# Moving from UK to USA (married to American)



## Zippy0n (Jun 3, 2013)

We want to move to the USA. I'm married to an American, we're currently living in the UK. 
We know that being married is a big help but are there any other requirements? 
What's the difference between a green card and a permanent visa? 
My wife ( American) owns 10% of a business in the USA, where we could both get jobs if needed.
We saw on the USCIS page that you can live in the USA while applying for your green card, is that true? 
Thanks
Dave


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## Bevdeforges (Nov 16, 2007)

Start here: Marriage to a U.S. Citizen | Embassy of the United States
Cheers,
Bev


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## Davis1 (Feb 20, 2009)

you wife files for a spousal visa 

spousal visa 
Immigrant Visa for a Spouse of a U.S. Citizen (IR1 or CR1)


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## twostep (Apr 3, 2008)

Cannot make up you minds, can you:>)
Please make sure your child has both passports!!!!!

If you qualify for DCF that will be the easiest route. Your wife has to have lived in the UK for over six months on a non-tourist visa.

No, you cannot sit out the process in the US. You are already married.

Green Card = resident alien = permanent visa; see uscis.gov "Green Card".

A job is not an income:>) Will your spouse be able to sponsor your Affidavit of Support or will you be able to self-sponsor based on assets?


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## NIbanana (Aug 8, 2014)

Yes you can live in America whilst going through the process. I did that.
Once you file you get a temporary work visa / SS# and I found work straight away in Minnesota. My wife was my sponsor. Sponsor was required to earn a minimum of $17,500 a year. 
All in all we spent near $4,500 on my entire process as we used a lawyer. I was technically an illegal immigrant for 4 months which was due to a family situation. That was not even mentioned during my immigration process at all. 
I then had to attend an immigration interview for my permenant resident card. Which my wife and lawyer were also at and I was welcomed to America within 15 minutes of the interview.


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## Zippy0n (Jun 3, 2013)

NIbanana said:


> Yes you can live in America whilst going through the process. I did that.
> Once you file you get a temporary work visa / SS# and I found work straight away in Minnesota.


-Did you have any special job qualifications? Could I get a temporary work visa by working at my wife's restaurant business? 

-How long did it take for you to get your green card? 

-My wife's parents live there, could they sponsor me ( my wife has only ever worked unpaid in the family business)? 

-How much money would i need to sponsor myself? 
Thanks everyone for your help. 
Dave


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## Davis1 (Feb 20, 2009)

NIbanana said:


> Yes you can live in America whilst going through the process. I did that.
> Once you file you get a temporary work visa / SS# and I found work straight away in Minnesota. My wife was my sponsor. Sponsor was required to earn a minimum of $17,500 a year.
> All in all we spent near $4,500 on my entire process as we used a lawyer. I was technically an illegal immigrant for 4 months which was due to a family situation. That was not even mentioned during my immigration process at all.
> I then had to attend an immigration interview for my permenant resident card. Which my wife and lawyer were also at and I was welcomed to America within 15 minutes of the interview.



you are way out od date ...


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## NIbanana (Aug 8, 2014)

Davis1 said:


> you are way out od date ...


What do you mean I am out of date?
I got my permenant resident card in 2009. Has it changed that much already?

We started the process in March 2008 and I got issued my permenant card in September 2009. There was a huge back log at the time in Minnesota so it took ages. Though I was issued my temporary work permit within 9 weeks of applying I believe.


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## NIbanana (Aug 8, 2014)

Zippy0n said:


> -Did you have any special job qualifications? Could I get a temporary work visa by working at my wife's restaurant business?
> 
> -How long did it take for you to get your green card?
> 
> ...


From what I know from my own personal situation was that any US citizen can sponsor you. As long as the earn over the required level of income. In 2008 it was $17,500 in Minnesota. My at the time boss offered to sponsor me. My wifes Grandparents were not able to as it has to be somebody in employment and he was a retired LT.COL of the US Army with a lot of money to his name and even that held no sway. 

I had zero special qualifications. I was a web developer. Now at University though.

Green card took from March 2008 to September 2009.

I have no idea about how to sponsor yourself. I imagine a lot of money would be required.


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## twostep (Apr 3, 2008)

NIbanana said:


> Yes you can live in America whilst going through the process. I did that.
> Once you file you get a temporary work visa / SS# and I found work straight away in Minnesota. My wife was my sponsor. Sponsor was required to earn a minimum of $17,500 a year.
> All in all we spent near $4,500 on my entire process as we used a lawyer. I was technically an illegal immigrant for 4 months which was due to a family situation. That was not even mentioned during my immigration process at all.
> I then had to attend an immigration interview for my permenant resident card. Which my wife and lawyer were also at and I was welcomed to America within 15 minutes of the interview.



You have been posting all sorts of things recently. Let's cut to the chase because people here are generally asking serious questions. Personal "I was illegal but I was not" has nothing to do with OP's questions. Unless you can give details about your process - count your blessings.


