|
So, I'm currently in the UK and self-employed — I own/run a graphic design firm. It's small at the moment (three people, pretty much) but we're hoping to grow pretty significantly in the next few years, especially in terms of international clients. We've already worked for a couple of clients in the US, and hopefully we'll have hit up some work from India this year. The ideal plan is to have the business set up such that I can realistically work from anywhere in the world that has a decent net connection. With that in mind, I've been idly turning over the idea of living and working in the US for a few years at some point, perhaps with a view to moving there permanently. Given that I'd be trying to go over there with a business I can point to and say "No, it really doesn't matter where I'm based, I just want to pay my taxes to the US Government," do I have a snowball's chance in hell at this? Or would I need to have an employer lined up there before I'd have a hope? It's all pretty speculative at the moment, but if there are certain things that I can or can't do, I might as well know now...
|
#
?
Aug 25, 2014 00:09
|
|
|
|
| # ? May 11, 2024 06:56 |
|
|
Jeherrin posted:The ideal plan is to have the business set up such that I can realistically work from anywhere in the world that has a decent net connection. With that in mind, I've been idly turning over the idea of living and working in the US for a few years at some point, perhaps with a view to moving there Invest $1,000,000 in a business (or $500,000 in an economically depressed area) and create 10 jobs and you can get permanent residency via investment. There's a quota but news reports about the program say it doesn't usually even fill half the quota.
|
|
#
?
Aug 25, 2014 13:36
|
|
|
Jeherrin posted:So, I'm currently in the UK and self-employed — I own/run a graphic design firm. It's small at the moment (three people, pretty much) but we're hoping to grow pretty significantly in the next few years, especially in terms of international clients. We've already worked for a couple of clients in the US, and hopefully we'll have hit up some work from India this year. This is the kind of thing where it makes sense to find an attorney and sit down with them to explain your goals and work out what might be a good strategy to make it happen. The only complication is that it can be hard to find someone competent at US immigration outside the US, but you might look for a UK firm that has partner/branch offices in the US and can call upon that knowledge. The US immigration system doesn't really have a category for people who have flexible job that they can bring with them, partly because such a thing is fairly recent and a lot of the immigration system is built on traditional models of employment and labor. So a lot of the self-sponsorship situations only exist at the upper end of the curve, like the above-mentioned investor visa, or for people who are outstanding/exceptional in their field (this is how many famous people relocate to the US, for instance). That said, there might be options for you. Depending on how your current business grows, to what degree you want to expand into the US market, and whether that means establishing some sort of corporate presence in the US, it can provide avenues for you to at least spend some time in the US. Almost all of these avenues (we are talking about L and E class visas primarily) do not easily transition to residency, so it is doubly important to speak with a professional and develop an actual strategy to follow.
|
|
#
?
Aug 25, 2014 14:51
|
|
|
Thanks for that, fordan and Ashcan! I do know some folks in the US, one of whom is a lawyer and has links to immigration lawyers he's indicated he'll put me in touch with, but I figured I'd ask here before potentially wasting that guy's time. I think it's probably time to send my mate an email and ask him to hunt up some info... It's odd, coming from the UK — I'm pretty used to the European system whereby it's almost a case of there being little more to it than simply moving house, if you're moving within the EU.
|
|
#
?
Aug 25, 2014 15:17
|
|
|
Yea, moving to the US is much more of a headache than any EU shuffling. You are actually in a reasonable position to do it, given that you own a business (as that can be a potential springboard for you). A lot of the time people ask and the answer is 'Find a nice American backpacking through Europe and marry them'.
|
|
#
?
Aug 25, 2014 15:23
|
|
|
Ashcans posted:...the answer is 'Find a nice American backpacking through Europe and marry them'. I'm not ruling that out...! 
|
|
#
?
Aug 25, 2014 15:32
|
|
|
Ashcans posted:A lot of the time people ask and the answer is 'Find a nice American backpacking through Europe and marry them'. With their consent, right?
|
|
#
?
Sep 2, 2014 07:25
|
|
|
Well, that certainly makes filing the removal of conditions a little easier.
|
|
#
?
Sep 2, 2014 14:48
|
|
|
I hope this doesn't border too closely on trying to solicit free legal advice, but once you marry someone, do they get a "grace period" to stay within the US until they can get their green card? In other words, if I marry someone from another country, will she have to go back to her country even after we get married?
|
|
#
?
