Husband Green Card, what can the wife get?
Nov 26th 2010, 7:22 am
#32
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Re: Husband Green Card, what can the wife get?
When you are given a Green card, your family will be automatically included.
When we applied for our Green cards back in 2000, we were able to opt for either our original embassy (London) or through the various application centres here in the US. The London embassy had a shorter application time in those days so we opted for that. That, did, of course, mean that we had to go to London for our final interview.
Nov 26th 2010, 8:15 am
#33
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Re: Husband Green Card, what can the wife get?
Hubby and I came over on an L1 some years ago.
In the contract with the company, we had covered moving costs, interim accommodation costs when first arriving, car rental costs for the first two months, health insurance etc etc.
We also had a clause which said that if I were to be made redundant in the first 18 months, the company would repatriate both of us with relevant costs etc.
Also in the contract they "committed" to helping us to get our Green cards as we had stipulated that we were not looking at this as a temporary transfer but a permanent one. (We sold everything in the UK)
The company agreed to apply for the Green Card 6 months after we moved to the US - they were not prepared to do it earlier since I believe they had gone down this route before only to find that people had not settled in the US and had returned to the UK of their own volition. Its costly for a company to apply for Green cards so this was understandable.
We received our Green cards 12 months after starting the application. I believe that's about the normal time, although some people have obtained them earlier and some later.
I agree with other reviewers that you should look at renting for the first few months.
In the contract with the company, we had covered moving costs, interim accommodation costs when first arriving, car rental costs for the first two months, health insurance etc etc.
We also had a clause which said that if I were to be made redundant in the first 18 months, the company would repatriate both of us with relevant costs etc.
Also in the contract they "committed" to helping us to get our Green cards as we had stipulated that we were not looking at this as a temporary transfer but a permanent one. (We sold everything in the UK)
The company agreed to apply for the Green Card 6 months after we moved to the US - they were not prepared to do it earlier since I believe they had gone down this route before only to find that people had not settled in the US and had returned to the UK of their own volition. Its costly for a company to apply for Green cards so this was understandable.
We received our Green cards 12 months after starting the application. I believe that's about the normal time, although some people have obtained them earlier and some later.
I agree with other reviewers that you should look at renting for the first few months.
The process of getting GC seemed to be quicker than what I thought. There is a nice flow chart on this website which said it takes 6/7 year waiting time for a GC from a work visa. And I was worrying about rent for such a long period of time!
Nov 26th 2010, 8:29 am
#34
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Re: Husband Green Card, what can the wife get?
The length of time your Permanent Residence application takes is completely dependent on the category you are applying from and your country of origin. "Work visa" is a very loose definition; there are many types.
Nov 26th 2010, 8:39 am
#35
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Re: Husband Green Card, what can the wife get?
This is very helpful information. We'll definitely request for similar clause in the negotiation now.
The process of getting GC seemed to be quicker than what I thought. There is a nice flow chart on this website which said it takes 6/7 year waiting time for a GC from a work visa. And I was worrying about rent for such a long period of time!
The process of getting GC seemed to be quicker than what I thought. There is a nice flow chart on this website which said it takes 6/7 year waiting time for a GC from a work visa. And I was worrying about rent for such a long period of time!
Nov 26th 2010, 8:41 am
#36
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Re: Husband Green Card, what can the wife get?
It will be L1 for my husband and L2 for me and two kids. We are all British citizens but my origin is China.
Nov 26th 2010, 8:47 am
#37
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Re: Husband Green Card, what can the wife get?
This is very helpful information. We'll definitely request for similar clause in the negotiation now.
The process of getting GC seemed to be quicker than what I thought. There is a nice flow chart on this website which said it takes 6/7 year waiting time for a GC from a work visa. And I was worrying about rent for such a long period of time!
The process of getting GC seemed to be quicker than what I thought. There is a nice flow chart on this website which said it takes 6/7 year waiting time for a GC from a work visa. And I was worrying about rent for such a long period of time!
When applying for the Green Card we met with the company lawyer who was handling our application. We wanted us to be know to him and not just another applicant. We explained both my job and that of my husband - both managerial and executive.
The lawyer said that the meeting had been useful as he had not realised the managerial aspect of our jobs. He was therefore going to be putting the application through in the "managerial and executive" category. This is a quicker route than through the general route.
As other reviewers have said there are various levels of job categories - some get you the Green Card quicker than others.
I have known people on various visa still waiting up to 5 or 6 years for their Green Card to be approved. If you go through the Labour Certification route, then this will certainly add to the wait.
You need to be pro-active.
Nov 26th 2010, 8:51 am
#38
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Re: Husband Green Card, what can the wife get?
A clarification about a post upthread.. If you make the application inside the US, it's called an Adjustment of Status to Permanent Residence. You do not leave the country, the change is made while you are 'in place'. The result is a "Green Card".
If you choose Consular Processing and apply outside the US, you get an Immigrant Visa. When you return to the US with that visa, you are admitted as a Permanent Resident and the result is a "Green Card".
Nov 26th 2010, 9:21 am
#39
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Re: Husband Green Card, what can the wife get?
