Marriage broken up and wife and kids gone to live in the US

[familyguy 2]

http://www.officialsolicitor.gov.uk/os/icacu_handled.htm

[MissingmyKids76 0]

Thanks all:

@Richard-UK yes they do have US passports our first was born in the UK but because my then fiance was over here way past when her holiday visa had expired (9 months or so) the only way to get a passport for our daughter was to apply for a passport from the US Embassy in London; I forget exactly why, something to do with the mother having no legal status in the UK, in effect at the time she was an illegal alien I suppose.

The youngest two were actually born out there whilst my wife was out of the country getting the correct visa and getting divorced from her first marriage.

@ Ling Ling yes that scenario you have painted is precisely that one that concerns me if i take it legal and then of course i potentially lose any chance of a goodwill gesture from my wife for access. Right now, beyond the fact they live on a different continent, she has stated she would not stop me seeing them and indeed I am hoping that I can start reading them bedtime stories again over skype when her mother gets the internet. I pretty much live for my 2 mins of conversation I get with them right now each night.

reference the UK visa waiver program I believe that is for a holiday visa only, ie I cant work on it? I am not in a financial situation where I can take 2 lots of 3 months off work a year, or even financially pay for a flight & accommodation out there for a week or so several times per year. Hence why I was trying to find a way to go out there to live & work.

Right now I am hoping against hope I will find an employer that is prepared to push for me to get a H-1B visa now(unlikely I know) or long term go bankrupt and go to university here as a mature student, and have more chance of getting a H-1B in 3-4 years time.

Edited September 17, 2009 by MissingmyKids76

[MissingmyKids76 0]

http://www.officialsolicitor.gov.uk/os/icacu_handled.htm

Thanks bud; very useful link. If only the Citizens Advice Bureau had offered me that when they told me there was no such agreement with the USA.

[VanessaTony 3,567]

Sorry to hear about your situation.

If you're a UK citizen, you don't need a visa at all to visit for up to 6 months a year (in 3 month increments).

The UK is a Visa Waiver Program participant with the US and several other countries.

You book a flight, show your UK passport, hop on a plane, and Bob's your uncle.

Once you're in the states...you could look for a job, and/or try to patch things up with the Mrs.

Sorry but no. Not anymore, in fact, this hasn't been the case since last year. As far as the job thing goes, this is ILLEGAL on the VWP so I hope the OP does not rely on your information.

The VWP has changed to where you need to apply for the visa waiver PRIOR to boarding any flight. Here's the site: https://esta.cbp.dhs.gov

Also, you are only eligible for the VWP if you have never previously been denied a visa, or deported. It is a simple form you fill out which will "pre-approve" you for the flight. You will need to print the authorisation in order to collect your tickets when you check in... otherwise they will not permit you on the plane, and you will lose the money for the tickets.

As for looking for work, this is entirely ILLEGAL if you enter on the VWP. If you are caught you will be deported and you will not be permitted to return on the VWP. You will then have to apply for a visa, BUT there are "ban periods" that will be applied for deportation etc.

To the OP - I honestly have no idea what visa you need as I don't know enough about it. I hope you find a way though. Good luck!

p.s. I read a case once where a wife was forced to stay in a part of the country she didn't like because the courts ruled the father didn't have the ability to move. If your wife is a dual-citizen, or has a visa, you can apply to have her come back to the UK to live (from what I've heard) because it is not feasible for you to go to the USA. She has also kidnapped your children and this will reflect badly on her. It's an idea anyway for you to mention to the solicitor. I'm not saying it'd work, and she probably wouldn't like it, but whether she likes it or not, they ARE your children too and she left when she was fine where she was.. except for the whole "stealing money" thing...

Good luck!

[TayRivers 4]

Sorry to hear about your situation.

If you're a UK citizen, you don't need a visa at all to visit for up to 6 months a year (in 3 month increments).

The UK is a Visa Waiver Program participant with the US and several other countries.

You book a flight, show your UK passport, hop on a plane, and Bob's your uncle.

Once you're in the states...you could look for a job, and/or try to patch things up with the Mrs.

If things get patched up, you can then apply for an IR-1 visa.

You'll have to return to the UK to wait for the visa to be processed (3 months to a year...no promises).

There's also the possibility of applying for an Adjustment of Status...kind of a request to stay in the US with your family.

HOWEVER, traveling to the US on a Visa Waiver with the INTENTION to immigrate is considered immigration fraud, and you will most likely be denied an immigrant visa,

and possibly barred from re-entry for 10 years to life.

Hope this helps.

Can I just remind people that you are not allowed to work in the USA if you do not have a EAD, Greencard, work visa.

