ml1g

I've worked for a large US HQd multi-national company for the last 2 years and am about to attempt to move to the US. Presumably they'll apply for an L1B for me and I also presume, but haven't enquired yet, that they have a blanket L1. I'm also married to a USC who hasn't lived in the US since childhood. My thought process is that I immigrate on the L1B and then seek a green card via marriage. The sticky point is that my spouse is also seeking to gain UK citizenship and wishes to satisfy the 5 years of residence conditions for that to happen. We're quite used to being apart due to lots of travel and so would probably have a place both in the UK and US and we'd each be visiting the other for some time.

Presumably, she would have to move with me, I would initiate the GC process, and then she could move back to the UK. Can anyone tell me if I've missed some gotchas in this plan?

christmasoompa

Possible issue with your wife getting British citizenship if her spouse is living abroad and she's planning on joining you in the US after she's obtained it? https://www.freemovement.org.uk/natu...le-live-in-uk/

ml1g

It does seem to have an exception possibly:
I'll bear that in mind for the UK side. Might there be similar issues from the US standpoint and my green card application?

christmasoompa

Possibly, but it does also say:

further enquiries may be made and an application may be refused if it transpires that the spouse or partner:

• is resident abroad
• plans to reside abroad, or
• the applicant spends substantial periods with their spouse or partner and children abroad

AFAIK there's no requirement for your spouse to be living with you once you've got your 'green card', but forum pros will confirm. It might be worth asking about the UK side of your plan in the UK spouse visas/citizenship section of the forum.

ml1g

Thanks. I also neglected to point out that my spouse is also an EU citizen and presumably has independent means of gaining citizenship via that route.

retzie

Is there some compelling reason to get a green card ASAP? Your L-1 will be just fine for getting set up in the US. You could just wait until your wife finishes up in the UK, then apply once she moves over to join you.

I don't know anything about the UK side of things, but from what you've said, the US side should be very straightforward, even if you have to wait several years.

ml1g

I guess I was thinking it would remove any reliance on my company sponsored L-1 if I go for the green card, meaning I could consider changing jobs at will.

scrubbedexpat099

If you do it through her then it is a family reunification visa and she will be your sponsor.

Through the Company and she has no involvement.

ml1g

I don't quite understand that. I think I have to get the L-1 visa as we don't live in the US, so can't really re-unify there as it stands. So I thought my only way of getting to the US was to get a visa first, then move there, then apply for the green card. The visa would be via my company, and then the green card would presumably be on me, unless I could persuade them to help me get that too.

scrubbedexpat099

To get a GC through your Employer they will need to sponsor you so they certainly would be involved, if that is the route you choose then best to get it in writing that they will do so with a given period.

ml1g

The plan is for my company to sponsor me for the L-1 visa only. After that I'd go for the marriage-based green card personally. I guess it's unlikely that my company would pay the fees for that. After I get the GC, then should the occasion arise, I'd be free to move to another company without worrying about visa status or having to return to the UK.

scrubbedexpat099

So you will wait for your wife to move before going for the GC, see no issue with that.

ml1g

Do I have to wait for her to move there permanently? Or can she also be living in the UK part-time too?

Although I'm not in any great rush for the GC, looking at the steps involved, am I to understand that my wife still would need to be my I-864 sponsor even though I earn a lot more than she does?

retzie

I think you are only worrying about this because you have the luxury to do so

This is the nature of non-immigrant work visas. At best, people manage to negotiate a guaranteed start to the employment-based green card process, but most of us came here with nothing more than a fixed-term appointment. In either case, you are stuck with the same employer for the first couple of years at least. As the Americans say: it is what it is.

Is there some reason that you would hesitate to commit to a couple of years in the new job? You are already working for the company, so presumably have some idea about the work/company culture. If the transfer is just a brute-force way to make the move to the US and you see absolutely no future with them, I'd suggest you just wait until your wife is ready and make the move together.

P.S. You'll want to ask your questions about the marriage-based green card over in the dedicated forum. That's where the pros live!

ml1g

I expect I'd be staying at the company for the next 5 years or so at least. Moving to the US isn't a great aim of mine, it's just that it would fit better with the job I'm currently doing. I've held H1-B and E-2 visas in the past but not seriously considered living there apart from short periods.

Thanks for all your advice.