Green Card question
 

Not a typical one....

My wife has an L1 visa and I (her husband) and the two children have L2 visas.

We moved to the USA with my wife's work, as part of her corporate location her company is now sponsoring the green card application.

She wants this to go ahead, I don't see the need as my long term plans are to return home to the UK. My wife and I differ on this point, very much.

If we are not in agreement and I stated to the agency involved that I did not want my children to have green cards would this be accepted?

Re: Green Card question
 

Well, if your wife gets a green card, she becomes a US PR and will no longer be on her L1 visa, therefore you and the kids lose L2 status. You won't have any way of staying in the USA if that happens. Is your plan to separate at that point?

Rene

Re: Green Card question
 

Define 'long term plans'.

Why would you not get a free green card? This makes no sense. You can still choose to leave the USA in the future if you get a green card. Having a green card just gives you more options, and convenience. If you stay for more than 5 years you could get US citizenship, and be able to come backwards and forwards between the UK and USA at will.

I do not think this is an immigration question. It is a relationship question.

Re: Green Card question
 

What exactly is it that worries you about having a green card, esp for the kids?

Rene

Re: Green Card question
 

That sounds like a very big point on which to differ.

Are you trying to force your wife to return to the UK or, at least, to allow you to take the children back to the U.K. with you if she decides to stay.

If that is the case then you will have a child custody issue, not just an immigration issue.

In summary, I would advise you to do the following:

• Talk to your wife about this. Really talk to her and explain what you are feeling and contemplating doing.
• Get legal advice.
• Continue with the green card applications to keep all of your options open.

Lack of a green card could limit your future options. Whether or not your children have a green card isn't going to make much difference when it comes to child custody - even if they don't get one now they can still get one later (assuming that they are still minors) - and if you and your wife were to split up it will be a U.S. court that will make the decisions about child custody.

(actually, as Rene said, it does matter, because if your wife does get a green card then you and the children will lose your derivative L2 status)

Re: Green Card question
 

How old are the kids?

Re: Green Card question
 

Writing letters to US government agencies is not generally considered to be a effective way of resolving marital disputes ...

Re: Green Card question
 

To answer your basic question, if the kids get included in the AOS process, they will receive green cards, even if you verbally (or in writing) tell USCIS you are opposed to it. Once the application has been submitted, if they qualify, it will be approved.

So sort this out before any paperwork is filed.

Rene

Re: Green Card question
 

Hi Thanks for the response,

Yes I suppose the issue is a relationship one. I am unsettled and think I want to return to the UK in 2016. The kids are 6 and 9 now.

If the worst case scenario happened, (which I doubt) and the marriage broke down what would happen about the kids if I wanted to return to the UK?

Re: Green Card question
 

It would depend on their status in the USA at that time. Also would depend on what the judge days at the divorce hearing.

Rene

Re: Green Card question
 

Do you have a job? What in particular is making you feel unsettled?

Re: Green Card question
 

I am self employed and all my customers are still UK based. I am homesick, I have family back home and two days after moving here my dad died.

So I have never really settled in. I much prefer many things about the UK too long a list to go into....

Re: Green Card question
 

Sorry to hear about your dad, such things never help.

I can only suggest you have an open a frank talk with your wife see what she says. Though I would lean towards letting the GC application continue for all as it keeps options open.

Re: Green Card question
 

My workplace gave me this information when I first arrived. I found the graph pretty realistic.

For UCSD International Scholars: Cultural Adjustment

Any chance of focusing your business in the US? It is tough to enjoy a new place if you are still focussing much of your time towards the UK.

Good luck.

Re: Green Card question
 

Crikey tough one. But not going for the green card won't help with what you're seeking to prevent by the look of things.

I really hope you can find a solution.

Re: Green Card question
 

I got stuck on No.2 on the phases.

Re: Green Card question
 

Sorry to hear what you're going through and about your dad!

Though I'm another one that thinks get the greencard.

If nothing else, if gives you time to figure things out. If you lose status, you're gone and if the kids are here, it'll be very hard to get them back to the UK.

