Moving to US with my American wife
#16
Account Closed
Thread Starter
Joined: Jul 2015
Posts: 14
Re: Moving to US with my American wife
It's 5 years old, nearly 6
I'm still puzzled on my comment above though.
I'm still puzzled on my comment above though.
#17
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Moving to US with my American wife
I am under the impression that once the I-130 is filed I am in some kind of "holding space" where I cannot move around, i.e. I cannot leave the US or the UK, wherever I happen to be.
So what happens when the ESTA runs out?
Ian
#18
Account Closed
Thread Starter
Joined: Jul 2015
Posts: 14
Re: Moving to US with my American wife
Ian, thank you... I think that clears it up. Can I just confirm this is how it would actually play out with hypothetical timelines:
1. Wife accepts job offer (today)
2. Wife files I-130 here in London (tomorrow)
3. Wife and I fly out to US (1st October). She goes on Citizenship, I go on ESTA for max 90 days.
4. I return to London once I have my interview date at the US embassy (unless I have already had it before heading out on 1st October)
5. I have the interview
6. I am granted an immigrant visa and fly to the US
7. On arriving in the US I am given a Green Card
8. We live happily ever after
1. Wife accepts job offer (today)
2. Wife files I-130 here in London (tomorrow)
3. Wife and I fly out to US (1st October). She goes on Citizenship, I go on ESTA for max 90 days.
4. I return to London once I have my interview date at the US embassy (unless I have already had it before heading out on 1st October)
5. I have the interview
6. I am granted an immigrant visa and fly to the US
7. On arriving in the US I am given a Green Card
8. We live happily ever after
#19
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Moving to US with my American wife
1. Wife accepts job offer (today)
2. Wife files I-130 here in London (tomorrow)
3. Wife and I fly out to US (1st October). She goes on Citizenship, I go on ESTA for max 90 days.
4. I return to London once I have my interview date at the US embassy (unless I have already had it before heading out on 1st October)
5. I have the interview
6. I am granted an immigrant visa and fly to the US
7. On arriving in the US I am given a Green Card
8. We live happily ever after
2. Wife files I-130 here in London (tomorrow)
3. Wife and I fly out to US (1st October). She goes on Citizenship, I go on ESTA for max 90 days.
4. I return to London once I have my interview date at the US embassy (unless I have already had it before heading out on 1st October)
5. I have the interview
6. I am granted an immigrant visa and fly to the US
7. On arriving in the US I am given a Green Card
8. We live happily ever after
Ian
#20
Re: Moving to US with my American wife
Reminder, everytime you visit the US using vwp/esta you are doing just that visiting you are most certainly not "moving with your wife".
#21
Account Closed
Thread Starter
Joined: Jul 2015
Posts: 14
Re: Moving to US with my American wife
Understood, thank you guys. I think that clears it all up for me
#22
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Moving to US with my American wife
Oh... one other thing that I haven't seen mentioned yet. Your wife will need to complete form I-864 as your financial sponsor. She'll be required to show sufficient income to support you and she'll need to provide the most recent 3 years' worth of tax returns. If she hasn't been filing US taxes (which, by US law, she was actually required to do), she'll need to take care of that ASAP! The US Consular Service is very helpful with this - which is great, considering they aren't very helpful with most other things!
Ian
Ian
#23
Account Closed
Thread Starter
Joined: Jul 2015
Posts: 14
Re: Moving to US with my American wife
Does that change if I also end up with a job offer before I move over?
#25
Re: Moving to US with my American wife
Occasionally, the non-USC applicant can have their income counted as well if it "continues from the same source" but for employment, practically the only way that can happen is if they transfer their job with the same employer for the UK to the US. That was actually what I did, but I was in the lucky position of working for a US-headquartered company in the UK and they were willing to let me transfer.
I'd strongly suggest your wife talking to US-based family to have someone lined up a joint sponsor should her new US job income not be accepted: if that happens, just whip out the second set of forms for the joint sponsor and give them to the Consular Officer.
#26
Account Closed
Thread Starter
Joined: Jul 2015
Posts: 14
Re: Moving to US with my American wife
Ok, so regardless of the green card and a job offer prior to picking up the green card. We'd still need I-864 filed.
Awesome, thanks!
Awesome, thanks!
#27
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Moving to US with my American wife
If you do get a job offer before you move, you'll be able to work the day you enter the US with your immigrant visa. You can't work if you're in the US as a visitor.
Ian
#29
Account Closed
Thread Starter
Joined: Jul 2015
Posts: 14
Re: Moving to US with my American wife
Brilliant... I love this forum. Literally spent days stressing over this trying to decipher everything.
One final question, for now, am I right in thinking these 2 things:
1. I am the only person required to attend that interview at the US embassy. So if my wife is already in the US working, she won't need to return with me.
2. There's a possibility that if we file now. I could have that interview before 1st October when she moves out there.
One final question, for now, am I right in thinking these 2 things:
1. I am the only person required to attend that interview at the US embassy. So if my wife is already in the US working, she won't need to return with me.
2. There's a possibility that if we file now. I could have that interview before 1st October when she moves out there.
#30
Re: Moving to US with my American wife
Brilliant... I love this forum. Literally spent days stressing over this trying to decipher everything.
One final question, for now, am I right in thinking these 2 things:
1. I am the only person required to attend that interview at the US embassy. So if my wife is already in the US working, she won't need to return with me.
One final question, for now, am I right in thinking these 2 things:
1. I am the only person required to attend that interview at the US embassy. So if my wife is already in the US working, she won't need to return with me.
2. There's a possibility that if we file now. I could have that interview before 1st October when she moves out there.
If you're prepared to react immediately you get any notification from the embassy, who knows, you may be able to shave a bit of time off. Also, there have been very occasional mentions here of people getting expedited processing of the DCF process, but that has always, as far as I can recall, been in the context of someone involved being seriously ill.