Green Card application minefield?

Green Card application minefield?

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dvs_dave

Original Poster:

8,997 posts

231 months

Tuesday 11th May 2010
quotequote all
I've been offered a job in Chicago, however it's of course dependent on me having a work permit. I'm soon to marry a US citizen (I'm a UK citizen) though I'm not 100% sure what documents I need in order to actually move to the US with her and start work. Do I actually need a green card or is there another Visa that will cover it?

There don't seem to to be any clear step by step instructions available as to how exactly to do it and all websites that claim to offer it want to charge for the privilege. Is this the norm?


kilty2

226 posts

177 months

Tuesday 11th May 2010
quotequote all
I have done something similar – even down to the location - I am an Ex-Pat Scot living just west of Chicago (Naperville).

In my case, I was working here on a L1 visa (only good for the Scottish company that transferred me from the UK) and when they decided to close their US facility I was forced to move back to the UK. In the interim, however, I had already experienced the “Boy meets Girl” thing.

I came back into the country on Fiancée Visa, got married – which gave me a work permit, and then applied for a Green Card. All this was done through a Chicago based lawyer. It cost around $2500 IIRC but was worth every penny as they organized all the paperwork, interviews etc.

I did this back in 1998 (pre 911) and it was a minefield then – now I would suggest it is almost essential to use an immigration lawyer. In fact one of our ex-pat friends just got removed from the country due to an error in their paperwork that had been filed by their UK based lawyer.

I you want – drop me an email and we can discuss this further off line.


Edited by kilty2 on Tuesday 11th May 15:48

EK993

1,944 posts

257 months

Tuesday 11th May 2010
quotequote all
This website should give you all the information you require:

http://britishexpats.com/forum/forumdisplay.php?f=...

And this thread in particular:

http://britishexpats.com/forum/showthread.php?t=58...

Matt Harper

6,729 posts

207 months

Tuesday 11th May 2010
quotequote all
If you plan to relocate before your nuptuals, you need a K1 visa. You then adjust status, once you have arrived and after your marriage (within 90 days of arrival). You can't work until you have adjusted status to Conditional LPR and have applied for and received an Employment Authorization Document (EAD). Once married for 3 years you may have the LPR conditions lifted - and after 5 yrs you can apply for naturalization.
Get prepared to jump through some hoops. I'm working in Chi-town tomorrow and Thurs. It's a great place, but sucks pole (see what I did there?) in the winter.

dvs_dave

Original Poster:

8,997 posts

231 months

Wednesday 12th May 2010
quotequote all
We're looking to relocate once we're married and to complete the green card application process from the UK (form I-130) which on the face of it "seems" pretty straight forward, but I'm not so sure hence the questions. One thing I'm not clear on, does approval of the I-130 which is I understand to be for permanent residence also allow you to work?

Does anyone have any contacts in London that they'd recommend?

kilty2

226 posts

177 months

Wednesday 12th May 2010
quotequote all
Just checked your profile Matt - to ensure I am covered.....

On the assumption that you are a native to these shores (non indigenous of course wink) I am now going to call you a "Southern Jessie"

biglaugh

As a native of Glasgow (Scotland) the climate here in Chicago is pretty sweet - the only thing I miss is the long Summer nights (Glasgow has a Latitude of 55.8 North which puts it 'up there' in US terms).

Winters here are proper, decent amount of snow (good fun with rwd) and Summers outside are hot, but bearable, unlike Florida (IMHO).

<Monty Python>
When I were 'nipper we used to go swimming in the sea (North or Atlantic as both were within 50 miles laugh) - and we thought it were balmy!
</Monty Python>

Mind you, I'd give my right testicle to justify an 'in ground' pool wink like you guys all have down there.

Matt Harper

6,729 posts

207 months

Wednesday 12th May 2010
quotequote all
dvs_dave said:
We're looking to relocate once we're married and to complete the green card application process from the UK (form I-130) which on the face of it "seems" pretty straight forward, but I'm not so sure hence the questions. One thing I'm not clear on, does approval of the I-130 which is I understand to be for permanent residence also allow you to work?

Does anyone have any contacts in London that they'd recommend?
I think you may be able to file a concurrent EAD application with your I-130 - but I'm not certain.
These guys will sort you out (London-based). www.usvisalawgroup.com

Matt Harper

6,729 posts

207 months

Wednesday 12th May 2010
quotequote all
kilty2 said:
Just checked your profile Matt - to ensure I am covered.....

