Pienut78

Hi - we have spent a long time on the US embassy line in London with no joy thus far and was wondering if anyone had advice on how to proceed.

I am a brit, married to a US citizen for 12 years. She has spent less than 3 years in total living in the US, where she was born. We have two daughters, 4 and 2, both British citizens.

I have accepted a job offer by my organisation in the US, hopefully starting in the next 2 months. They have agreed to get me a work permit, which they are proceeding with. However, we need to get me and my daughters into the country with my wife as soon as possible.

I know about my wife needing to fill in the I-130 and I-485 forms, but my questions are:

Is it possible to fly to the US and then lodge the applications for me and my daughters once we arrive? If so, what do we travel under (presumably not the ESTA)? A particular visa?

If not, should we lodge our applications with the US embassy in London? If so, what is the likely time delay between lodging the applications and being able to fly out?

Is there a quicker and legal way of being able to physically locate to the states so I can start work (I have been told my work permit is likely to arrive in 2 weeks)? I ask because we now have a house in the US from July 1st and would like to get over there ASAP - even if it means that I have to return to the UK at a later date for an interview.

Any advice gratefully received as we seem to be going round in circles.

Kind regards

Tom

JSL8610

Hi, and

I'm a little confused here (not enough caffeine yet). You say the organisation has agreed to get you a work permit. Is the organisation applying for a visa for you? Have they started the process? What visa?

I'm no expert in this area, but this sounds like a completely different process. Is the organisation getting you a visa, or are you and your children applying for them through your wife?

No. Or rather, you can try it but it's illegal and there's a risk of deportation and a lifetime ban. Not worth it.

Yes. If you're applying for immigrant visas based on immediate relative status to your wife, the typical timeframe at the moment is around 6-8 months. This is subject to change.

I'm still confused here (probably just me). It may be quicker to get to the US if the organisation is sponsoring you for a visa. You could then apply to adjust status based on your marriage. Is this what you mean when you say your work permit is due in 2 weeks?

James

Married2abrit

Also, before she goes to America, your US citizen wife should have filed at least the 3 most current years for IRS income tax (she has to file, not necessarily that she will owe the IRS any tax). HTH!

ian-mstm

Your wife will need to file an I-130 and I-864W for each child. The children will automatically become US citizens the day they arrive in the US with their immigrant visas (the end result of the I-130).

You have an extra option. Your wife can file an I-130 for you also and you'll get an immigrant visa the same as the children; or you can get an employment-based visa through the company. Once you're in the US, she can file both an I-130 and I-485 (and other stuff also) and you'll be able to adjust your status that way.


It is illegal to enter the US as a visitor with the intent to stay to adjust your status. So, that's a no-go from the start.


Neither you nor the children can move to the US without the appropriate visas. End of story. If you get the visa, go! Your wife can remain in the UK until such time as the children get visas... and then they can all join you. Once your wife is back in the US, you apply to adjust your status as outlined above.


I don't think you're actually going round in circles, but I think you don't fully understand the information you've been reading.

Ian

S Folinsky

OP does not give details on the employment based visa.

He should talk to a lawyer. It may very well be that the company has a lawyer handling the work visa -- perhaps they can give some advice [noting that the primary duty of loyalty of said lawyer goes to the company -- this is a matter of heated legal debate beyond the scope of this forum].

fatbrit

You've had some strange advice in this thread so far.

Your organization is applying for an employment-based visa on your behalf. First job is to find out which particular non-immigrant visa. Most non-immigrant visas allow you to include dependents to take with you -- in this case your 2 kids. Your wife doesn't need anything -- she's already a citizen.

Once here, you and your kids can most probably adjust status to permanent residency in country. As noted, your kids will become instant citizens at this point.

Your organization is presumably using an immigration lawyer. S/he should have pertinent advice for your slightly unusual situation.

Jerseygirl

I don't know whether the OP's wife is a dual US/UK cititzen...but as she is a USC she is required to enter the US using a valid US passport. She cannot use another country's passport to enter the US.

ian-mstm

Well, you make a good point! I admit I hadn't considered the children getting derivative visas based on dad's visa... I must be getting old! So, regardless of the visa he and the children enter with, they can all adjust status based on the wife/mother being a USC.

Ian

Noorah101

Not a "work permit", but a "work visa". Presumably an L-1, which means your transferring with the same company to a branch in the USA?

No problem. Your wife is a USC so she can enter the USA anytime. I assume your employer knows you have a USC wife and 2 UKC daughters? The daughters can derivative L-2 visas so that they can accompany the family into the USA.

This happens after you arrive in the USA on your L-1 visa. There is a whole package of Adjustment of Status (AOS) paperwork that will need to be done, plus a full medical exam for you. You don't have to do your AOS right away, so you might want to focus just on the work transfer and move to the USA for now, and then once settled in the USA, look into the AOS part of it. It can be overwhelming trying to do it all at once.

Yes.

You're right...not ESTA. Yes, a particular visa...presumably the L-1 that your company is going to get for you.

Are you talking about getting an Immigrant Visa via your marriage to a USC? Rather than the work visa? If so, then that's a whole different application. Your wife would file an I-130 to London, and eventually you'd go for a medical and an Immigrant Visa interview. It would have nothing to do with your work visa.

If you want to go the Immigrant Visa route via marriage to a USC, it takes about 6 to 8 months from filing I-130 to having the visa interview. During those 6 - 8 months, you can only VISIT the USA, you cannot work there.

Nothing would be quicker than the L-1 visa that your company is presumably already getting for you. I'm not sure what you mean when you say the work permit is likely to arrive in 2 weeks? If you haven't even been to a visa interview yet, I doubt anything will arrive. You'll only get the L-1 visa after you attend the visa interview in London.

Well, until you have the visa interview and get your L-1 in hand, you can only VISIT the USA. So yes, you could go to the USA on the VWP for a visit to get the house in order, but you wouldn't be able to work there.

Rene

fatbrit

OP's use of the word organisation makes me feel he might be on one of the unusual ones.