BMP

After being a reader and observer of this forum for sometime I have decided to join the crowd. Firstly I just wanted to say how impressed I am with the contributors and the moderators for providing such good advice and support - the range of knowledge on here is incredible.

I wanted to ask a couple of questions, which I couldn't see answered on here, but apologies in advance if they have been previously.

For a bit of background I went out to the US in early 2008 on an L1-B, met my beautiful lady and married this summer. I have returned to the UK and she is currently filing for a British Settlement Visa (great to compare and contrast processes - so quick!) and should be joining me in the UK shortly. We have decided to give the UK ago for a year or two but have agreed to be open and flexible on this front.

Anyway my two questions, the first one should be easy the second one I am not so sure on!

1. If I want to visit the states to see her or with her to visit her family before Feb 2011 do i have to enter on my L1B? my employer has kept it open just in case BUT I have just replaced my passport, so its in the old passport which I have. I registered for ESTA and figured I could just travel on VWP given I would only visit for a week or so. Should I declare I have an L1-B? Would I need to enter on that?

2. Should we decide that we want to return to the US, this would likely by in 1 or 2 years and therefore we would go down the DCF route with the embassy in London. I understand this will take some time and documentation etc.. but once its approved whats the situation with the length of validity before I have to enter the states? What ideally I'd like to do is keep the UK as a base with my employment and then keep all my holiday for potential work / job hunting trips. I have some specialist skills and am confident I can get a job, what I am not confident over is when those jobs will appear. For example if I get the conditional/permanent residence visa and enter would I be expected to remain?

I could envisage a scenario where it might take me 4-5 months to find the right role - can I stay living in the UK? How long would it be before they would consider that I have abandoned my status and have to go through the whole thing again?

Starting to waffle, but I hope you get the idea.

Many thanks in advance for any guidance, hints and I'll even take a joke or two!

BMP

p.s. this is the first forum i have been on with spell check - genius!!!

meauxna

Hi BMP, welcome aboard!

Note: The spell check is American. <g> Works for me.

Congrats on the marriage, and here's your Qs:

1-Your L-1 visa is not valid any more if you are not in that employment. I think. Anyway, using the VWP is appropriate for visiting. If you're ever asked, your USC spouse lives in the UK with you; evidence of that is the stamp in her pp.

2- "DCF" is just the local petitioning and application for an Immigrant Visa. Please read the link from my siggy for an outline of what that entails, and results in.
The visa petition + application takes 4-6 months through London.
When the visa is issued, it is valid for 6 months; you must enter the US within that time.
Once you enter with the IV, you become a "Permanent Resident". As the name implies, you're meant to be living in the US permanently from that time. However, you are free to go, and some people need to return to the home country to tie up loose ends etc. There are no hard/fast rules, but you should try to limit your absences to 6 months or less to stay on the safe side, and you should do the things that make you a 'resident', like filing your US income tax returns.

Your wife/sponsor is also required to be domiciled in the US to get your visa approved. So, there is not really a way to get the visa, but hang onto it until time is perfect for you. I'll leave you to figure out exactly how to make that work. But am happy to answer any questions about the process part of it that I can.

PS: remind Missus that she must report her worldwide income to the IRS, so she's got to file a tax return every year. You'll be wanting them for your visa application eventually.

ian-mstm

I'm not sure what you mean by "my employer has kept it open just in case"... but if you are no longer working for your L-1B employer, your visa is invalid and cannot be used for travel purposes. You should use the VWP. No need to declare your prior L-1B visa unless specifically asked.


About 4-5 months or so.


Six months.


Once you enter the US with an immigrant visa, to maintain status as a US permanent resident, you must reside permanently in the US. Trips abroad up to 6 months won't likely cause you any problems... but longer than that, and you're going to want a re-entry permit.

Ian

BMP

Thanks for all the great replies - exactly what I wanted to know regarding the Permenant Residence and job hunting!

Just for clarity around the L1B, I am still employed by the same company in the UK as the US. When they filed the visa they stated on the application that they wanted to keep it open for the full 3 years in case I was needed back to support with some project work.

Whilst in the US, I got paid in £s on the UK HR system to a UK bank account. so nothing has changed to my employment apart from the building I walk into!! oh the quality of the coffee has gone down, the quality of the tea has gone up!

Anyway I'll go with the visa waiver and keep the old passport in hand luggage just in case

Thanks again for all the advice.
B

ian-mstm

... and the country in which you work! I stopped drinking tea more years ago than I care to remember... sad about the coffee though!

Ian

BMP

Simple rule:

Coffee in the morning.
Tea in the afternoon.

The organisation around the production of filter coffee in the American office was one thing that always astounded me

Their weird selection of herbal teas did not! Fortunately I found PG Tips in Meijer.

BMP

Ian - only justed noticed you are in Kentucky!!

I lived in Louisville! Where are you in the bluegrass?
(hope that doesn't violate posting rules...)

ian-mstm

I'll be there this coming weekend to visit my granddaughter (<sigh> okay... and her parents!).


I'm in Ashland - at the other end of I-64.

Ian