On the assumption that you are a native to these shores (non indigenous of course wink) I am now going to call you a "Southern Jessie"

biglaugh

As a native of Glasgow (Scotland) the climate here in Chicago is pretty sweet - the only thing I miss is the long Summer nights (Glasgow has a Latitude of 55.8 North which puts it 'up there' in US terms).

Winters here are proper, decent amount of snow (good fun with rwd) and Summers outside are hot, but bearable, unlike Florida (IMHO).

<Monty Python>
When I were 'nipper we used to go swimming in the sea (North or Atlantic as both were within 50 miles laugh) - and we thought it were balmy!
</Monty Python>

Mind you, I'd give my right testicle to justify an 'in ground' pool wink like you guys all have down there.
Hi Kilty - not native, I'm a Yorkshireman - and a US novice compared to you, by the sound of things. I moved here (on an L1-A) in 2001.
I travel quite extensively with work - and as luck would have it, I'm in Chitown tonight - here's what I'm looking at right now:

I love this town - but not in the winter.

kilty2

226 posts

177 months

Wednesday 12th May 2010
quotequote all
Yorkshire eh...scratchchin - then you're not a Southern Jessie after all.

Looks like a view from the Sheraton?

My orignal company sponsored visa was an L1B (specialist design knowledge). But as you mention above when I came back into the country under my own steam I used a K1.


Matt Harper

6,729 posts

207 months

Wednesday 12th May 2010
quotequote all
Nay, lad, no southern jessie (though central FL has softened me up a bit).

Right on the numbers with the Sheraton - I'm impressed.

Working at Rush Uni Med Center today - and Resurrection Med Center tomorrow, so am at the Sheraton out at O'Hare tonight.

What a miserable bloody day (weather-wise). It was 92 degrees when I left home yesterday....

GavinPearson

5,715 posts

257 months

Thursday 13th May 2010
quotequote all
dvs_dave said:
I've been offered a job in Chicago, however it's of course dependent on me having a work permit. I'm soon to marry a US citizen (I'm a UK citizen) though I'm not 100% sure what documents I need in order to actually move to the US with her and start work. Do I actually need a green card or is there another Visa that will cover it?

There don't seem to to be any clear step by step instructions available as to how exactly to do it and all websites that claim to offer it want to charge for the privilege. Is this the norm?
You will need to get familiar with the rules of the USCIS. Go this website and take a look....

http://www.uscis.gov/portal/site/uscis

As I see it you basically have two options:

1) Get married in the UK, apply for a Green Card with an I-130, wait in the UK to be processed then go when you have good paperwork. Going through the US Embassy may shorten times considerably.

2) Get a visa to get married in the US, get married, apply for a Green Card with an I-130, you should have an appointment for work authorization within a month (red card with thumbprint) and a Green Card in around 9 months depending on the USCIS center used for processing.

There are pros and cons to both, though the USCIS is very good about publishing processing times so that may help you in making a decision.

Bear in mind that once you get a Green Card you need to be on American soil within 3 months, so you need to be ready to go if you are applying from the UK.

unrepentant

21,671 posts

262 months

Saturday 22nd May 2010
quotequote all
If you apply for a K-1 be aware that you are not allowed into the US whilst the application is being processed. Mine took 7 months............ Once in the US on a K-1 you have to marry within 90 days and then apply for your status to be adjusted. During that period (however long it takes to marry plus the adjustment period of 60-90 days) you cannot work.

dvs_dave

Original Poster:

8,997 posts

231 months

Monday 31st January 2011
quotequote all
So, a quick update. I finally got my Green card approved last week by the Embassy in London so we're looking to move at the end of March. smile

Whilst I'm here in the UK is there anything that I could be getting a head start on with regards trying to build up some sort of credit history? I'm led to belive that without a credit history in the US things will be difficult for the first few months?

My wife already has a bank account in the US although due to us living here in the UK the account hasn't seen any activity for some time. How difficult would it be to turn this into a joint account from the UK and then say apply for a store card, mobile phone contract etc. with it?

Whatty

598 posts

187 months

Monday 31st January 2011
quotequote all
Congrats on the Green Card approval.

