options for short-ish USA stay

[mattj74 1]

Hi all, I'm new to this forum having been pointed here by the uk-yankee.com site.

I am a USC with 2 USC children and a UK citizen wife. I have an inkling of an opportunity to transfer within my company from UK to the USA. I don't know any details yet but it's possible that a short-ish transfer (to work on a specific project) could be 3 months, maybe up to a year. I understand DW could come over for up to 3 months on the visa waiver but were it longer than 3 months that probably wouldn't work.

My first thought was DCF. I don't know whether my company would do anything for her (some sort of visa) as I'm already a USC so there's no need for them to do any paper-work for me.

Does anyone know what options I might have? It's possible it may be a few months off, so I was thinking that should it look like it can happen then we could begin DCF. I've heard that it can take anywhere from a few weeks up to 5 months.

Lastly, this is potentially way off, but upon arriving in the USA, I understand DW would have an unconditional greencard. Would it then be 3 years before she could apply for US citizenship?

DW was in the States with me from 1998-2002 and even had a greencard for about 6 months prior to leaving in 2002, immigration has since confiscated it and put something on the record to say we're moving aboard to UK where we've been living the past 8 years. Do I assume that the previous greencard would not be reinstated?

Thanks.

[milimelo 4,487]

Hi all, I'm new to this forum having been pointed here by the uk-yankee.com site.

I am a USC with 2 USC children and a UK citizen wife. I have an inkling of an opportunity to transfer within my company from UK to the USA. I don't know any details yet but it's possible that a short-ish transfer (to work on a specific project) could be 3 months, maybe up to a year. I understand DW could come over for up to 3 months on the visa waiver but were it longer than 3 months that probably wouldn't work.

My first thought was DCF. I don't know whether my company would do anything for her (some sort of visa) as I'm already a USC so there's no need for them to do any paper-work for me.

Does anyone know what options I might have? It's possible it may be a few months off, so I was thinking that should it look like it can happen then we could begin DCF. I've heard that it can take anywhere from a few weeks up to 5 months.

Lastly, this is potentially way off, but upon arriving in the USA, I understand DW would have an unconditional greencard. Would it then be 3 years before she could apply for US citizenship?

DW was in the States with me from 1998-2002 and even had a greencard for about 6 months prior to leaving in 2002, immigration has since confiscated it and put something on the record to say we're moving aboard to UK where we've been living the past 8 years. Do I assume that the previous greencard would not be reinstated?

Thanks.

It may be easier to go through DCF since she has had the green card before - this is only if you are looking to permanently move to the US. Yes, you have to be permanent resident for 3 years before you can file for citizenship (3 years minus 90 days the N400 application can be sent in).

[Marina-Del 10]

But if you are not going to be permanently moving to the US,then DCF is not really the best option. As far as if there are other visas out there for this specific situation, I have no idea. But DCF is for a permanent greencard, not 3-6 of her living in the states with you.

If you guys wanted to just be in the US for 6 months or so, then a tourist visa sounds like the best plan. It is originally for 3 months, but there is some extension that people can get so that they can stay up to 6 months, but I don't know a lot about that.

Keep in mind that DCF in UK is taking about 3-5 months (there is a specific UK thread on here for UK DCF filers so take a look there) and it costs US$755.00, so quite a lot for a PERMANENT greencard that you'd only use for up to a year. If you guys think you might stay in the US, then DCF sounds like a good plan...if not, then I think there must be another option better for you guys. Even if that option is that she comes and stays for 3 months, goes back to UK for 3, and then visits you again, once more. If you'll only be in the US for 6-9 months or so, then as much as it would suck to be apart for that long, that is probably the best option.

Also, I don't know if they would reinstate the old greencard. The old one is definitely invalid as she gave up her residence, which is a requirement, but I don't know if they reactivate it or just issue a completely new one.

Good luck.

[txladykat 1]

why even go through the trouble of a tourist visa for 3 months when they come can in on the VWP for 3 months? I agree with the others, if its going to be longer than a year, go for the GC.