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## NIbanana (Aug 8, 2014)

twostep said:


> You have been posting all sorts of things recently. Let's cut to the chase because people here are generally asking serious questions. Personal "I was illegal but I was not" has nothing to do with OP's questions. Unless you can give details about your process - count your blessings.


Well I did give details about my process. I will go count my blessings now.
Well to give any information. I was originally in America on a visa waiver and stayed on after the 90 days. So yes that makes it illegal. Hence the lawyer etc. Sorry it is not " serious " enough for somebody so damn touchy like yourself.


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## Crawford (Jan 23, 2011)

NIbanana said:


> Well I did give details about my process. I will go count my blessings now.
> Well to give any information. I was originally in America on a visa waiver and stayed on after the 90 days. So yes that makes it illegal. Hence the lawyer etc. Sorry it is not " serious " enough for somebody so damn touchy like yourself.


So you entered on the VWP and then stayed..... yes, that it illegal. You COULD have failed in the AOS - you did not - but other have.

The "proper" way to emmigrate to the US with a spouse visa is that the US spouse applies for the visa, and then the non US spouse enters the US when the visa is issued. Depending on which route you take DCF or apply via the US it could take between 6 and 9 months (some say even longer these days). The non US spouse can visit the US spouse if the US spouse returns to the US before them.

The non US spouse gains permanent residency when he/she enters the country and the approval for employment arrives about 3 months later.


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## twostep (Apr 3, 2008)

NIbanana said:


> Well I did give details about my process. I will go count my blessings now.
> Well to give any information. I was originally in America on a visa waiver and stayed on after the 90 days. So yes that makes it illegal. Hence the lawyer etc. Sorry it is not " serious " enough for somebody so damn touchy like yourself.


Would you mind to keep your language clean please? Thank you!

Advising a poster asking serious questions on visa fraud is not something this forum is about. If your marriage was spontaneous in the eye of the law or not I do not know. Overstays can be forgiven. They cannot be forgiven. We have had both results of this gamble here and on other forums. 

OP is discussing marriage and visa options so the spontaneous is not given.


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## Zippy0n (Jun 3, 2013)

My wife has only worked for the family business her whole life and here in the uk she's a homemaker. My wife hasn't been given any salary through her family's business ( which she owns 10%) so she has never filed taxes, Will that present a problem? Also, since her parents would have to do 100% of the support, would that present a problem?

Thanks for your help,
Dave


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## Bevdeforges (Nov 16, 2007)

Zippy0n said:


> My wife has only worked for the family business her whole life and here in the uk she's a homemaker. My wife hasn't been given any salary through her family's business ( which she owns 10%) so she has never filed taxes, Will that present a problem? Also, since her parents would have to do 100% of the support, would that present a problem?
> 
> Thanks for your help,
> Dave


Ultimately, she's probably going to have to back file for three years in order to "prove" that she owes no taxes. As long as the family business is back in the States, her ownership interest is pretty much irrelevant for tax purposes.

If her parents are providing the support, then they'll have to file as co-sponsors for your visa.
Cheers,
Bev


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## Davis1 (Feb 20, 2009)

Internal Revenue Service (IRS) | Embassy of the United States


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## twostep (Apr 3, 2008)

Zippy0n said:


> My wife has only worked for the family business her whole life and here in the uk she's a homemaker. My wife hasn't been given any salary through her family's business ( which she owns 10%) so she has never filed taxes, Will that present a problem? Also, since her parents would have to do 100% of the support, would that present a problem?
> 
> Thanks for your help,
> Dave


As 10% owner of a business she should have income. A business not showing profit after a specific time is considered a hobby.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> As 10% owner of a business she should have income. A business not showing profit after a specific time is considered a hobby.


Depends on how the business is set up. If it's a real corporation and pays its own taxes, then the only income the 10% would have would be any dividends paid out or gain or loss on transfers of stock in the company.

If it's a partnership or another sort of business where the income passes to the owners, then yes, she would be expected to report that income. 
Cheers,
Bev


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## Bellthorpe (Jun 23, 2013)

twostep said:


> As 10% owner of a business she should have income. A business not showing profit after a specific time is considered a hobby.


Oh dear. I'd better show your post to my accountant. She'll be disappointed that all her work the last two decades has been for naught.


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## twostep (Apr 3, 2008)

Bellthorpe said:


> Oh dear. I'd better show your post to my accountant. She'll be disappointed that all her work the last two decades has been for naught.


Some states downgrade business to hobby after a specific number of years.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> Some states downgrade business to hobby after a specific number of years.


The Feds, too. For those reporting business expenses on a Schedule C I think the rule is that you have to show a profit at least 2 years out of 7, otherwise it's considered a hobby and the expenses (in fact, the whole Schedule C) is disallowed - of course any income you received from your hobby still has to be reported.
Cheers,
Bev


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