superslinky

Hello all,

This forum has been so helpful its unbelievable!
I know everyones situation is different but if i could get any advice would be much appreciated.

Im self employed in the UK, Limited company and Director. Company is not making much money at the moment but things are improving.

My girlfriend is in the states and I want to move over to be with her. So my question is this.....

If i was able to prove that my company would still trade in the UK but that i wanted to set up a subsiduary in the US would that potentially grant me a visa? Im assuming it would be a L1. What is the timeline for this if so?

our other option is to apply for a K1 visa which we'd both be happy to do but ideally would be great if we didnt have to rush straight into marriage. From what ive read this takes 6-8 months? do i have to be in the UK when she applies (i.e. if i was in the states visiting her is that ok)

Any help much appreciated

thanks

Noorah101

I don't know about the L-1, but for the K-1 you can be inside the USA when she files the I-129F. You can stay your allotted 90 days on the VWP and then return to the UK.

Even the K-1 is not all that rushed. It takes about 6 - 8 months to get the K-1 in hand, then you have 6 months to use the visa, then you have 90 days in which to get married after you enter on the K-1. So in reality you have about 12 - 18 months until you actually have to tie the knot.

Rene

JCraigFong

With L-1As, there are several critical pieces.
1. The UK company. How big is it? What's cash flow like? On paper, does it LOOK like the kind of company that can sustain (or have need for) a US subsidiary? How will the UK company survive without the transferee? Who will fill his/her job? How many employees will remain in the UK, after the transferee leaves? All the answers here should be favourable.

2. The transferee. What is his/her job in the UK? What will his/her job be in the US?

3. The US subsidiary. How big is it? What is the relationship between the US company and the foreign affiliate? How many employees are there? What role will the transferee play in the US office? How much money has the US office generated? or is projected to generate? Again, all the answers must be favourable.

If the US affiliate is a new office, things get more complicated. Manageable, but complicated.

Let me know if you have further questions.

--J Craig Fong
Los Angeles, CA