dfrbrowne

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?

Noorah101

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

bewildering

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.

Noorah101

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

Rene

md95065

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)

sir_eccles

How old are the kids?

md95065

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

Noorah101

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

dfrbrowne

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?

Noorah101

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

sir_eccles

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

dfrbrowne

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....

sir_eccles

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.

bewildering

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.

Sally Redux

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.