NatashaB

He would either need to have a large sum of money to invest (think half a million dollars for an E visa) or have a skillset that they cannot find an American worker to fill (H1B). L1 visas are also a possibility if it's a company he already works for. You would also need to be married to him, if any of those three options were possible, in order for him to bring you and your sons along. To be honest, many companies will offer jobs to non-US residents, but tend to have no idea of what's actually involved in getting them there, and don't realize they can't just tell the applicant 'we'll offer you a job but you need to arrange the visa'. I would ask to have a discussion with the legal/HR department of the company he's thinking of working for and see if they understand what's involved in transferring him over, before you start planning your new life.You also need to consider your childrens ages and that they may 'age out' - ie reach 18 before getting a green card - depending on what visa option you use. This is a real possibility on an H1B where the wait for a green card is long. They would then have to return to the UK unless they were capable of getting a visa under their own steam (unlikely for a teenager).

Trow1982

Thank you that was really helpful.
It is possible for us to go for 3 months 28 days & come back to the UK for a week then travel back again for 3 months & so on?

NatashaB

You might get away with it a couple of times, but you would not be allowed to work in the US while doing that, and if immigration realized you had a house that you owned/were renting there, they would quickly realize that you weren't tourists and were attempting to live in the US. You would have difficulty enrolling children in school without a valid visa and would not be able to get healthcare coverage (other than travel insurance which would be invalidated if they found out you were trying to live in the US without the proper visa authorization). If you get caught out you would not be able to use the ESTA any more and would have difficulty applying for any other kind of visa from then on. For people who travel to the US frequently using the ESTA, the general advice is to spend more time out of the US than inside it.

Trow1982

Ok thank you

sir_eccles

What?

If you mean travel back and forth on the vwp, that allows 90 days at a time and won't work in the long run.

S Folinsky

BTW, assuming it is possible for OP to immigrate, it should be pointed out that if children become US citizens, they will be able to immigrate dad after they turn 21. This is a fact to be put into the dialogue.

I had a case a few years back where mother's adjustment was quite problematical but her teen-age child's adjustment went through like a hot knife through butter. Ex-husband father got his green card two years before his ex-wife did. Strange things can happen.

Trow1982

So it would be possible if he aggress for us to go over I could get him over there too?
Do you know 'How long after we're there could we apply for him to come too'?
As this would be good for us all

Jerseygirl

The VWP allows a stay of no more than 90 days. You do realize that neither of you would be able to work during is time don't you?

Pulaski

That even assumes that the father is allowed into the US. Apparently a quarter of the UK population has some sort of criminal record, making a visa application necessary, which will require a visit to the US consulate in London with no guarantee of success, and may require renewing after only 12 months. There are also reasons other than having a criminal record, why others require a visa to travel to the US, or are just plain ineligible to travel to the US.

Even if the father is VWP eligible he could be turned away at the POE for being an overstay risk if thr CBP officer discovers he is visiting his children and ex-wife.
No, absolutely not. .... He would have to qualify for a visa in his own right. Eventually as detailed elsewhere on this thread, his children might be eligible to sponsor him when they reach the age of 21.

NatashaB

When your eldest child turns 21 they can sponsor him, assuming that they live in the US, have naturalized, and meet the minimum income requirements for sponsorship, and that he is not ineligible to immigrate for any reason (criminal record or previous visa overstay, for example).

Trow1982

Very true, I did have an injunction on him last year I don't know if this makes him have a criminal record? But he doesn't have any other than that..
It's a lot to discuss & think about thank u

Nutmegger

First your partner obtains a visa to work for the company, and the employer then petitions for him to receive permanent residence -- and you will only benefit from any of this if you are married to him. After permanent residence is obtained, you can apply for naturalization in five years time and include your children.

sir_eccles

Probably none of my business but in terms of "things to think about" I'm not sure why after being in a domestic violence situation with this person, you would want to do anything for him.

As has been stated a number of times, one of the first things to think about would be marriage to your current partner. You won't be getting a visa otherwise and will go a long way to demonstrating a stable family life to the courts.

Trow1982

I know your very right this is the thing I'm one of them people that worries about hurting others but I need to be stronger in my decitions in life now cause we all deserve better but some people don't see this like I'm doing it out of spite. It's far from it I just want my family happy now..

I am engaged to my partner & we are trying for a baby so I think it's wise for us to bring the wedding forward to help us..

Thank you for your message

scrubbedexpat099

Have you talked to a Solicitor to see of you are likely to get Court approval?