When applying for the Green Card we met with the company lawyer who was handling our application. We wanted us to be know to him and not just another applicant. We explained both my job and that of my husband - both managerial and executive.
The lawyer said that the meeting had been useful as he had not realised the managerial aspect of our jobs. He was therefore going to be putting the application through in the "managerial and executive" category. This is a quicker route than through the general route.
As other reviewers have said there are various levels of job categories - some get you the Green Card quicker than others.
I have known people on various visa still waiting up to 5 or 6 years for their Green Card to be approved. If you go through the Labour Certification route, then this will certainly add to the wait.
You need to be pro-active.
The lawyer said that the meeting had been useful as he had not realised the managerial aspect of our jobs. He was therefore going to be putting the application through in the "managerial and executive" category. This is a quicker route than through the general route.
As other reviewers have said there are various levels of job categories - some get you the Green Card quicker than others.
I have known people on various visa still waiting up to 5 or 6 years for their Green Card to be approved. If you go through the Labour Certification route, then this will certainly add to the wait.
You need to be pro-active.
What is the Labour Certification route? I know that on L2, I have to EAD. Is there a different process?
Nov 26th 2010, 9:29 am
#40
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Re: Husband Green Card, what can the wife get?
My husband works in R&D, not executive so I assume it will be L1B. The attorney will be appointed by his US company. It has taken them more than two weeks to decide to go for L1 rather than EB2, so not sure how experienced they are dealing with similar cases. Just have to keep finger crossed.
What is the Labour Certification route? I know that on L2, I have to EAD. Is there a different process?
What is the Labour Certification route? I know that on L2, I have to EAD. Is there a different process?
Nov 26th 2010, 6:21 pm
#41
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Re: Husband Green Card, what can the wife get?
My husband works in R&D, not executive so I assume it will be L1B. The attorney will be appointed by his US company. It has taken them more than two weeks to decide to go for L1 rather than EB2, so not sure how experienced they are dealing with similar cases. Just have to keep finger crossed.
What is the Labour Certification route? I know that on L2, I have to EAD. Is there a different process?
What is the Labour Certification route? I know that on L2, I have to EAD. Is there a different process?
What I was referring to was that I am aware that with some category of visa and certain job specifications the APPLICATION FOR A GREEN CARD has to go through the Department of Employment or some such organisation before such approval is given.
With a Managerial/Executive categorisation this does not need to happen and so the process is quicker.
I have been led to believe that getting an L visa as opposed to an H visa makes the process for OBTAINING A GREEN CARD easier.
Getting the EAD has nothing to do with the process above.
Hope I have not confused you further.
Nov 27th 2010, 1:18 am
#42
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Re: Husband Green Card, what can the wife get?
Ian
Nov 27th 2010, 2:23 am
#43
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Re: Husband Green Card, what can the wife get?
In many parts of the immigration laws, there will be eligibility to apply -- such eligibility being "by operation of law."
For example, many people have believed that wartime US military service "automatically" makes one a US citizen. However, the "automatic" part is that one is eligible to apply for citizenship.
That said, there are situations where the naturalization of a parent will "automatically" result in the naturalization of the child without any further application.
Nov 27th 2010, 4:25 am
#44
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Re: Husband Green Card, what can the wife get?
The word "automatic" is a dangerous one capable of fuzzy meaning.
In many parts of the immigration laws, there will be eligibility to apply -- such eligibility being "by operation of law."
For example, many people have believed that wartime US military service "automatically" makes one a US citizen. However, the "automatic" part is that one is eligible to apply for citizenship.
That said, there are situations where the naturalization of a parent will "automatically" result in the naturalization of the child without any further application.
In many parts of the immigration laws, there will be eligibility to apply -- such eligibility being "by operation of law."
For example, many people have believed that wartime US military service "automatically" makes one a US citizen. However, the "automatic" part is that one is eligible to apply for citizenship.
That said, there are situations where the naturalization of a parent will "automatically" result in the naturalization of the child without any further application.
I was referring to when an applicant with a family applies for a Green card and is then successful in obtaining one. If he applicant has a family with him/her I have never heard of the family not being included and awarded Green cards too.
In a previous note I believe the OP had asked whether if her husband applied for and received a Green Card whether she and her children would too.
Nov 27th 2010, 4:46 am
#45
Joined: Apr 2002
Posts: 35,082
Re: Husband Green Card, what can the wife get?
OK, so this doesn't degenerate..
I chose not to pick on that point, San D, but it is not 'automatic' in the sense that the family members do 'nothing' and get a green card.
When a petition is approved for the main beneficiary (the L-1) and he is instructed to apply for Permanent Residence (form i-485), his family members may also apply. If everyone is qualified, everyone gets PR status (green cards).
It's not 'automatic' in that some action is required on their part.
The naturalization example is one of an actual, automatic, act.
I chose not to pick on that point, San D, but it is not 'automatic' in the sense that the family members do 'nothing' and get a green card.
When a petition is approved for the main beneficiary (the L-1) and he is instructed to apply for Permanent Residence (form i-485), his family members may also apply. If everyone is qualified, everyone gets PR status (green cards).
It's not 'automatic' in that some action is required on their part.
The naturalization example is one of an actual, automatic, act.
