sammymax

I'm completely new to this but here goes. (Obviously) I want to move to the US to be with my US partner. I'm female, he's male and we will not be getting married.

We will be trying for a child when I visit next month for six weeks. If I am lucky enough to fall pregnant and have the child (most likely in the US) what is my status?

I work for a UK company and can take my work anywhere in the world. We have paid for office space in New York (which we don't use - it's mainly there as an address for US clients) and about half of our clients are US based. My boss intends to move to the US herself in several years and set up the company there too. What are my options for a work related visa and what sort of things can I suggest to my boss that we can do?

Any advice on where to start looking will be gratefully appreciated.
Sammymax

scrubbedexpat099

You might want to reconsider
During the duration of your I-94, 90 days - Visitor

After the birth - add Bankrupt

Afterwards illegal alien/overstayer/undocumented worker take your pick.

I would suggest that your Boss consults with a US Immigration lawyer, there are several in London.

But for starters, how big is the company, how many employees?.

farmerwife

Pregnancy or childbirth here in the US will not change your status. A child born here will be a US citizen, but that will not help you gain residency right away.
When that child reaches 21, the child would be able to petition for you to immigrate.

Elvira

I hope she has at least $20k for the birth. That would be for a straightforward birth - God only knows what it might cost if there were any complications...

Noorah101

There is no visa for this type of move you are suggesting. You either have to be married, have the intent to be married, or have a work-related visa.

Getting pregnant and having a child in the USA does not change your status. Your status will still be whatever your status current is at the time.

Have your boss talk to an immigration lawyer who can explain all the different ways of setting up a business in the USA. As for you, though, you'll either need to find a US employer to sponsor your work visa (not available until 2008), or wait until your employer sets up the US business and then transfers you to work in the USA (if you qualify).

http://britishexpats.com/forum/showp...07&postcount=2

Your best bet, if you want to remain in the USA with your partner, work, live, and start a life here, is to either start the K-1 fiance visa, or get married and start the spouse visa. That will be quicker than any work-related visa.

Best Wishes,
Rene

sammymax

Thanks all.

So my child would be a US citizen and entitled to stay but I wouldn't be entitled to stay with him?

Our company offers professional services with about £400,000 turnover a year and expanding. Only two full time employees (the boss and me) and approximately 20 freelancers, 5 of whom live in the US.

Second question. If (eg through marriage) I became a US citizen, would I have to give up my UK and Australian passports?

cheers
Sammymax

Noorah101

Not without proper status in the USA, that's correct.

UK no, you don't need to give that up. Australian I'm not sure, but I don't think so.

You don't HAVE to become a US citizen. You can remain a permanent resident if you want to.

Rene

farmerwife

Yes as Boiler said - status could = bankrupt! Would your partner's health insurance cover you and baby?

Also the fact that your employer has office space here doesn't help you work here right now. That isn't the same as having a company set up here.
I'm not sure of your employer's timeline for setting one up, but that could take a while; then add the time to process all your work visa paperwork, (for which you would have to qualify).

Elvira

Far be it from me to criticise others' plans, but they seem to have all this back to front.

I would have thought that VISA - MARRIAGE - TRY FOR CHILD would be the sensible way to go.

Also, I would actually live in the US for a while before having a baby. There are so many stories on these boards of people who have moved abroad, found they didn't like it, but are stuck because their exes won't allow them to take the kids out of the country.

evoal2003

[QUOTE=farmerwife;4656158]Yes as Boiler said - status could = bankrupt! Would your partner's health insurance cover you and baby?

QUOTE]

Normally only if they are married.

sammymax

bankrupt! =:-O

Would it be better to have the child in the UK on the NHS? Would that affect the child's US status (my partner would come here for the birth).

I can convince my boss to set up the US company fairly quickly methinks. Looking at the requirements, I probably fit them pretty easily. I'm just worried about the time it's going to take :-/

Noorah101

If you were to do this, I would make sure you are married before the child is born, and that your husband's name is on the child's birth certificate. That will avoid any question about who the father is in the future, for immigration purposes. Questions can arise when the child's father is not married to the child's mother, everything becomes questionable....why let it get that messy?

But yes, if the chid's father is a USC by birth, the child will be a USC even if born overseas. You'd have to get a certificate of birth abroad for the baby...or register the birth somehow with the US consulate.

Rene

scrubbedexpat099

I was thinking of a L, but the Company is too small.

As Marriage is not a legal impossibility, the obvious solution.

www.visajourney.com - K1 or K3 Visa.

scrubbedexpat099

Which requirement? E2 Visa?

Not the best way to go.

Noorah101

Let's say you have the child in the UK. Then what? You will still need a visa which allows you to come to the USA to live and work.

The child in the scenario makes no difference in what you will need in order to immigrate to the USA.

Rene