non-citizen as primary earner

[forensic5 0]

My husband and I got married in the UK in 2005, and have lived in the UK ever since. He is a UK citizen, I am a US citizen, and our 2 children (ages 4 and 2) have dual citizenship.

Having decided that living in the US would be better for us as a family, we have purchased some property in NY close to my family's home, and want to move there in the summer of 2012. Having looked over all the information the government website provides, I am hoping getting a visa for my husband isnt actually as hopelessly difficult as it looks!

My two main concerns are these:

1. My husband is the main source of income for our family - I stay at home with our 2 kids and do some consulting on the side. We wouldnt want to move unless he had a job in the US. Can he apply for a job without a visa? Will we ever get a visa approved without one of us having a job over there - my parents earn enough to support us on paper and are willing to be "financial" sponsors to show they could support us if necessary for the visa, but is this allowed? It is not really possible for me to get a job over there as A. my 2 year old is Autism Spectrum and needs my care at home and B. my background is in science and it would be difficult for me to get a job without a period of retraining.

2. Do I really need to go live in the US without him for ages? I have nowhere to live as my parents currently care for both of my grandparents and it would be a bit too full of a house to have us there too. Also it would be very difficult for my son with Autism to be away from him for so long, and could really put him back in his development (as well as my sanity). We have purchased a plot of land to build a house on and are registering my son for the local school.

It seems to me that a couple with 2 children who have been married for 6 years, with the husband having a strong CV, should be able to live in whichever country they want without a problem! Having just done the visa thing in the UK a few years ago I am dreading doing it again.

Thank you in advance for your help!

Kelly

[pushbrk 13,267]

My husband and I got married in the UK in 2005, and have lived in the UK ever since. He is a UK citizen, I am a US citizen, and our 2 children (ages 4 and 2) have dual citizenship.

Having decided that living in the US would be better for us as a family, we have purchased some property in NY close to my family's home, and want to move there in the summer of 2012. Having looked over all the information the government website provides, I am hoping getting a visa for my husband isnt actually as hopelessly difficult as it looks!

My two main concerns are these:

1. My husband is the main source of income for our family - I stay at home with our 2 kids and do some consulting on the side. We wouldnt want to move unless he had a job in the US. Can he apply for a job without a visa? Will we ever get a visa approved without one of us having a job over there - my parents earn enough to support us on paper and are willing to be "financial" sponsors to show they could support us if necessary for the visa, but is this allowed? It is not really possible for me to get a job over there as A. my 2 year old is Autism Spectrum and needs my care at home and B. my background is in science and it would be difficult for me to get a job without a period of retraining.

2. Do I really need to go live in the US without him for ages? I have nowhere to live as my parents currently care for both of my grandparents and it would be a bit too full of a house to have us there too. Also it would be very difficult for my son with Autism to be away from him for so long, and could really put him back in his development (as well as my sanity). We have purchased a plot of land to build a house on and are registering my son for the local school.

It seems to me that a couple with 2 children who have been married for 6 years, with the husband having a strong CV, should be able to live in whichever country they want without a problem! Having just done the visa thing in the UK a few years ago I am dreading doing it again.

Thank you in advance for your help!

Kelly

Yes, your parent or parents can act as financial sponsors if they qualify and that would make the answer to your second question, "no".

[Boiler 46,417]

Looks like your Husbands needs for a job with Health Insurance are the priority.

Perhaps he should look at getting a job with the Employer sponsoring him for a work visa?

[Penguin_ie 5,997]

Yes your parents can be co-sponsor; a lot of DCFers (where the US citizen lives abroad and immigrate at the same time as the beneficiary) do this, as obviously neither of the couple has a job in the USA.

Your husband can apply for jobs, and could got to interviews on the Visa Waiver Program, but few employers will be interested in hiring someone they do not know when they can start/ if they'll get a visa.

Check out the DCF forum and look for UK filers for more info on how exactly the process is done in the US embassy in London": http://www.visajourney.com/forums/forum/82-direct-consular-filing-dcf-general-discussion/

[Brother Hesekiel 2,236]

Kelly,

welcome to VJ!

If you guys want to move to NY (oh, no!), the process you are looking for is an immigrant visa that leads to your husband entering the New World as a lawful permanent resident (LPR). He will get his Green Card in the mail a short time after being "admitted" into the US of A and is authorized to work from day one on, based on an I-551 stamp he will get hammered into his passport at arrival.

Assuming you are married for more than 2 years, you will apply for an IR-1 visa via Direct Consular Filing (DCF) at the US Consulate in London. That is a straight forward process, indeed. As the petitioning USC spouse, you are supposed to be able to make sure your husband won't become a public charge to the American people. Uncle Sam's way to take care of this is by asking you for an Affidavit of Support, the form I-864. In plain English, you need to be at least 125% above the US poverty line for a family the size of yours, in order to satisfy the requirement. Luckily, dear, assets, can be used to fulfill the requirements at a rate of 1 to 3. So if you guys have a small castle in the Hamptons, you'll be fine.

