uklemond

Hi Guys and Gals.

I signed up today as this site looks awesome and could possibly contain every ounce of knowledge im going to need.

Here is my set of questions, and i really hope that you all can help me.

I am looking to apply to move to the USofA. My wife is a USC, im a UKC. I work for a company that has an office in bot London and Boston, and am wanting to move to the Boston branch, but wanted to know what im required to do before i approach my boss for a request to move.


My circumstances are as such.

I married my wife Last in Jan of 2009 in the US. I did not apply for a fiance visa, i went over as a tourist and we applied for a marriage license got it and was wed in a church whilst on that holiday.

My wife came home here to see what England was like and to see if she would like to live here permanently. So she came over on a 6 month tourist visa and by the end of it she loved it and said yes. Long story short she now has a 2 year right to enter visa for the UK (cost me a small fortune)

However we now have a little girl, born 3 weeks ago and our circumstances have changed slightly. Obviously all of my wife's family are in the US, and I have no family near where we live so she is all alone by day with the baby who is not making it easy for the new mum.

So my questions are.

What would the best route be for me to move to move to the US?

Would it be possible to use work as the main focal point, as i would just be moving from office to office?

Should i be applying for a spousal visa of sorts?

Will they frown upon the fact that we were married in the US without obtaining the appropriate visa to do so in the first place?

I think im kind of in a rut as there seem to be a few avenues we can look at, but as I have no idea what im doing and how to do it, Im thinking that a shout out to yourselves would be the best bet.

We managed to obtain the UK Visa very easily, is it likely to be as easy the other way around?

this next question i do not want to do, but it may be an option so have to ask. What if i wait longer, say another few years, then would that make our case easier?

Sorry its a long winded set of questions, hope someone out there is able to offer advice.

Cheers

David

ian-mstm

Since you ask, forget the employment-based route... go for a CR-1 visa. Hint = Google is your friend (as is our wiki).


Yes, but why bother?


That would be your easiest route.


No... it won't be an issue.


No... but a CR-1 visa is your easiest route.


No... and no one knows what sort of restrictions the US might impose in the future.

Ian

Noorah101

Since your wife has been living in the UK more than 6 months, she can file an I-130 directly to London, to begin the process of your immigrant visa. This is the best route for you to move to the USA, because you become a US PR immediately upon entry to the USA, with full rights to live and work in the USA from Day 1. Also, this process (called DCF - Direct Consular Filing - on this forum) only takes about 5 months to process.

Probably, but it won't give you PR status in the USA, and it's expensive and cumbersome to adjust your status once in the USA. Although I suppose if an L-1 is processed in less than 5 months, and you're in a hurry to get to the USA, that could be a possible way to go.

In my opinion, yes. The Immigrant Visa is superior to any work related visa because you become a US PR upon entry to the USA.

No. Using the VWP to get married in the USA is legal and there's no problem there.

You are lucky in that your wife lives in the UK and your Immigrant Visa process will be faster than those filing an I-130 in the USA. So in that regard, it's easier. There are still some hurdles, though, so you'll want to do a search on terms such as Affidavit of Support I-864, Domicile, and you'll want to make sure your wife is filing a US tax return from the UK each year.

No.

See this Wiki guide for more information, and come on back with any questions:
http://britishexpats.com/wiki/DCF_I-130_Filed_In_London

Oh, and don't forget your daughter will need a US Passport before leaving the UK.

Rene

jeffreyhy

There is no appropriate visa for the situation you were in. The VWP was perfectly appropriate.

Regards, JEff

meauxna

Suggest you read through that wiki entry Rene added for an overview of the spousal immigration process. It's the fastest method and requires nothing from your employer other than the job transfer.

It might be smartest to send the initial petition into the USCIS in London and make sure they will accept it from your wife (IE they deem her 'resident' enough). When it's been accepted for processing, you will be able to tell your boss when you anticipate moving.

It's all going to take several/6 months, so unless the boss is willing to transfer you on a work visa (takes money/time/effort on their part) that's about the soonest you could make it happen.

It's not overly complicated; you just lose the money you've just spent on your wife's status change in the UK.