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Help - ultra confused!

Help - ultra confused!

Old Oct 26th 2007, 4:37 pm
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Post Help - ultra confused!

Hi all.

******SORRY FOR THE LONG POST, HOWEVER THANKS FOR TAKING THE TIME TO READ IT********


I'm new to this board and would like to thank all of you who've posted excellent content with experiences, facts and references to help me with my research for my move to North America.

Why am I ultra confused? Well I've been working on a strategy to move to the US for years which I review every now and again in light of any changes to the Visas. However after looking at two new options yesterday with the help of this forum and Google, now I'm even more confused. Can anyone help me with a strategy please?

I'm a self-employed consultant with 10 years experience in Marketing & Advertising. I'm looking at expanding my business from a small online venture based in the UK to a shop front and warehouse based in the US. I'm structuring the business this way so that the UK business doesn't keep me here physically for the majority of the year. Staff will most likely not be on my payroll but will be contracted by or joint ventures with my company both in the UK and US.

I'm looking for a strategy which will lead to a GC (length of processing time isn't a big deal right now), but in the meantime I'd like the option of spending several months each year living there (or extended holiday if that vernacular is preferred) without raising suspicion or flouting the visa rules. (I normally enter the US on VWP and I will not be working or earning US sourced income whilst in the US). I just don't enjoy spending 12/12 months a year in Blighty and need to make a change from next year.

Do you have any suggestions or questions to help determine a strategy? I'm pretty flexible and can leave the UK after April 2008 at the earliest.

For more information to help, please see below.

Status: single, no children
Age: 30something
Citizenship: British
Parental origins: Caribbean and Africa
Working Experience: 13 years, 10 of it in Advertising & Marketing
Qualification: Hons degree in Chemical Engineering, no experience in Engineering
Assets: not much, right now
Liquid assets: even less, right now
Business interests & activities: consumer goods, property
Visa Options considered:
Family visa: not eligible
Job visa EB1 etc: willing to reconsider if there's no other choice (haven't had a job in 5 years. Getting references might be tricky)
H-1 - Marketing & Advertising isn't a specialty occupation and I don't think my international experience qualifies me
L1 visa - business not big enough at present, but can grow it.
E2 - non-immigrant visa can't be converted to GC
E5 - investment not available, at present, but can find it.
DV - found out here that I would have to prove that my father was non-resident in UK at the time of my birth - drats!!!
F1, J1 and the other student visa - I'll be 40 something by the time I've finished...hmmm there must be another way
K1 - if anyone is offering and willing to marry me!!!
Canada
would consider and try entry under NAFTA or something else and then try entry to the US later (would just be happy to leave the UK!)
Skilled worker programme - 4 years processing time :curse:
Business/investment/self-employed visa - 5 years processing time :curse::curse::curse:
Family - my uncle has just moved there and isn't working right now so can't sponsor me
Temporary work permit - yep it's an option, but it's the Job thing again...

As you can see I've done my homework however, I really respect the knowledge and experience that some of you have and wonder if anyone can help me. I'm not expecting legal advice (which would be a bonus of course) however some guidance would be a great help.

If you need more info, please let me know.

sarflondongirl
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Old Oct 26th 2007, 4:47 pm
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Default Re: Help - ultra confused!

stacks of cash is always a good thing.....but looking at setting up a business here to transfer yourself on the L1 would depend on the size of the business, and searching this site, especially the visa section would be a good start on telling you the size of the business, around 10 people employed that sort of thing.

You could try applying for a B1/2 visa, for 6 month holidays in the US, but not being retired and not really having strong ties to the UK would be a hardsell, and then you'd have a visa denial on your records. You couldn't work here either, doesn't matter if the money isn't US sourced and paid, it's the doing the work thing that matters.
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Old Oct 26th 2007, 4:49 pm
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Default Re: Help - ultra confused!

Originally Posted by sarflondongirl View Post
Canada
would consider and try entry under NAFTA or something else and then try entry to the US later (would just be happy to leave the UK!)
The NAFTA thing would only work once you've got Canadian citizenship.
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Old Oct 26th 2007, 7:13 pm
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Default Re: Help - ultra confused!

From your description pretty much no chance at this time ...
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Old Oct 26th 2007, 7:37 pm
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Default Re: Help - ultra confused!

Why is the DV dependent on whether or not the OP's father was in the UK?

Anyway....

This is a long shot, perhaps, but if you MARRIED someone eligible for the DV then you could apply together. That's assuming you don't find an American you like. I don't believe there's such a thing as a "soulmate" -- one or two people in the whole world for whom you were "destined." So long as you don't marry someone for the *sole* purpose of gaining entry to the US, then it's okay. Think of it as a preference.
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Old Oct 26th 2007, 8:53 pm
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Default Re: Help - ultra confused!

In your description of assets, it doesn't appear you have much so how will you support/finance yourself if you do spend several months a year in the US?
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Old Oct 27th 2007, 12:01 am
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Default Re: Help - ultra confused!

I'm no expert on this topic - but if I were you I'd try to get a job with a large international employer in your industry. My last employer was French for instance, and it was possible to go to an international assignment after establishing oneself for a year or so. (So essentially - an overseas transfer from your employer.)