Guestimate about 5 to 7 months for this process, from start to finish.

Welcome back to America, the Land of the Brave and Free.

[JoannaV 174]

Your parents can fulfil the financial support requirement, and your purchase of property in NY should go a long way to helping you prove that your US domicile. (As in, prove that you are intending on moving back to the US when your husband immigrates.) If you haven't been filing taxes whilst in the UK, but were eligible to file, then do so now.

Your main problem is your desire for your husband to have a job ready for when you all move. This is of course possible, and he can certainly try to apply for jobs. I have no idea what his line of work is, but maybe he is someone companies will be willing to hire in anticipation of his arrival :-) On the other hand...this may not be something you can rely on. A lot of families do have to make the huge leap across the Atlantic with no job lined up. Your first few months in America may be very hard, but worth it in the end. If health insurance is a priority, then it could be a very expensive few months too. So in that case you would have to decide if it's worth it or not.

What you could do, is start the visa application process. Your husband can start looking for jobs whenever he wants. Once he has the visa in hand, he can continue looking for jobs. Having the visa should make him a little more attractive than before. What you could do potentially, is all of you fly over to the US to activate the visa, but then return to the UK to "finish up your affairs" as it were. Your husband would then actually have his green card (well, the stamp in his passport, the actual green card would appear in the mail a few weeks later) and he could apply to jobs as a resident of the USA, and be available for interviews and the such. You would all have moved to the US but be settling up stuff in the UK. If your husband then did not find a job you could decide to return/stay in the UK. This may cost you extra money in plane tickets though, and would make moving itself a little more stressful especially if you ended up having to, for example, sell your UK house after you were living in the US.

For most people in your situation, the visa process itself is easy. But they have to make a decision to commit to the move, however hard, knowing that it will be worth it in the long-term. You may have to use up some savings in the first months in the US.

[forensic5 0]

How long does the visa last once we have it, and can we extend it if we dont sell our house here etc in time? Can we get some kind of temporary health insurance to tide us over - maybe like a long-term travel insurance, until he finds and job and gets over the propationary period of work?

What is the difference between having a green card and citizenship? Could he come back to the UK for 2 years at some point to do an MBA, or would that compromise his visa situation? (The plan would be to rent our house in NY for a couple years and rent in the UK while he studies)

In your experience(s) are companies open to hiring people with foreign qualifications and experience or is it harder to get work? He has been in business management for the last 5 years and has a degree in international business and finance. Anyone have any experience in this or a similar sector?

What about getting a mortgage when you move? Are companies willing to lend relatively quickly or do you need to prove a period of employment in the US?

Sorry for all the questions - need to reassure my husband he is not crazy to agree to move!

Thanks!

[pushbrk 13,267]

How long does the visa last once we have it, and can we extend it if we dont sell our house here etc in time? Can we get some kind of temporary health insurance to tide us over - maybe like a long-term travel insurance, until he finds and job and gets over the propationary period of work?

What is the difference between having a green card and citizenship? Could he come back to the UK for 2 years at some point to do an MBA, or would that compromise his visa situation? (The plan would be to rent our house in NY for a couple years and rent in the UK while he studies)

In your experience(s) are companies open to hiring people with foreign qualifications and experience or is it harder to get work? He has been in business management for the last 5 years and has a degree in international business and finance. Anyone have any experience in this or a similar sector?

What about getting a mortgage when you move? Are companies willing to lend relatively quickly or do you need to prove a period of employment in the US?

Sorry for all the questions - need to reassure my husband he is not crazy to agree to move!

Thanks!

The visa is good for six months. Don't count on being able to extend it but you can delay the interview and visa issue.

Health insurance and the difference in green card and citizenship? Google is your friend on those.

He could go back for two years with no problem if he applies for a re-entry permit first.

He'll need a job for a mortgage and his UK credit rating will not transfer. Check with mortgage lenders regarding the possibilities. Big down payments help.

[Boiler 46,417]

How long does the visa last once we have it, and can we extend it if we don't sell our house here etc in time?

Answered

Can we get some kind of temporary health insurance to tide us over - maybe like a long-term travel insurance, until he finds and job and gets over the probationary period of work?

Yes, varies by State. Not travel insurance, that is for people coming back.

What is the difference between having a green card and citizenship?

Green Card is similar to ILR

Could he come back to the UK for 2 years at some point to do an MBA, or would that compromise his visa situation?

Yes

(The plan would be to rent our house in NY for a couple years and rent in the UK while he studies)

Probably would be better to do it the US if that is where you are going to end up.

In your experience(s) are companies open to hiring people with foreign qualifications and experience or is it harder to get work?

Yes and harder

He has been in business management for the last 5 years and has a degree in international business and finance. Anyone have any experience in this or a similar sector?

Who does he know, networking is key. I have a step son with such a degree, he is working for a car rental company...

What about getting a mortgage when you move? Are companies willing to lend relatively quickly or do you need to prove a period of employment in the US?

You can get an international credit report, Employer may be able to help