Anyone entering on a VWP/Tourist visa are NOT allowed to work.

Tay

[Ontarkie 14,419]

there is one thing that was not mentioned, talk to your wife about starting over in the US all of you can move and start fresh. Maybe she just wants to be back near her mom maybe if you two want she can go back to the UK start the process of DCF and all can move back to the US fairly fast. If she really doesn't want to go back to the UK at all not even for the short peroid of time it would take to do DCF, she can file a IR-1 i think its called and get you to the states to live work and start fresh. You two from what your telling us to doesn't seem ready like your ready for divorce you have just hit a bump in the road talk about different things and all your options with her. Maybe this can be resolved easily.

Edited September 17, 2009 by Ontarkie

[clueless_in_usa 8]

The only way you can work in the USA is if you qualify for any of these (short of getting the Green Card):

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (100);

H-1C classification applies to foreign nurses coming to perform nursing services in medically underserved areas for a temporary period up to three years. The Nursing Relief for Disadvantaged Areas Act of 1999 (NRDAA) has been reauthorized for an additional three years, and will expire on December 20, 2009. To learn more about the reauthorization of the H-1C program, see Department of Homeland Security, U.S. Citizenship and Immigration Services Press Release.

H-2A classification applies to temporary or seasonal agricultural workers;

Note: USCIS revised H-2A program requirements and regulations, which applies to all petitions filed after January 17, 2009. For more information, petitioners and applicants should review press release on the USCIS website.

H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);

Note: USCIS revised H-2B program requirements and regulations, which applies to all petitions filed after January 18, 2009. For more information, petitioners and applicants should review the USCIS webpage and press release.

H-3 classification applies to trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children (50);

L classification applies to intracompany transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;

O-1 classification applies to persons who have extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field;

O-2 classification applies to persons accompanying an O-1 alien to assist in an artistic or athletic performance for a specific event or performance;

P-1 classification applies to individual or team athletes, or members of an entertainment group that are internationally recognized (25,000);

P-2 classification applies to artists or entertainers who will perform under a reciprocal exchange program;

P-3 classification applies to artists or entertainers who perform under a program that is culturally unique (same as P-1); and

Q-1 classification applies to participants in an international cultural exchange program for the purpose of providing practical training, employment, and the sharing of the history, culture, and traditions of the alien's home country.

J-1 can also work, but those are granted only if you participate on the specific exchange program

[rika60607 215]

He can look for a job while in the US on VWP.

He can not accept a job and start working until he obtains appropriate visa.

Usually people find a job abroad first, then they apply for a visa.

Sorry to hear about your situation.

Once you're in the states...you could look for a job, and/or try to patch things up with the Mrs.

[Ling Ling 22]

Sorry but no. Not anymore, in fact, this hasn't been the case since last year. As far as the job thing goes, this is ILLEGAL on the VWP so I hope the OP does not rely on your information.

Reading comprehension...it is NOT illegal to look for a job while on a holiday. You can not actually accept an offer from a US based employer...and you can actually WORK on a VWP...as long as you're not working for a US based business. Why do you think they ask if you're coming on business or pleasure? If you're conducting business, then you're working, and that's perfectly legal...but ILLEGAL to work for a US based company without a work authorized visa.

[Ling Ling 22]

Can I just remind people that you are not allowed to work in the USA if you do not have a EAD, Greencard, work visa.

Anyone entering on a VWP/Tourist visa are NOT allowed to work.

Tay

Incorrect. You CAN work in the US on a VWP visa...there's even a provision on the electronic application that asks if you're traveling for business or pleasure.

You CAN NOT work for a US based company on a VWP. AND there is nothing illegal about making inquiries for jobs whilst in the US. You simply can not be employed without a visa or other instrument that authorizes you to work in the US.

[TayRivers 4]

Can I just remind people that you are not allowed to work in the USA if you do not have a EAD, Greencard, work visa.

Anyone entering on a VWP/Tourist visa are NOT allowed to work.

Tay

Incorrect. You CAN work in the US on a VWP visa...there's even a provision on the electronic application that asks if you're traveling for business or pleasure.

You CAN NOT work for a US based company on a VWP. AND there is nothing illegal about making inquiries for jobs whilst in the US. You simply can not be employed without a visa or other instrument that authorizes you to work in the US.

You and I both know that when the poster said " you can always look for work" that they were talking about someone on a VWP finding work in the US for a US employer.

So yes in some cases you can work in the US on a VWP for a foreign employer and yes you could make enquiries for future employment in the US. but in this case the poster was not talking about that sort of situation.

So I stand by my statement that the OP can not work in the US while here on a VWP.

