matt21

Hi everyone, would appreciate some guidance.

I am a UK citizen and my fiancee is US. It has been difficult during Covid times, she has visited when she can. Our plan is for us to marry in ASAP in US and for her to get a spouse Visa to come and live in the UK. After 5 years she would then have Indefinite Leave to Remain and then we would reassess where we lived.

However, had a spanner in the works. I have just been offered a job in the US. Trying to work out the implications. In short term sounds great, and as I will get a work Visa we can be together sooner. However, forgetting the emotional change (fiancee finally has got around to coming to UK) and the role it presents a few questions: if I took the offer:

What happens when we come back to UK? I assume we would need to begin the whole process and the 5 years would still apply?
Can we apply for the Spouse Visa whilst in US so it begin as soon as we move back?
If I declined the job and she got a Spouse Visa can we move back to US during the 5 year period and pause the Visa or would it reset?

I guess everyones circumstances are different, just wondered if anyone had any experience. Gut feel is that it would help in short term but take longer for my fiancee to be settled. Anything major I am missing?

Thanks!

Nutmegger

Is the job a transfer with a company you already work for? If not, it will in all likelihood necessitate an H-1B visa, and that is closed for this year. So your prospective employer would apply for you in spring 2022 for an October 2022 start. If it is a company transfer, in these Covid times the posts on this forum indicate that it is taking some time to obtain the L visas.

You might find it best to stick to your original plans.

matt21

Thanks for the reply

Its with my existing company.

Owen778

It's a difficult decision that many of us faced, but it's impossible to help without more information. Why did you agree for her to come to the UK instead of you move to the US? With the limited facts you present, I'd move to the US. One of you has to move, and you now have a job offer and she doesn't. Depending on your job and industry, you might even get a relocation package from your employer.

christmasoompa

ILR would lapse after a couple of years out of the UK, only British citizenship would mean she’d be able to come and go without risking her status. Just in case that makes a difference!

matt21

it made sense for her to come to UK due to my stable job with better pay and unique skill set. She should have no problem finding a job in the UK. Additionally I have a decent house with plenty of space, she is in a nice but small apartment in NYC

my company will offer a relocation package.

I do worry about how long it will take for me to get over there and us be together

the current plan is to marry in US in July (travel in via Mexico if necessary) then for her to hopefully be in the UK by late Autumn.

Noorah101

It's really your personal preference, but knowing how hard it can be to get a job in the USA sometimes, and with the bonus of your company paying the relocation cost, personally I would choose having you come to the USA on the L visa and then doing adjustment of status to permanent resident. Live in the USA until you get US citizenship (4 years or so), then look into moving back to the UK with your wife getting a spouse visa.

Rene

SanDiegogirl

If I declined the job and she got a Spouse Visa can we move back to US during the 5 year period and pause the Visa or would it reset?

- If you leave the UK during the Visa period, for any substantial length of time, you risk not getting Further Leave to Remain.
- If you leave the UK say at end of 2.5 year initial visa and do not renew the visa for the next 2.5 years, when you want to return, you'll start the immigration process all over again.
- Frequent or long absences could also jeopardise your ability to get Indefinite leave to Remain at the end of the 5 year period.
- If you leave the UK for more than 2 years when you have obtained Indefinite Leave to Remain, that status will lapse, you will then either have to apply for Returning Resident visa or re-apply for another spouse visa. (Most people go immediately for naturalisation after ILR - that means you can enter and leave the UK at will)

Can we apply for the Spouse Visa whilst in US so it begin as soon as we move back?

Not quite sure what you are asking here. You cannot apply for a UK spouse visa, with the option of entering the UK whenever you are ready.
If you apply for a UK spouse visa, once issued, the applicant has basically, three months to move to the UK

Moving on a work visa is a much better option that going for the US spouse visa, IMHO

sternchen

You can apply for a UK spouse visa while both of you are in the US if:

a) you, the British national, have a job offer in the UK that starts within three months of moving back to the UK and which pays more than the minimum income requirement (currently 18.600£/annum OR

b) you, your spouse or both of you combined/joined have savings of currently at least 62.500£, held in a readily accessible account for at least six months (unless it's proceeds from a real estate sale)

Once the visa is issued, your spouse has a window of 30 days (currently 90 days under pandemic circumstances) to move to the UK and collect their BRP from the designated post office.

This of course is under current rules and nobody can tell you whether in a couple of years minimum income/savings requirements will have changed or maybe rules will be completely different.

Rete

It's a wise thing you and the future Mrs. Matte are doing. Researching the hows of immigrating to each other's country will make your decisions easier and will assist you both in making the correct decision for your life plans.

On the issue of having your future wife live and work in the UK, please visit the appropriate forum here on BE at: https://britishexpats.com/forum/citi...-visas-uk-196/

Any and all questions you have regarding the process to emigrate her to the UK will be answered there.

The marriage-based visa questions will be answered accurately in the US Marriage-Based Visa forum in the US section where you are now.

One thing you must concern yourselves with is that having the ability to live and work in either country at will in the future is a time consuming adventure. The best method is through naturalization. She to British citizenship and you to US citizenship. With that done for both of you there is no need for future visas or income eligibility, etc.

Ukoneday

Be careful before you take US citizenship ... you will be double taxed even when you go from day one on anything over $100k gross salary. There are agreements but there’s a lot of hassle and some double taxation. Also, although possibly premature, if you want kids you need to have them start in the UK schools on time at age 4 if you want to avoid a lot of struggle getting them up to speed later. In my experience anyway. Starting school a year later and the less initially academic curriculum in the early years puts US kids far behind their peers in pre prep schools without additional tutoring.

MidAtlantic

I agree 100%. That is what we did and each of us now has dual US/UK citizenship. The experience of each living and working in the "other" country was well worth it. The liberty now of being able to freely move between the two countries for family or other reasons feels good (but not so much in this COVID restriction era!)..