As your missus has a bank a/c you may find things a bit easier re credit card etc.

8 years since I wound up here full time so bear with me.

On arrival I opened a current account with Bank of America, got a debit card, cheques etc.

After a couple of months of using my British credit card I applied for a c/card through BoA and was offered a Visa with whopping limit of $500 against a security depost of $100. So in effect a $400 limit. I used this constantly ensuring I paid it off well before the due date and in fact overpaying. After three months and having shown I was good for it the limit was increased to $1000, then $1500 and within 12 months no limit. Within 18 months my mailbox was flooded with c/card offers biggrin

Pretty sure my cell phone service with Verizon was based on the same security deposit deal.

Social security number and drivers license, utility bills are the magic talismans which really help things along and would be my priority but I guess you can't do anything abou those before getting here? You'll need a Social Security card before your State will issue a Driving License.

At first the red tape can seem a bit daunting and the 'officials' a bit cretinous so be patient readit

Cheers!

Edited by Whatty on Monday 31st January 16:01

adamfogerty

144 posts

196 months

Monday 31st January 2011
quotequote all
Although a mute point now given the OP has his green card, I'd like to correct one bit of misinformation in this thread - if entering on a K-1 you can work before your adjustment of status is completed. You can file for both at the same time & your EAD will almost certainly be processed first.

Also, I'd disagree with the comments about a lawyer being necessary. You may feel more comfortable using a pro. and I've no issue with that - but with some hard work it's possible to do it yourself. You'll save a some cash, but IMO more importantly you'll learn a hell of a lot and be in complete control of the process from start to finish.

Thanks,

Adam

kilty2

226 posts

177 months

Tuesday 1st February 2011
quotequote all
Congrats on the Green card biggrin.

Adam you are correct - I received my EAD within a month of my moving here (2 days before I got married). The adjustment of status took a lot longer. We used a 'legal eagle' for my K1 simply to expedite the process as I wanted to be able work as quickly as possible, and ensure I entered the country legitimately. I renewed my GC last year without external help and it was straightforward, although some of the forms can be a little laborious.

A credit history is not too difficult to build up, it just takes time. One thing to note though, the more credit applications you make, can also negatively impact your rating. I was fortunate that my wife was a current resident with a good credit rating. We rented a couple of apartments for 18 months and during that time I transferred some of the utility bills under my name to build a history.

dvs_dave where are you planning on living, in the City, or in one of the ‘burbs?

Matt Harper

6,729 posts

207 months

Tuesday 1st February 2011
quotequote all
adamfogerty said:
Also, I'd disagree with the comments about a lawyer being necessary. You may feel more comfortable using a pro. and I've no issue with that - but with some hard work it's possible to do it yourself. You'll save a some cash, but IMO more importantly you'll learn a hell of a lot and be in complete control of the process from start to finish.
Same applies to dentistry - what could go wrong, eh?

kilty2

226 posts

177 months

Tuesday 1st February 2011
quotequote all
roflroflrofl

GavinPearson

5,715 posts

257 months

Wednesday 2nd February 2011
quotequote all
Congratulations!

Book your tickets and come on over.

If I can make a suggestion.....

Rent a few houses in different areas before you buy.

By doing this you will learn about schools, proximity to the good hospitals and doctors, and about shovelling snow. As I write this I face shovelling (well, I'll get the snowblower out, but it's a lot of work) a huge driveway because my garage is behind my house. At times like these I see the advantage of having the garage door as close to the street as it could get.

When you watch real estate programmes they all say that the schools are fantastic and the doctors are the best, and it is of course a load of tosh because somebody has to come first, somebody last and everybody else comes in the middle.

adamfogerty

144 posts

196 months

Wednesday 2nd February 2011
quotequote all
Matt Harper said:
Same applies to dentistry - what could go wrong, eh?
Thanks.

To continue your analogy - Do you hire an F1 driver to drive you around everywhere because he's a more skilled and qualified driver than you?

Skills required to file a successful visa petition with USCIS - the ability to read and follow instructions.

If you feel you can't manage that, that's okay with me wink

If people want to use a lawyer because they don't have time or aren't interested in the process, then I've no problem with that.

It's all the scare mongering that says you can't possibly navigate your way through the system without a lawyer that I'm taking issue with. It's simply not true.

Thanks,

Adam