Sep 15, 2014 15:12
|
|
|
You haven't given a lot of detail but that is ok because I may not want to know more! Just getting married doesn't create any sort of grace period on its own. If someone is out of status and they get married, they aren't saved or protected until they file something with USCIS. As soon as you are married, you would be eligible to file an I-130 (this is a petition that says 'Hey Feds, this person is my spouse! Legit!') and the I-485 (this is the application to receive an actual green card, based on the I-130). These can be filed together, you don't have to wait for the I-130 to be approved. Once the I-485 has been received by USCIS, you are eligible to remain in the US while that application is adjudicated, even if your prior status expires. So say you get married and file the application two days before her visitor status (or whatever) would expire - congratulations, she can now stay in the US legally while USCIS makes a decision on the I-485 - she doesn't have to leave! Joy! This assumes that the non-US partner has a valid status in the US at the time of filing. What if they don't? Well, it gets more complicated. If they entered the US in a valid status that has now expired, they may still be able to file and remain in the US (essentially, USCIS will forgive certain breaches of status for spouses, because love conquers all). But there are some violations of status that won't get overlooked, or if they never entered in a proper status to begin with (I guess love conquers most, terms and conditions may apply). What would actually happen in those situations is that you would file the I-485 (and then you could say 'I have a pending I-485, don't deport me!') but USCIS will come back quite soon and say 'Haha, nope.' and then probably proceedings would begin against the person. If she doesn't have valid status any more, or if she was in the US on a short term status (like a visitor), you should really consider getting an attorney to help you. A marriage-based petition is something that a lot of people can handle on their own, but if there are complications due to status breaks, it can get messy. In particular, USCIS is going to regard a marriage that happened when someone needs to find a new status as more suspicious on its face than one without - basically, the fact that someone is falling out of status raises the question that the marriage was for that purpose, and not for its own sake.
|
|
#
?
Sep 15, 2014 15:46
|
|
|
Ashcans posted:You haven't given a lot of detail but that is ok because I may not want to know more! Just getting married doesn't create any sort of grace period on its own. If someone is out of status and they get married, they aren't saved or protected until they file something with USCIS. Thanks a lot for the information! In our case she's here on OPT and her status will be ending next year, depending on what job she gets after that. While it's of course a real marriage, I was afraid that there would be problems if they thought it was for a green card.
|
|
#
?
Sep 17, 2014 01:15
|
|
|
I'm mid-process with an employment based green card application, and just received an "Employment Authorization Card". To my eyes this is saying I can legally apply for other jobs now (while the application is still under review), but would quitting my current job decrease or kill my chance of the current application being approved? Does this card actually give me any additional choices or benefits in my scenario? It's mentally very difficult feeling trapped at a company during hard times, but I wouldn't want to screw up the process from quitting too soon. I was on a TN before this if that matters.
|
|
#
?
Sep 21, 2014 07:28
|
|
|
Quitting your job can seriously effect your case, up to and including a denial and forcing you to start all over again. Whether or not it would screw you up is more complicated than I am going to approach here. You shouldn't change your position at all without talking to an attorney about the impacts. Is there a lawyer involved in this process? If a lawyer was involved in filing your I-485, they should be prepared to talk to you about what an EAD card means and how to use it. If the same lawyer helped your company prepare the petition for you, you shouldn't ask them how to quit your job (because they also represent the company and may have an obligation to tell them that) but you can say 'What is an EAD' and 'How can I use this' or 'Does it matter if I am promoted/change positions at the company'. That aside, your EAD is an open-ended work authorization; it isn't restricted to your current employer. This means that you shouldn't quit your job, but you can use your EAD to work as a bartender/freelance DJ/MMA instructor on the weekends, or to freelance in your spare time, etc.
|
|
#
?
Sep 21, 2014 23:42
|
|
|
Thank you for the fast reply, I really appreciate it. Unfortunately the lawyer who filed my paperwork works for my company. So also thank you for the tip of what (not) to say to them. Do I have any options at all other than 1) restarting the process elsewhere or 2) just staying at my current employer until some number of months beyond when the green card is approved? Random internet pages seem to indicate that with a lawyer's help I could switch jobs, but I wouldn't want to risk doing that if it would mean hurting my chances or restarting part or all of the process. My company is absolutely miserable and I dream of leaving, but my highest priority has to be finishing this process completely and correctly.
|
|
#
?
