mrcarrot

Hello,

I posted last year about transferring to San Francisco with my company and got some good advice from the board. After 6 months of living with the missus and finishing off my work in the UK, the move is finally going ahead. To this end, I have made a schedule up to get me and the missus to be both working full time by early 2009.

If you have a minute and you could offer some advice / suggestions or sanity regarding this cunning plan, I'd be highly appreciative of the input

Currently I live with the missus but we are not married. We rent a house and both work in the same city.

-

March 30th - I move to the US. Initially in a hotel but after a few weeks, move into a furnished flat in San Francisco. The missus will join me for a weeks holiday and help with the flat hunt.

April -> Aug - the missus and I will take it turns to visit each other every month.

Sept - the missus is going to give up her job and come to the US on a tourist visa for a while. We are going to keep our rental in the UK for a while and see if she likes living in the US (I expect most of this will be her skiiing or lazing on the beach... ). After 3 weeks or so, if she likes it enough to move over full time, we are going to get married on the sly (not telling our parents for the time being) and my firm will start processing her L2 visa.

Oct - the missus is going to return to the UK and close our rental property down by shipping over our personal effect and putting the furniture that we want to keep into storage (read: parents house). As soon as the L2 comes through, she is going to apply for an EAD.

2009 - the missus will have joined me in the US and as soon as her EAD arrives, she will find a job. We might decide to move out of san fran at this point into the bay if its going to be easier for her to get a job.

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I have a few questions which I can't find firm answers to elsewhere on the board.

* Does this sound like a good plan?!
* Is it ok for us to get married in the US and then use the marriage certificate to obtain her L2? Would it be better to do this in the UK?
* Does she need to be out of the US when applying for her L2? I assume being on a tourist visa and trying to move to an L2 would cause confusion...
* Whilst she is waiting for her EAD, does the missus need to be in the US 100%? I see there is a fingerprint stage to this - is this a flexable appointment and if not, how much notice do you get?
* Is there any chance that her EAD might get turned down? She has a BSc / masters and is 29.

Finally, does anyone know of a good accountant in CA who can deal with the US / UK tax situation and for me and her and also provide some proactive advice on how to minimise my exposure to 'the man'.

Many thanks for your help,

mr carrot.

Sally Redux

If she doesn't like it there does it then mean you won't get married?

It all sounds rather overly complicated to me.

dbj1000

Wow! Sounds like hell to me. As Sally said, it's so complicated.

My plan for you?
But you must have your reasons for it being so very complicated. Sounds like your partner isn't convinced she wants to get married or move to the US, and your parents don't want you to get married (or something). It would still be a damned sight easier if you just got married before you move to the US, and get her L2 with your L1.

Noorah101

The others who have suggested getting married first, sound like a better plan, yours sounds more costly and complicated...but nothing that won't work out in the long run.

It's OK to get married in the USA.

Yes, a visa needs to be obtained outside the USA. You can't obtain a visa to the USA from within the USA.

She can't apply for the EAD until she is inside the USA on her L2. After applying for the EAD, she doesn't have to stay in the USA, but as you said there is the fingerprint appointment. It's better not to reschedule it. Personally, I think she should plan on staying in the USA until after the fingerprint appointment.

I'd say the chance of being denied the EAD are pretty non-existent. They don't base the EAD on her education or skills...they base it on whether she qualifies by having the correct visa and status in the USA, which she does on the L2.

Best Wishes,
Rene

mrcarrot

Thanks for all the replies.

We've started the process now and are doing it 'the long way' due to various complications of weddings, contract obligations and other painful blockers.

Looking forward to the sun ;0)

Cheers,

c

Folinskyinla

Hi:

A tad complicated IMHO as other have said. The only thing I might add is that there is the possiblity that she can get a B-2 visa concurrent with your L-1 so she can visit you and stay long term. This is possible for long time unmarried couples.

This would be on the up and up and is actually quite common. [Marriage has traditionally been a province of STATE and not Federal Law. However, somehow, a piece of extremely radical legislation restricting "States'Rights" in this area got through a Republican Congress & White House. Although the legislation was restrictive on allowing marriage, someone with a sense of humor attached the title of the "Defense of Marriage Act." But I digress.]

Please note that I although I am a lawyer, I am not YOUR lawyer. This post is not to be construed as legal advice which fits your case. "Your mileage may vary."

mrcarrot

Thanks Folinskyinla.

The missus needs to be in the UK until sept as it happens and due to the fact that the relocation with the company has taken *an age* to get sorted, we will only be apart for 2 months in the end which is no time at all.

mr C

chicagojlo

I don't think your plan sounds that complicated - the only problem is going to be if she doesn't like living here - what will you do then?

Seems like your questions all got answers, except I wanted to add Re: fingerprints - if you apply for the EAD by snail mail rather than doing it online it appears fingerprints are not taken, you also get it a lot faster by all accounts.

mrcarrot

Well, I've made it to the US. The missus is booked to visit in Sept and we are intending on getting married up in Tahoe over a weekend.

All in all, everything went really smoothly. I've found a apartment in San Francisco SOMA district and am now on the hunt for a motor ;0)

mr C

E3only

Complicated or not....

You made it for which - congratulations. Hope all goes well.

These are many who want to get to the US but can not. Make
the most of the opportunity.

Cheers

Caroline0383

Hi MrCarrot,

How is it going? How did the mariage go in Tahoe? By the way...really place to get married!

Did your wife obtain her L2?

I am planning on doing a very similar plan as my partner is moving to Miami at the end of the month and we'll get married in France in January before I apply for the L2.

Let me know if you have any advice to give.... It would be so useful!!!

Hope you are enjoying San Fran... I lived in San Jose for about a year and fell in love with this city!

Caroline

John Katrina

everyone has said what i would say. i am a florist hence im speaking about the wedding stuff.

please do tell your family about the wedding, if you get married and then tell them, your mothers (assuming you get on with them ok) will never forgive you. despite what they say and how you explain it to them. they bring you into this world they put up with all sorts and marriage then babies (hopefully) are their payback. a secret will come out eventually and they will feel shortchanged and very disappointed.

explain you are getting hitched and where - im jealous - invite them but just say its all organised so be here on this date and this time the hotel is booked. or have a fake do in the uk with all the speeches, perhaps combine it with a goodbye do, blessing, regisitry office do.

please for your mother's sake. we were going to goa to get married and so many people were upset we ended up having it here in 8" of snow, just to really take the micky!

kat

Caroline0383

Hi there Kat,

Thanks for your quick reply...

I am not hiding anything to my family. My parents are already aware of us getting married and they are all very happy as we would have ended up married soon or later! It will remain a small and intimate ceremony now as we do not have the money to throw a huge party yet.

I am just worried about getting married after he's already moved to the states and wonder whether it is a problem or not?

Ta,

Caroline

John Katrina

can you send me a private email please, want to discuss it further but not in this format.

regards

katrina or kat

meauxna

Generally speaking, it's best to not discuss immigration matters in PM or email. The group format allows incorrect information to be corrected (just like here)

A general message from meauxna
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