Re: Green Card question
 

I got stuck on No.5. From my perspective making friends, and connections was critical. And although making friends and connections gets tougher as you get older it is not that difficult.

Another big issue is annoying the natives with negative comparisons with your home country. It is a very normal reaction, but really irritating. I was lucky that a colleague was honest enough to tell me how it was annoying everyone. And after biting my tongue I made new friends, and soon after things stopped bothering me.

Re: Green Card question
 

Good point.
I was recently chatting to someone from another country who has lived here for a while. She didn't criticise Britain at all but when someone asked her about her home country she lit up and looked so happy, and wanted so much to talk about it. I totally related to that having been away, would not have picked up on it otherwise.

Re: Green Card question
 

Ah UCSD. That great center of education and modern day thinking which in 2010 would only permit me to use my breast pump in the "Restroom" ie toilets.

Re: Green Card question
 

Odd. We have a specific room for breast pumping in every building. When did you go?

Re: Green Card question
 

Presumably, 2010...

Re: Green Card question
 

Correct. :rofl:

I was never an enrolled student but used to use the medical library loads.

Re: Green Card question
 

If it all goes up and you end up in a child custody dispute, the legal case would be held in the jurisdiction of the kids' "habitual residence". This is not a clearly defined legal concept, i.e. it doesn't depend entirely on their immigration 'status' or country of passports, but where their 'home' (a nebulous term) is for them. If it is after living several years in the USA, I think most courts would likely find their habitual residence to be in the USA, but it's a complicated legal test to determine (you can google and find tons of information on the Hague Convention on Child Abductions)

http://en.wikipedia.org/wiki/Hague_Convention_on_the_Civil_Aspects_of_International_Child_Abduction
That just means the court hearings would be in US courts, not UK courts. You would have to convince a US judge that raising your kids in the UK, land of binge drinking soccer hooligans, away from their hard-working but ever so sweet mother, is better for the children than leaving them in the good old USA, land of awesomeness. (Exaggerations added to help illustrate the point...)

Whatever you do, do NOT consider "fleeing with the kids" back to the UK. That will be considered child abduction and the police will take custody of the kids and send them back to the USA for a court hearing. You could have immigration problems trying to re-enter (especially if there is a child abduction charge hanging over your head) and would not be able to attend the child custody hearings.

Re: Green Card question
 

I'm going back to the original posting...
It's hard when you move anyway - it's especially hard when a parent dies at the same time. Grieving on your own is the pits and the first year is the worst. Expat marriages have a high divorce rate.
I know the OP was asking a practical question which you've all tried to help him with. My advice would be to just get through the first year, get the green card anyway, go to a good marriage guidance counsellor and try to communicate honestly and openly and fairly with your wife.
Change of job, moving home to a new country, death of a close family relative = 3 of the most stressful events in your life. If you gave up your job to move here then you can add that in too. Just sit tight and ask for help getting through it all. Get out for a beer and a laugh with friends.

if it's any help, on my first move abroad I went through all that and one more (prem baby at death's door in a NICU where nobody spoke english) It took me a long time to get over it and I wanted so badly to go home to my family but in the end I was glad I stuck it out.

Re: Green Card question
 

also bear in mind that if YOU dont go ahead and get a green card, and your wife does, and then later applies for the childrens Gcs anyway - you may not have the right to live in the same country as them if you couldn't get her to agree you taking them to England.

so get a GC (and even better citizenship ) and keep your options only - so you can guarantee you are allowed to live in the same country as your kids.

Re: Green Card question
 

I am in a somewhat similar position - only in my case it is my husband who has the work permit. I take the view that green card increases options for all concerned. There is nothing to prevent us all going back to the UK if we have a green card. But lack of one means we all would have to leave at the end of the work permit period - which may or may not be a time that is convenient to us.

Re: Green Card question
 

I'm not sure I see any reason not to get the green card. Also, should you stay in the US that long, it gives your children the option to become US citizens which they might appreciate later in life.

I'm sorry you're struggling to settle here :-(