Sep 22, 2014 02:11
|
|
|
Sharks Below posted:Man, you know what's tough when both parties are living outside the USA? Establishing a domicile. Do you not have the option of asserting that you never relinquished any previous domicile you had? That's what I did.
|
|
#
?
Sep 22, 2014 03:36
|
|
|
Sheep posted:Do you not have the option of asserting that you never relinquished any previous domicile you had? That's what I did. Yes, but that requires proof. It's okay, we think we have managed it  We submitted stuff like bank statements, 401k accounts, VT bar membership, drivers licence all with his address in NH as well as his 12month Australian visa with no possibility of extension and a letter from his parents saying that we are welcome to stay with them or in a home that they own for as long as we desire. So I think we should be okay on that.For anyone who cares we are in the midst of the NVC stage of our CR-1 process at the moment. Submitted our AOS package now just waiting to pay the IV bill and submit that form and package. Then, we pray pray pray (in our atheist way) for no checklists and a case complete before the end of November. That'd be sick. We'll see.
|
|
#
?
Sep 22, 2014 03:40
|
|
|
Same Great Paste posted:Thank you for the fast reply, I really appreciate it. Ugh, ok. Once your I-485 (the actual green card application) has been pending with USCIS for 180 days, you are eligible for what is known as 'portability'. This is a provision of the American Competitiveness Act for the 21st Century of 2000 (AC-21) that says, basically, you can switch jobs once your I-485 has been pending for that long, as long as it is to a similar position. This is intended to provide relief to people who are at the end of the process and are otherwise stuck passing up better jobs (and even promotions) to maintain their immigration status. If your I-140 has been approved and your I-485 has been pending for 180s, it's possible you could change jobs. But I strongly suggest you get a consultation with your own attorney to discuss doing this and ensure it is handled smoothly. For instance, your new position has to be 'similar' to the one that your green card is based on. Unless you are switching between identical roles, you should probably have an attorney look at it and advise you. There are also issues concerning how long any break between the jobs might be, etc, that can make it more or less messy. Once your actual green card has been approved you are basically free to do what you like. I mean, I wouldn't suggest walking out the day you get the card, but there is no real minimum that you are required to put in before changing jobs. Again, an attorney would be able to reassure you on this sort of question. A consultation should only be a couple hundred bucks, which isn't a lot to avoid screwing up at this point in the process.
|
|
#
?
Sep 22, 2014 04:02
|
|
|
Thanks again for all the info. Even if it isn't the outcome I wanted it's still good to know what's actually happening. When the card actually comes through I'll certainly be going for a consult with a lawyer. Like you said, it's a very small price to pay. Until then... Just gotta keep breathing.
|
|
#
?
Sep 22, 2014 19:02
|
|
|
It would appear my I-485 was approved on Friday, judging from a cryptic update on USCIS.gov. Green card inbound. So ends the most agonizing 2.5 years of my life.
|
|
#
?
Sep 29, 2014 03:51
|
|
|
IV bill paid, IV package submitted, now we wait for checklists or, if I dare to hope, case complete.
|
|
#
?
Sep 29, 2014 03:56
|
|
|
Maybe you guys can help me: I have a B2 Visa (that I got back in 2010) and I would like to participate in the green card lottery just to try my luck. I have a trip to the US planned in a month and I don't want problems entering the country (I know how crazy you guys are about immigration) Would it be a problem to participate in the lottery and at the same time want to use my B2? My trip there is only for 3 weeks and is purely tourism, it doesn't have anything to do with me staying there for longer or trying anything else, but still I'm paranoid the custom officer will see I participated and won't let me in Any ideas?
|
|
#
?
Sep 30, 2014 16:21
|
|
|
Generally, merely applying for the Diversity lottery isn't held against anyone as evidence of intent to immigrate - it's such a shot in the dark and so simple to do on a whim that it doesn't really show deliberate intent. From a practical perspective, I am pretty sure that there is no actual tracking of the individuals who apply for the lottery until they are actually chosen. I seriously doubt that the border agent would be able to see your application to the DV lottery at all, and I don't think that they would act on it if they did. Things change if you are actually selected and start the process - at that point you are an intending immigrant and making deliberate steps toward it, and there will be a record of it, so trying to enter on your B would not be appropriate. I tried to look up some sort of reference to this in a field manual or something, but I can't seem to find one readily. Sorry!
|
|
#
?
