raithrovers1

I'll try not to complicate things too much!!
I am married to a USC (17 years!) but we are living in Scotland just now.
I have lived in the US twice going in on VWP and then changing status in Tampa. On both occassions I left before I got my green card (silly I know but I can't go back in time!).
At the moment I have a B1/B2 visa because I kept getting stopped at POE in the states when I went on holiday due to the system saying that I had overstayed my welcome. I was never refused entry and was advised to get a B1/B2 to overcome this.
My question is this:
I have been offered a job in Texas and was wanting to ask which would be the best immigration to go through. Is it quicker to apply in the UK through London or would I be better to travel to the US and file the petition there. I have never filed through London before so travelling up and down from Aberdeen for interviews etc. and processing times are things I have no idea about.
Any advice would be appreciated.

Noorah101

It is illegal to come to the USA as a visitor with the intent to remain and adjust status to permanent resident, so don't do that. (Don't do what you did twice before...that was the wrong way to immigrate).

Have your USC wife file an I-130 to London. This process is called Direct Consular Filing (DCF), and there is a good Wiki Guide on this site. Have a read through that and then come back with any questions.

Keep in mind London is currently quoting 10 months to get your Immigrant Visa in hand, so hopefully your potential employer can keep the position open for you that long.

Having the employer sponsor you for an employement visa (perhaps H1B, depending on the job) might also an option.

Rene

ian-mstm

The first is quite doable... the second is illegal as you can not enter the US as a visitor with the intent to stay and adjust your status.

The first option, filing DCF via London will take about 10 months start to finish... so I hope your prospective employer understands that. And, since you'll ask, that is the fastest method. Full stop. End of story.

Ian

raithrovers1

WOW. Thanks for the quick responses!
I know the first way wasn't exactly legal but in 1997 in Tampa it only took me about 3 months to get my work permit!
I will check out the WIKI page and get back with any questions regarding the London route.
Thanks again

Noorah101

It still takes about 90 days to get the Employment Authorization Card in hand after filing an Adjustment of Status in the USA. So that hasn't changed. However, you are not supposed to come as a visitor with the intent to remain in the USA. The Adjustment of Status route is for those who are already in the USA via some other means (not a visitor).

Rene

fatbrit

Will the job and employer support a non-immigrant visa (e.g. H1, L1, E2 or O1)? If so, these are probably your quickest routes, and you could adjust to residency via your spouse later down the road.

raithrovers1

Employer is keen to help but has no experience in this field (he is currently asking his business contacts for advice).
I have an HND with 10 years experience. After reading some threads I don't know if this is enough for H1-B.
Any advice would be appreciated.

Noorah101

If the employer has never hired a foreign worker before, they need to have a consultation with an immigration attorney with experience in work related visas, to see if the job offer and your qualifications are a match for some sort of work visa.

Rene

agrahamt

I'm in Houston, if you have any questions about it feel free to ask.

scrubbedexpat099

It would be quicker with a H, you could start 1st Oct.

But the person to comment is the Companies Lawyer.

grumpy39

Hey RaithRover

I'm a Kirkcaldy guy living in Houston Tx, give me a shout if you need any info on the area.

raithrovers1

Thanks for that Grumpy!
I have PM'd you.