Any pointers? I am confused
#1
Just Joined
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Joined: Jun 2012
Posts: 1
Any pointers? I am confused
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
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
#2
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Joined: Jan 2012
Location: Lexington, KY
Posts: 674
Re: Any pointers? I am confused
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 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.
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?
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.
James
#3
Forum Regular
Joined: Jan 2011
Location: North Charleston, SC
Posts: 194
Re: Any pointers? I am confused
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!
#4
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Any pointers? I am confused
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
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.
Is it possible to fly to the US and then lodge the applications for me and my daughters once we arrive?
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.
Ian
#5
Re: Any pointers? I am confused
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].
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].
#6
Re: Any pointers? I am confused
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
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
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.
#7
Re: Any pointers? I am confused
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.
#8
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Any pointers? I am confused
Ian
#9
Re: Any pointers? I am confused
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...
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.
Rene