Sep 30, 2014 20:40
|
|
|
Ashcans posted:I seriously doubt that the border agent would be able to see your application to the DV lottery at all, and I don't think that they would act on it if they did. Things change if you are actually selected and start the process - at that point you are an intending immigrant and making deliberate steps toward it, and there will be a record of it, so trying to enter on your B would not be appropriate. Yeah, this sounds about right. Of course, I wouldn't volunteer the info if I wasn't asked. And as always with immigration issues, ask a lawyer to be sure. Pixelboy fucked around with this message at 01:45 on Oct 7, 2014 |
|
#
?
Oct 1, 2014 00:49
|
|
|
Thank you so much guys! I've been trying to find info online/ask the embassy but I had no luck
|
|
#
?
Oct 1, 2014 06:30
|
|
|
Okay so one quick question; Pikestaff and I are pretty much ready to start our fiancee visa application, we're just gathering the remaining paperwork and looking at her financial situation to decide whether we need a co-sponsor or not. My question is; if we apply without a co-sponsor, but they tell us to  , can we simply add a co-sponsor to the application at that point (in a similar vein to responding to a Request for Evidence, I suppose), or would we have to start the whole shebang over again, fees and all?Thanks once more for all your help with our questions.
|
|
#
?
Oct 16, 2014 17:20
|
|
|
I have honestly never had that situation occur, so I am not 100% sure. Knowing whether you meet the requirements or not is pretty straightforward for most people, it's just comparing the number on your tax return/paystub to the cutoff and seeing if you meet it. If you do, even just barely, you are pretty much fine. If you have a complicated income situation I guess that it would be harder to work out, though? If you don't meet the income/assets bar, don't apply without a co-sponsor; if you do, it should be fine. If there is a situation where you have indicated that you meet the bar but they aren't convinced for some reason, they would almost certainly issue an RFE to get additional documentation to verify it. If you just file explicitly not meeting the bar without a co-sponsor, you could get a Notice of Intent to Deny, which is kind of like a pre-denial - you can still respond, but it means you're hitting an uphill battle. Also, in general, you want to avoid doing anything that prompts an RFE, because it is not uncommon that if they are issuing an RFE for one good reason, they will throw a bunch of lovely ones in you need to address as well.
|
|
#
?
Oct 16, 2014 19:02
|
|
|
Ahh I see. Wwe were under the impression that they had more discretion with the income and we are close to the line. Your reply is reassuring, thank you.
|
|
#
?
Oct 16, 2014 23:43
|
|
|
Ok, so just last week I moved to the US on a K-1 visa (nonimmigrant fiancee), and from what I've gathered from skimming visajourney.com and other forums is that the order in which I should do stuff is now marriage -> adjustment of status to permanent resident -> work permit -> social security number. Does that sound about right?
|
|
#
?
Oct 17, 2014 01:33
|
|
|
Nuclear Tourist posted:Ok, so just last week I moved to the US on a K-1 visa (nonimmigrant fiancee), and from what I've gathered from skimming visajourney.com and other forums is that the order in which I should do stuff is now marriage -> adjustment of status to permanent resident -> work permit -> social security number. Does that sound about right? You should get your social security number ASAP. You don't have to wait until you have your work permit. edit: Welcome
|
|
#
?
Oct 17, 2014 01:45
|
|
|
Nuclear Tourist posted:Ok, so just last week I moved to the US on a K-1 visa (nonimmigrant fiancee), and from what I've gathered from skimming visajourney.com and other forums is that the order in which I should do stuff is now marriage -> adjustment of status to permanent resident -> work permit -> social security number. Does that sound about right? The adjustment of status gets you a green card which is what lets you work. That having been said, as part of your adjustment of status you can apply for employment authorization (EAD) for free which is usually approved before your green card. You can get your SSN as soon as you have your EAD. Remember that you need to be married before the end of your 90 days. edit: you can get your SSN immediately, but many people have trouble getting their paperwork in order in the necessary timeframe and if you wait until after your 90 days, you can't get your SSN until you get your EAD or green card.
|
|
#
?
