US citizen with job offer, timeline for moving with non-US spouse?
I am a dual US/UK citizen living in UK and have a job offer from a US company. My spouse is a UK citizen. I'm finding the IR1 timelines a bit scary, seeing something like 15 - 20 months, during which time they could not even visit me in the US (or could try but face very real risk of being rejected at the border). Is this really the case? The company is not so large and doesn't seem to have much experience of this sort of relocation (even said the relocation package was flights only and wouldn't cover immigration expenses for my wife). I thought we could get K3 so she could at least come with me but not work until the IR1 is processed, but it seems thats not really an option (I read only 15-20 K3 visas awarded per year over the whole country so obviously I'm missing something). #visa #ir1 #workvisa
This can be complicated. Better consult with immigrational lawyers. Or even have a contract with them to handle your case. Meanwhile, maybe you could start working remotely.
work remotely where?
As a spouse, you will be able to sponsor her greencard immediately, but I am not sure of the timeline for approval. A friend"s wife had to remain in Canada almost nine months while her paperwork was being. processed.
What I am seeing online is 15-23 months at the moment because of covid delays. And during that time she wouldn't be able to visit or its risky because border agent has discretion to reject entry on tourist visa if she has plans to immigrate.
My friend's GC processing was in 2019 and she did remain in Canada the entire time. You should pay for an hour consultation with an attorney. My husband is also Canadian and was able to work in the US while his greencard was being processed, but that was a long time ago.
Can't you just have her fill out an Adjustment of Status (I-485) at the same time that she fills out her (I-130) when she comes to "visit" you in the US? It's a loophole that is used a lot, in order to legally overstay her visa (her ESTA) and then apply for her green card all while "visiting" you in the US. When she enters the US she needs to show that she has no intention of overstaying, by proving that she has booked a ticket to go back to the UK within her 3 months ESTA stay, but then she will suddenly have a change of heart during her stay (per the way the weird but convenient law behind the I-485), and decide that she can't live without being by your side, and then legally overstay. This way she will never leave your side. You can even technically travel on the same flight together, but in the eyes of CBP she plans to only "visit" and fly back in less than 3 months. The downsides are that she is not allowed to leave the country until her green card is approved and she will not be able to work in the country. If she has a remote job in the UK, you can admit that during her green card application, and pay whatever taxes are owed to the US. There is a tax treaty between the US and UK, so she shouldn't be double taxed. She needs to also make sure she doesn't fill out an I-130 before she leaves the US, otherwise CBP won't let her into the country, as they can assume that based off the circumstances she will probably fill out an I-485 and overstay.
I think the OP needs to see an attorney. I think if you lie about your intent when entering the country it may cause problems down the road.
Thanks. For others reading we spoke with an attorney and this is the right answer. Crazy system.
Are you guys married? The use of the term spouse is throwing me.
That's what the visa system uses. Yeah we are married 10 years living in UK.