AntMcG

Hi everyone - thanks in advance for any help you can give (I've looked through the forums but can't find a similar situation):

My wife is an American Citizen. We married 15 years ago in England and have been living here ever since. My wife has maintained a bank account in NY (where she grew up and where her Mom still lives).

I am a British Citizen.

Together, we run a home based UK Ltd company (just the two of us) with me coaching our clients mainly over the phone.

We are planning to move to California and I'm applying for I-130.

As far as U.S. regulations go, how easy will it be for make this move and simply replicate what we do, now - i.e. offer Coaching services to companies over there?

If you have personal experience/knowledge of doing something similar, I'd be very grateful for your comments. Thank you!

Noorah101

Hi Ant,

Do a search on this forum for "DCF". Direct Consular Filing. You aren't "applying for I-130". You will eventually be applying for an Immigrant Visa. You will receive an IR-1 class of Immigrant Visa because you've been married more than 2 years. Filing the I-130 is the first step, which your wife does.

There is also a Wiki Guide here for DCF in London...have a read through that and come back with any questions.

The visa process itself is very fast (5 months) and pretty easy. The move is easy. Of course there is no guarantee how easy it will be to do the work you have in mind, or to find any work at all right away, with the economy the way it is.

As a USC, you wife should be filing a US tax return each year. If she has not been doing so, she will need to file at least the most current 3 years (2010, 2009, and 2008).

Go to www.uscis.gov, Forms, I-864 and read up on the Affidavit of Support. If you don't have any income that will continue from the same source in the USA, and dont' have enough in assets, you can use a joint sponsor.

The other issue that needs to be addressed is "intent to domicile". Your wife must demonstrate that she intends to domicile in the USA (her task might be more difficult than others since she's been away from the USA for so long). Do a search and read the Wiki regarding this issue, and come back with any questions.

Rene

AntMcG

Thank you Noorah - what a great site for help and assistance this is!

I've found the Wiki and will check through it.

Yes, GETTING the business to work may be a challenge. However, me BEING ALLOWED to work for ourselves is the key thing. Are you saying that won't be a problem? Particularly if we put the Business in my wife's name (as US Citizen)?

Regarding the time to get the VISA, having found a thread here, it sounds like I can still move over (if things work out before then re selling house etc) before I get the Immigrant Visa, because the application will be 'in process'. Is that YOUR understanding?

I'm SO pleased to have found BritishExpats.com. It will help in what are bound to be occasionally fraught times in the next few months!
Thanks again.

Rete

Working for yourself or for someone else will definitely NOT be an issue.

When you have adjudicated your Immediate Relative Visa at the US Consulate, your passport will be returned to you with a shiny new visa in it. You will activate the visa when you enter the US with your wife to start your new life in the US.

Once activated you are a Legal Permanent Resident and can work from day one. Just that simple. All you need is a social security card which you can apply for when you apply at the Consulate for IR Visa.

NO, you cannot move here to live prior to the approval of the visa.

AntMcG

What a brilliantly simple and informative reply. Thank you!

You guys rock! (see even learning the new lingo!)

meauxna

When you move to the US with your Immigrant Visa, you will become a Permanent Resident. You will have almost all the same rights/responsibilities as a US citizen (major exception = voting, you can't) but with regards to work, you are authorized to work wherever you like and can be hired, or to be self employed.

This booklet will be a good read for both of you: Welcome to the United States: A Guide for New Immigrants Because of the length of time your wife has been abroad, she may end up surprised at how different some things are.

Actually, all of the links at the bottom of this article will be useful to you:
http://britishexpats.com/wiki/Immigrant_Visa_Arrival regarding what your new status in the US will be.

What sort of coaching do you do? If it is not athletic coaching, I have some knowledge. There is no specific reason to set the business up in only your wife's name, and I've observed that being self employed in the UK may have a different definition than it does here. I'd encourage you to do a lot of homework about setting up a new small business in California specifically (laws are different from state to state).

AntMcG

Thanks again for your interest Meauxna. I'll read all the books and links that you and others recommend!

We run a Business Coaching and Training company, primarily for entrepreneurs and SMEs. Many of our clients have won awards through our work with them and my passion is for helping people change their lives. We're very proud of having helped many people do just that.

I'm 55 and my next stage of life is only just starting. It's scary and exciting at the same time to be moving to Ca. Just for your info, I've also just published a book called 'Creating A REMARKABLE YOU!' which is the A-Z of personal development, for anyone wanting to improve their lives.

Our expectation is that Americans (in Life and Business) are generally far more receptive than the British market in wanting to fulfil their potential. Any thoughts on this?

md95065

It is a broad generalization, of course, but, yes, the desire to "improve one's self" in all kinds of ways at all stages and in all aspects of one's life is something that is a big part of US culture and having someone coach you through parts of that process is not considered to be at all unusual (and this is probably even more true of California than almost anywhere else I can think of).

Since we are still either in, or just getting out of, a recession (depending on who you ask) it isn't necessarily going to be easy finding work, but having a verifiable track record with past clients, having written a book and (perhaps unfortunately) having a British accent will all help a lot.

Good luck with it!

AntMcG

Thanks MD...very helpful comments.

We seriously considered living near Santa Cruz (Scotts Valley) as we were interested in taking on a Whale Watching company in Monterey Bay.

It was a close call but we opted for the (we hope) better weather further south in Santa Barbara, together with having a ready made group of friends courtesy of a childhood friend.

Re the British accent, I can put on a really good one (and the deal when Julie and I married was that she would keep her American accent over in the UK. So it's only fair that I do the same over in Ca).

Thanks again for your help.

meauxna

Yes, my thoughts are, "That's why I didn't take the offer in the UK". I don't think my ways, successful in the US, would have worked the same in the UK.