Oct 17, 2014 01:48
|
|
|
Alright, thanks for the answers! Correct me if I'm wrong here, but what I'm going to need in order to file for a SSN is, at least officially: 1) The SS-5 form, filled out 2) My passport with the visa in it 3) My I-94 4) Birth certificate or equivalent issued in English from my native country 5) A printed out copy of RM 10211.530, in case the social security employee I talk to is not aware that K-1 visa holders are eligible for a SSN
|
|
#
?
Oct 17, 2014 01:58
|
|
|
So my situation has changed a little, just got married to a US citizen. If you recall I'm fairly deep into an employment based green card application, having received my red card about a month ago. Would it be a bad idea to apply for a marriage based green card? My employer is basically insane, and my work life is absurd and miserable. There is also a pretty decent chance that his insanity will literally cause the company to fail within a few months. My only goals in life now are to live through this and be able to find another job. I know from your last answer (which I sincerely appreciate) that quitting would completely ruin my employment based application. So I'm wondering if it wouldn't be possible to receive an EAD via the marriage route, and then quit and just rely on my marriage based application for the actual green card. Sorry if I'm making this complicated, if the answer is really just "you're best off staying" then that's great and I'll stop bothering you. But holy poo poo I cry at night from how badly I hate my work life.
|
|
#
?
Oct 17, 2014 04:26
|
|
|
Mister Adequate posted:Ahh I see. Wwe were under the impression that they had more discretion with the income and we are close to the line. Your reply is reassuring, thank you. Having said which, I have seen a petition where the sponsors income only cleared the bar because of plasma/sperm donations, and USCIS didn't care at all. Money's money, as long as they believe you got it it's fine. Same Great Paste posted:So my situation has changed a little, just got married to a US citizen. If you recall I'm fairly deep into an employment based green card application, having received my red card about a month ago. It wouldn't be a bad idea, in that filing a new marriage-based petition would not create any problems or interfere with your ongoing employment petition. The only real issue is in the cost/trouble it takes for an additional filing. There are a couple different options you have here. The first is to try riding it out at your job for the 180 days of portability, and keep the marriage-based petition in your back pocket in case things go wrong. If things do go wrong you would have to scramble to get it filed quickly, though. Option two is that you just file the I-130, without a green card application. The I-130 basically validates your marriage as the basis for a green card application, and once it is approved you could file the green card application at any time. In theory, once your I-130 was approved you could actually link it to your pending I-485, but in practice USCIS is not very good at doing this and it can take a lot of time. The would save you some cash (because you would only be preparing/filing the I-130), but you would still be tied to your work until the I-130 comes through and you can re-file/re-link. The last option is that you just go ahead and file the I-130 and I-485 concurrently. Having two I-485s pending concurrently seems goofy, but it happens all the time because it is unfortunately more reliable than expecting USCIS to correctly apply your different I-140s/I-130s to a single pending I-485. The only real downside here is that you would have to prepare a whole new I-485 filing, including a new medical and everything, and a new filing fee. Also more money if you hire an attorney for it. But when you say something like this: Same Great Paste posted:But holy poo poo I cry at night from how badly I hate my work life. Also if the company seriously goes under before the 180 mark you are screwed, so that is a valid concern. Additional thought - if you file a whole new green card application and include a new application for an EAD, it is possible that USCIS will not issue one because you already have an EAD based on a pending I-485, and they don't like issuing a new card early on the same basis. You can (and should) still file it, but if they decline to issue it you should be able to use the existing card even if the employment-based application collapses.
|
|
#
?
Oct 17, 2014 14:37
|
|
|
edit: never mind, but as usual thanks for all the answers and help, Ashcans.
Pikestaff fucked around with this message at 21:48 on Oct 18, 2014 |
|
#
?
