MY partner has a possibility of a job in the US. Without committing ourselves one way or another we are trying to research this fully before reaching a decision.

As far as I can work out, we'd be eligible to come in with our children on an L1a and L2 visa. However neither of us have a degree - does this matter when applying for a visa? Also I've suffered from depression and back problems in the past - is this is problem?

If our kids came in on an L2 visa, would they be able to work when they reached working age? (they're 15 and 14 so not too far off).

We will also have a UK bank loan that we can't pay off in the short term - will our UK debt/credit score be a problem?

I'm sure I'll think of more questions!

thanks

P

A degree is not required for an L visa.


Probably not.


No.


No.

Ian

Thanks, that's helpful.

So if our kids can't work on an L2 visa, and we decided to stay, how would they start work?

What happens about university in the US? Would we be able to pay for them to go through the university system - how similar is it to the UK uni system?

thanks

They can't... not unless they have some other visa status in the US that allows them to work, or if the employer sponsors the family for green cards.

Note that because they can't work, they're likely not eligible to get social security numbers (SS#). If they want to get a driver's license when they get a bit older, they'll need an Individual Tax Identification Number (ITIN)... well, unless they have employment permission by them.


Yes, they can go to university. If they go to a university in the same state and have resided in-state for a year, they can usually get the lower in-state tuition rates (as opposed to the higher out-of-state tuition rates or the even higher international tuition rates). Most bachelor degrees in the US are 4 years as opposed to 3 in the UK... and there's no equivalent here of a "gap year". Oh... they'll likely need to take the ACT or SAT.

Ian

they can never work and have to leave the US at 21

Just checking, but when you say 'partner', do you mean husband or wife?

Our son (18 when we arrived) had to wait until we got our green cards before he could accept paid work. In the meantime he did a lot of volunteering but it nearly drove him mad!

Husband.

OK, so how do we get green cards? As I understand it, they're really hard to get. We have no US relatives, the only thing that would take us there would be my husband's job.

Your replies are much appreciated

To get a green card from an L visa you'll need to get your husband's employer to agree to sponsor you.
Suggest you get this in writing with a timeline in his contract before you come over.

That's how we did it from an L1A. The best thing about this is there's no quota limit on the GCs issued.

The employer would have to file an I-140 for your husband and as the spouse you would get LPR status after AOS (I-485). The real question you need to figure out the answer to is what category your husband would fall into as the comment about a lack of a degree makes me wonder. I have a relative who got EB-2 from L-1B and had no degree but it was clear to me he was bloody lucky to get it as his lawyer had to lay it on a bit thick with USCIS.

If your husband qualifies for EB-2 then you have no problem, however the wait for EB-3 Skilled Worker could be a problem if the application is not done in a timely fashion due to the quota.

Even volunteering isn't permitted if it would ordinarily be paid work. There was a bit of a scandal when CBP denied entry to some Canadians going to help after Hurricane Katrina because CBP said their work would ordinarily be paid, so they weren't allowed in as they had no work authorization.

Welcome to BE!

Worth looking over the wiki, there's a good bit of info on the L1 visa to give you an idea of the whole process and further info on the greencard process, as well as the more mundane stuff such as relocation package info etc.

Something to consider though, if kids want to go to uni in the UK, they need to have resided for 3 years prior to enrolling to get local rates, or they would have to pay international rates.

Agreed - it has to be a recognised volunteer program.

Just a small point - gap years are becoming accepted here.