obtain an LCA from the department of labor. This takes 7 days. Then, standard H1B processing is 2 to 4 months. But, there is a premium processing service for the H1B, costs $1225, and guarantees a decision within 15 days.

You then enter the US on an H1B, and once your I-130 is approved, you can file for AOS.
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Old Mar 17th 2013, 7:12 pm
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Default Re: Married to a US Citizen, got a Job in NC

4 months looks like a best case scenario, not an average.
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Old Mar 17th 2013, 7:13 pm
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Default Re: Married to a US Citizen, got a Job in NC

Originally Posted by civilservant
No there isnt, you take your turn in the queue as petitions are received. I would suggest you negotiate a later start with your employer as an employment visa would take even longer, we're only talking around a month after all.
An H1B can be done in less than 1 month if paying premium processing. Since the OP would be cap exempt, he can file now.
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Old Mar 17th 2013, 7:34 pm
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Default Re: Married to a US Citizen, got a Job in NC

Originally Posted by scottie_uk
4 months looks like a best case scenario, not an average.
As Scotty would have said, "You can't change the laws of physics". You have 3 choices: 1) your wife files the I-130 petition now and you let that process. If all goes well quickly, great. If not, you ask the school to delay your start date; 2) you ask the employer to immediately file a petition for an H-1B with premium processing... and once you're in the US, you adjust status via your USC wife; or 3) your wife files the I-130 petition now and you ask the employer to immediately file a petition for an H-1B... and you act on whichever one processes first. It's perfectly okay to have two visa petitions processing at the same time.

There aren't any other choices given your situation - so you can choose 1, 2, or 3... but you need to make a decision ASAP and get moving on it - rather than quibble about what might or might not be possible within a given time frame. The US immigration process isn't going to speed up regardless of how much you want it to.

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Old Mar 17th 2013, 8:17 pm
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Default Re: Married to a US Citizen, got a Job in NC

To the OP: Before the discussion of H1Bs goes any further, is that actually the work visa you would be getting? A lot of (junior) academics get J1s.

EDIT: When I asked about this issue here a few years back I was told that universities often do J1s for postdocs and the like, who will potentially only be around for a few years, because it is cheaper and that H1Bs are frequently saved for tenure track level jobs and above. All the friends I have on postdocs in the US are J1s.

Last edited by Apfelkuchen; Mar 17th 2013 at 8:28 pm.
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