jdonice

Hi
I have read many posts on here I feel that I (UK citizen) am in this 10 foot pole situation..
My lady is Dual American and UK nationality... No way she will move to UK, she can't bear to be away from here mother and father...
Problem is I cannot afford not to be working and it seems like this can be the case with the visa process..

I was thinking what happens if I go out on a H1B visa to work, my current employer has offices in the states near where my gf lives (well same city anyhow).
If I went out on a H1B visa then married while out there.. would it be possible to change my status... to resident.. or is this wrong..?

It really does seem like so much stacks against UK people entering the US.

To top it off I have debt here in the UK (about 20k), which I could probably clear by selling my flat here in London, but I know my credit record is not too good.. so I am worried this may affect the process too.

Any thoughts on how impossible this might be.. ?

Tracym

Hi, and welcome to BE!

1) I don't know about H1B - if it's dual intent, you *might* be able to do that legally (enter on H1B, marry, and adjust). Someone will come along who knows I'm sure.

2) If that doesn't work out - if you were to marry (in the US or UK), you could then return to/remain in the UK and she could apply for you as a spouse - once approved, you would enter the US as a permanent resident (green card) and could work immediately. You could visit each other during the time the visa is being processed probably.

3) Or... since she is a dual national - marry, live in the UK temporarily - apply for DCF there - you'd enter the US as a permanent resident, able to work immediately. I don't know how long she has to be resident in the UK to apply for this.... I'm thinking 6 months. Again, someone on the forum will know this.

While I understand she wants to live in the US near her family - perhaps for a short time with visits might be manageable?

Your debt does not matter - they do not look at that at all, nor your credit record. That is one thing at least you do not have to worry about.

augigi

You can definitely change status from H1B to permanent resident after marriage.

English Muffin

The problem would probably be getting the H1B in the first place.

hobbes79

Have you been with your present company over a year? You could qualify for an L-1 visa (intra-company transfer). Considerably easier to get than an H-1B and is also dual-intent.

Dan725

Sounds like you've possibly got more options than most. But basically the way to do it relatively easily is to get married and then come over on a spouse visa after selling your flat and clearing your debt, then carry on working for your firm after they've found you a job in the US. Less hassle for your company, less for you.

ian-mstm

She doesn't have to move... she only needs to be in the UK long enough to file the paperwork directly to London. Much faster than anything else you're considering... better also!

Ian

Rete

Definite warning signs of potential problems there but for you to decide.

H-1B is not what you want. While it has dual intent, the employer must file for you the first day the visa application process is open (sometime in April) and if you are lucky enough to make it through the system, you won't be eligible to start until October, 2008.

If you are currently working in a managerial position and have been for 1 year you can see if the employer will be agreeable to obtaining an L-1 for you.


Stupid statement. Why should citizens of the UK be treated any different from citizens of the rest of the world?

Your debt has nothing to do with your ability to emigrate. You can continue to pay off your debts while living and working in the US and the background checks required by the USCIS does not include financial reports.

Your situation has absolutely NOTHING to do with the ten foot pole issue. That is the issue of intent to enter the US for the express purpose of marry and remaining without the proper visa and someone telling you how to accomplish this with minimal adverse effect.

You have the option of the K-1 Fiancee visa where your US/UK fiancee can bring you into the US with the express purpose of marry and filing for adjustment of status.

or

You can have her come to the UK to get married, return home to Mom and Dad and start the application for your Immediate Relative Visa which you will ultimately obtain through the US Consulate in London.

The second choice is the only choice that will allow you to work immediately upon entry into the US. Some say you can start working even without having a social security number as long as you have applied for it.

Rete

If that is possible. Remember she does not live in the UK but in the US and although she is a UK Citizen, she might not qualify to file there.

Ray

Oh God !!! I can see nightmares in the future there ....

Folinskyinla

Hi:

You don't have enough facts to use "could" rather than "may." However, I agree with what you meant, if not what you said.

Bob

Or have specialist skills in the company operations...L1B

jdonice

Hi
Many thanks for all the responses.. in particular Rete, who seems to know his stuff..
I apologise for the stupid comment, I had got frustrated and I think down heartened with all the things I had read with other people having trouble..
The visa thing is a little daunting..
Was just venting..

With a bit more detail, she has actually been in the UK for nearly 2 years now, I met her here in the UK.... But her mum who has a medical condition and has just split from her father needs her, so I can understand why she wants to go back....

I will look into the L-1 Visa, I have only been there 8 months, but there are quite a few positions opening up all the time as the office in the States is quite new..

Many thanks again...

ian-mstm

If she is currently living in the UK, she can file directly to London *now* and she can leave any time after that. She may (or may not) need to be back in about 4 months when you get an interview for your immigrant visa, but once you enter the US, you're set.

Ian

Noorah101

If you are married, and she's been living in the UK for 6+ months, your fastest route to the USA now is by filing an I-130 (immigrant visa petition) directly to the US Embassy in London. Once the I-130 has been filed, she can return to the USA, and you can come over in about 4 or 5 months on your Immigrant Visa. You become a PR upon entry to the USA (which means you get your green card right at the POE). It's by far your quickest option right now.

Rene