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Question on working in USA in short term - currently married to a USC

Question on working in USA in short term - currently married to a USC

Old Jul 10th 2013, 10:46 am
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Default Question on working in USA in short term - currently married to a USC

Hi,

My wife and I met 11 years ago when she moved from America to England, we have been together for 10 years and married in May this year. She is a British Citizen now and holds dual nationality.

I have been asked to go and help my mother in law as a business consultant for a few months to a year in California but I don't really understand all the issues around work visas, especially with my current situation.

My wife is a doctor in England and will be remaining here for at least the next year, I would, potentially, be working in America for the next year so there would be a fair bit of back and forth from us both if the move happened. After the year it is our intention to either move to New Zealand or continue to work in the UK - either way I would leave the US.

Any ideas on the best way to go after a work visa? I don't particularly want to go for a green card as it would make all of my international income subject to US tax (what a rule!) and being sponsored by my mother in laws company is expensive.

Would it make sense to set up a company in England that contracts me to my mother in law's company for a fixed term?

There are time issues, my mother in law wants my help ASAP (I am working remotely at the moment but she wants me physically there to deal with people and to remove the time zone issue) and my plan to by in NZ by September 2014 so waiting for months and months for a visa may not actually be feasible.

Any ideas gratefully received! Thanks in advance.
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Old Jul 10th 2013, 12:35 pm
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Default Re: Question on working in USA in short term - currently married to a USC

Originally Posted by Radis View Post
Any ideas on the best way to go after a work visa?
There simply isn't a good visa solution for you based on what you've written here. However, if her company is willing to sponsor you, there's the H-1B visa or perhaps a J-1 visa. Google is your friend.


I don't particularly want to go for a green card as it would make all of my international income subject to US tax (what a rule!)...
You'll be subject to US tax on your worldwide income after you meet the IRS threshold for filing... whether you have a green card or not - and, largely, that'll depend on how much time you spend in the US.


... my mother in law wants my help ASAP...
If, by ASAP, you mean sometime at the end of this year (J-1) or October next year (H-1B), then that might be feasible. Otherwise, it's not likely going to happen. There are no short-term visas to do what you propose.

Ian
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Old Jul 10th 2013, 3:10 pm
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Default Re: Question on working in USA in short term - currently married to a USC

Originally Posted by Radis View Post
I have been asked to go and help my mother in law as a business consultant for a few months to a year in California but I don't really understand all the issues around work visas, especially with my current situation.
Being married to a USC does not help (or hurt) your situation, it makes no difference, since you're not looking to immigrate to the USA.

Honestly, since it's your mother in law (or her company) that wishes to bring you to the USA for work purposes, it is her (or the company's) responsibility to find an appropriate visa for you, and to submit a petition to get the ball rolling. If your mother in law (or her company) doesn't know which visa is appropriate, she (or someone within the company) should have a consultation with an immigration attorney to find out.

Your role, at this stage of things, is to sit back and wait to hear which visa they will petition you for.

It could very well be that there isn't a visa for what you want to do. Or, if there is, it could take months to obtain. Be prepared for that.

Rene
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Old Jul 10th 2013, 4:45 pm
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Default Re: Question on working in USA in short term - currently married to a USC

Originally Posted by Radis View Post
Any ideas on the best way to go after a work visa? I don't particularly want to go for a green card as it would make all of my international income subject to US tax (what a rule!) and being sponsored by my mother in laws company is expensive.
Married to a USC surely your household income is already subject to US tax?
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Old Jul 10th 2013, 5:00 pm
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Default Re: Question on working in USA in short term - currently married to a USC

Originally Posted by sir_eccles View Post
Married to a USC surely your household income is already subject to US tax?
Only if the USC is filing "married filing jointly". If filing "married filing separately", then it's only the USC's income on the tax return.

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Old Jul 10th 2013, 5:06 pm
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Default Re: Question on working in USA in short term - currently married to a USC

B in lieu of H?

Anyway let us know what the Lawyer suggests.
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Old Jul 10th 2013, 5:07 pm
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Default Re: Question on working in USA in short term - currently married to a USC

Originally Posted by Noorah101 View Post
Only if the USC is filing "married filing jointly". If filing "married filing separately", then it's only the USC's income on the tax return.

Rene
Of course, that would make sense. This is why I hire an accountant.
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