Being self-employed without many assets seems like it would be much harder.
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Old Oct 27th 2007, 4:52 am
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Default Re: Help - ultra confused!

Originally Posted by Bob View Post
stacks of cash is always a good thing.....but looking at setting up a business here to transfer yourself on the L1 would depend on the size of the business, and searching this site, especially the visa section would be a good start on telling you the size of the business, around 10 people employed that sort of thing.

You could try applying for a B1/2 visa, for 6 month holidays in the US, but not being retired and not really having strong ties to the UK would be a hardsell, and then you'd have a visa denial on your records. You couldn't work here either, doesn't matter if the money isn't US sourced and paid, it's the doing the work thing that matters.
Thanks for your reply Bob.
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Old Oct 27th 2007, 4:54 am
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Default Re: Help - ultra confused!

Originally Posted by Bob View Post
The NAFTA thing would only work once you've got Canadian citizenship.
Ah I didn't realise - one of the things that I read really quickly. Well then I'll scratch that off my option list. Thanks
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Old Oct 27th 2007, 5:02 am
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Default Re: Help - ultra confused!

Originally Posted by snowbunny View Post
Why is the DV dependent on whether or not the OP's father was in the UK?

Anyway....

This is a long shot, perhaps, but if you MARRIED someone eligible for the DV then you could apply together. That's assuming you don't find an American you like. I don't believe there's such a thing as a "soulmate" -- one or two people in the whole world for whom you were "destined." So long as you don't marry someone for the *sole* purpose of gaining entry to the US, then it's okay. Think of it as a preference.
Hey Snowbunny,

I read something about what the USCIS determined what "parent of origin" means on this board. My heart sunk - even though my chance is one in 6.6+million. Ah well, I suppose it's better than the national lottery!

Here's the excerpt from the official DV Lottery site:

Finally, if you were born in a country not eligible to participate in this year’s DV program, you can be “charged”
to the country of birth of either of your parents as long as neither parent was a resident of the ineligible country
at the time of the your birth. In general, people are not considered residents of a country in which they were not
born or legally naturalized if they are only visiting the country, studying in the country temporarily, or stationed in
the country for business or professional reasons on behalf of a company or government.


I have understood it correctly haven't I?

On the love side, I'll just take my chances eh?

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Old Oct 27th 2007, 5:05 am
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Default Re: Help - ultra confused!

Originally Posted by Celsius View Post
In your description of assets, it doesn't appear you have much so how will you support/finance yourself if you do spend several months a year in the US?
My liquid assets are incresasing well due to my plans, so I've got that covered. It's not my concern right now as I wouldn't enter the US for a long period unable to cover my expenses myself.

Thanks for your query.
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Old Oct 27th 2007, 5:12 am
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Default Re: Help - ultra confused!

Originally Posted by KJ2007 View Post
I'm no expert on this topic - but if I were you I'd try to get a job with a large international employer in your industry. My last employer was French for instance, and it was possible to go to an international assignment after establishing oneself for a year or so. (So essentially - an overseas transfer from your employer.)

Being self-employed without many assets seems like it would be much harder.
Thanks for your offer KJ2007.

Funny that, I tried that 5 times this year with the company I was contracting for (applied for both UK & US jobs). At interview stage, the company kept introducing job freezes. it's a global .com with a global headache still after 18months.

I have put in job apps for the US but not in the UK. I'll make some trips next year and network to increase my chances. I will persevere obviously with other companies, both sides of the pond! Thanks.
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Old Oct 27th 2007, 5:24 am
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Default Re: Help - ultra confused!

Originally Posted by Ray View Post
From your description pretty much no chance at this time ...
Thanks Ray,

I know it seems that way, so I'm trying to create ways to change my situation. I'm not very good at being told I can't do something as my resourcefulness kicks in. So right now I'm working towards L1 and EB-5 - as they are most likely my only options unless I get a job in the US or a UK job with a US transfer. However as you can tell, I'm very keen to keep my self-employed status for the freedom to do what I want to do as I do here in the UK ie work 6-9/12 and 3-6/12 months off.

However, I'm realising more and more that it's more likely that I'm going to have to make ultimate sacrifices to achieve this and it's going to be a much longer term plan than just the visa processing time ~ approx 3-5 years before I can do what I really want to do in the US - run my own businesses and live a more positive and spirited life than here in the very negative UK.

Thanks anyway.
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Old Oct 27th 2007, 10:34 am
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Default Re: Help - ultra confused!

Longer I think, Ray is right.

L1 would first require a UK job, or non US job, that will transfer you and then a year wait.

Then they would need to be agreeable to sonsor you for GC. Now with a GC you are free of course to change jobs, so many are not too keen to get that going and not usually quickly, and if you read posts here that can take many years anyway.

EB5 well that depends, but you are loking at $500k minimum plus you will not be able to use it as part of your set up costs, so really you ae looking at a lot lot more.

Marriage is the best bet. And quickest.

Just because you can afford to self support does not mean you will get a B, I could with a bit moe than you, but did not get one.
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Old Oct 27th 2007, 2:15 pm
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Default Re: Help - ultra confused!

Originally Posted by sarflondongirl View Post
...before I can do what I really want to do in the US - run my own businesses and live a more positive and spirited life than here in the very negative UK.

.
What makes you think moving to the US would make that any different though?
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