Tay

[Ling Ling 22]

You and I both know that when the poster said " you can always look for work" that they were talking about someone on a VWP finding work in the US for a US employer.

So yes in some cases you can work in the US on a VWP for a foreign employer and yes you could make enquiries for future employment in the US. but in this case the poster was not talking about that sort of situation.

So I stand by my statement that the OP can not work in the US while here on a VWP.

Tay

eH, I am the "poster" who said he "could look for a job", and that's exactly what I meant. There's NOTHING illegal about looking for a job while on a tourists visa.

Please don't try to tell me that I meant something other than what I said. LOOKING for a job, is NOT accepting employment.

Although too many US citizens appear to be allergic to it, LOOKING for a job is still NOT illegal in this country.

I'm EXTREMELY well aware of what's required for employment in the US, as well as what is immigration fraud, and what the VJ TOS states, so please do not pretend to be a mind reader. I meant exactly what I said. A person can "look for a job" while on VWP.

[MissingmyKids76 0]

Hi All

Just wanted to give an update to this topic and ask for further advice.

As suggested I have looked into this legally, there is a UK based charity called www.reunite.org that specialises in this sort of thing, and if anyone sees another similar topic to mine from the UK I urge them to recommend them visiting this site.

It turns out that what my wife has done isnt kidnapping (as I gave her permission to take the kids out of the country) but it is called 'wrongful retention' and is still illegal. I could quite easily force her to come back to the UK via 'the Hague Convention', financial implications aside. Once she gets back we would go through a custody battle in the UK, no doubt one that I would probably lose, not being the mother and all that, and at that point she could apply for indefinite leave to depart with the girls with legal custody restrictions in place. But forcing her to return the kids back to their country of 'habitual residence' is not about her or me or the reasons why our relationship broke down, it is more about proving that the UK isnt a place that girls would be in grave danger returning to; ie if I lived in Afghanistan she could claim that. As I live in the UK she could not.

I mentioned this to my wife and rather unsurprisingly at the thought of being forced to return the kids to the UK or face a jail sentence in the US she has started to negotiate a little more and she has granted me the ability to visit for the girls birthdays when they approach.

I have made the suggestion that she allow me to come to the US on a spousal visa. My official address would be the place where she and the kids would live; I would have to 'not be able to find work there' and move interstate to stay with a friend who lives in Minneosta who has guaranteed that if I can get a visa that allows me to work in the US, he will get me a job. I would be able to come 'home' once a month to see my daughters for the weekend.

Her conditions of this is that I would be responsible via my salary to recoup any of the money she is / will be receiving in state aide. Paying for the rent, the food, my wifes college tuition, the kids nursery & childcare fees etc until I was able to get the US equivalent to what we term in the UK as indefinite leave to remain at which point we could divorce and fight for custody as two US citizens.

Legally we would be husband and wife until this point, albeit I would be working away and living away except for the one weekend per month I got to see my kids. I would have to also pay for a separate apartment for myself and cover my own personal living expenses via a full time and possibly a part time job as well. But at least I would get to see my kids regularly without it costing the earth.

My questions are:

What is the US spousal visa called? Presumably it would be known in the format x-xx or something as all of the others seem to be.

How long is the period before you are granted indefinite leave to remain (in the UK, on a spousal visa it is two years)?

Will my ability to get a spousal visa be affected by the fact although we have lived together for the last 4 years, we haven't been living together for the past 3 months (as she is residing in the US)?

Are there any other pro's or con's you can see to this proposal legally speaking?

Thanks in advance

Craig

Edited September 28, 2009 by MissingmyKids76

[MissingmyKids76 0]

Just wanted to add another question to my previous post.

As my wife has no income of her own would I need to find a co-sponsor (ie my Minnesotean friend) who earns above 125% of the poverty line? I seem to recall that from somewhere.

Also, on my part at least, I would be looking to try and make amends with my wife rather than end up divorcing. It is very difficult to try and do so when she is abroad. I say I am missing my kids but I also miss her a lot, and I think in a way she misses me too. But my mother has told me if I try to push for us to get back together now I will just push her further away, better to try and make amends over a longer period and make her want me back than simply nagging and whining from several thousand miles away - it is very easy for her to reiterate the stance she has already made, ie no.

Edited September 28, 2009 by MissingmyKids76

[Ontarkie 14,419]

I mentioned before that you two try a spousal visa cause i thought you were not ready for divorce. Working on your marriage is something both of you need to want to do.

Anyways my thoughts were to do DCF but since she is already in the US I don't know if she can still do that from here. Is she really living in the states or is this still kinda more like a long visit. Anyways if shes in the US she can start the paper work to get the process started I think its a IR-1 since you have been married for 4 yrs.