Oct 17, 2014 22:39
|
|
|
On your very kind advice I went to a (different) lawyer this morning to get the new process started. Shared with them a few more specific details that I didn't understand I had left out here. Yadda yadda yadda, it turns out that all signs point to my current application being positively over by the end of November. It's weird that the law firm my company paid to actually help me were pretty dismissive and difficult to work with, including failing to point out that the USCIS is totally happy to let me check my own status (they seemed to want to be a gatekeeper). Compared to the law firm I engaged this morning literally trying to hand them money who went out of their way to make sure it was a good idea, spent a lot of time with me on spec, and ended with them showing me that there's really no point in giving them any money. Now that I know there's an endpoint and it's soon, I can live through this. Thanks one last time for all your help. If you'd like to PM me the name of your favourite charity, I'd sure appreciate being able to pay back some karma.
|
|
#
?
Oct 17, 2014 23:40
|
|
|
Question: if you have to file a I-824 in order to get a duplicate visa approval notice, what's the wait time to get it? I've heard three months thrown around on a few online forums, which seems mildly horrifying.
|
|
#
?
Oct 29, 2014 05:25
|
|
|
It depends where you file it; if your original application was in Vermont/Texas, it would go to Texas, if it was in California or Nebraska it goes to Phoenix (and processed in Nebraska). You can check processing times here. The bad news is, times are... bad. Nebraska is currently processing forms submitted in April, and Texas is processing those submitted in January. The only saving grace here is that the 824 serves a number of functions, so if you are after something simple (like a duplicate approval) you might see better processing than that. Once it is filed, you could contact USCIS and request it be expedited, if there is a sufficiently urgent need (like if you have to travel and will need the approval for a visa application, etc.) Sorry!
|
|
#
?
Oct 29, 2014 14:51
|
|
|
My girlfriend is here from China working on a H1b visa which is expiring this month (though she will have legal status until 2016). However, she's going to visit my family with me in Canada in December, and she needs to renew the visa for re-entry. In order to renew the visa in Canada, she needs an interview, but the interview spots in Vancouver appear to be severely limited or virtually non-existent. This webpage: http://usa.immigrationvisaforms.com/visas/how-to-book-a-usa-visa-appointment recommends that she use their service to arrange the interview. Is this site trustworthy; should we pay the fee to have them arrange everything?
|
|
#
?
Nov 5, 2014 20:38
|
|
|
My understanding is that those organizations are not really doing anything that you cannot do for yourself. They do not have any sort of inside track to getting appointments at the consulate that aren't open to other people. What they actually do is pay someone to come in early in the morning and hammer 'refresh' on the appointment site to grab the appointments as soon as they come up. Now I mean, that's a service, and my job basically hinges on 'Doing things for people they could do for themselves if they had the time/took the effort'. So it's not necessarily a bad thing. They probably know when new appointment times are released and the best way to get them, and maybe that is worth the $100 to you/your gf. Just be aware of what you are paying for. There was a time, years ago, when people did have an inside track with consulates and could manage this stuff (basically, the consulate would give an appointment to a company knowing that the company was doing its own screening/prep and they would not be getting a bad application). This has dried up over time as most of the relationships have broken down, and the new automated systems that centralized appointments basically killed what pull was left. HOWEVER, there is a reasonable chance that your GF doesn't actually need to get a new visa. There is a program called Automatic Visa Revalidation that allows people who do not have a valid visa to visit Canada and return to the US, providing they are ONLY traveling to Canada and the trip will be less than 30 days. There are some other requirements that you can see on that page (for instance, she must have received a US visa previously, even if it is no longer valid). Take a look at that page and the fact sheet from CBP linked there - it is possible that she doesn't need to bother with this at all, if its just a holiday trip and she's coming right back.
|
|
#
?
Nov 5, 2014 21:11
|
|
|
|
| # ? May 11, 2024 06:56 |
|
|
Ashcans you are so magical. We are getting towards the final third of our 60 day NVC document review wait. Last package was scanned on the 29th of September. Hoping that gives us a case complete (please god no checklists) around the end of this month and I can go get my medical. I have to go 700km away to do that, then more than twice that distance for my consular interview. Oh well, I've only been to Sydney once and didn't do much shopping so I'm hoping to do that this time Pity it won't be in time for Christmas, but oh well.It'd be good to know what happens with the Sydney consulate over Christmas, I understand in the USA the Christmas break isn't really as much of a thing as it is here but whether that makes a difference I don't know. CAN YOU TELL I THINK ABOUT THIS A LOT?!
|
|
#
?
Nov 5, 2014 23:58
|
|