# Intentions to move to USA in a couple of years



## Mrburrito (Feb 6, 2010)

Hello 

Im a British citizen living in London with my American Wife. We've been here for a year and have recently spoke about moving back to USA within the next couple of years.

What is the process for doing so? Can i apply for my greencard now even though we live in the UK but have intentions to move in a couple of years?

Does being married for more than two years speed up my process of getting residency there?

One more thing.

I went to America on a J1 visa a couple of years ago, spent almost 2 years there(where I met my wife). During the process of the application process for my J1 i totally forgot to mention a careless driving conviction i had 9 years earlier. At the time of doing the application It just never popped into my head. I should have stated that i had been convicted when asked about any convictions. I wasn't trying to hide it because i knew it wouldn't make me ineligible for the visa anyway. All it was , was i reversed into someones car and was fined for it. Nothing big but its got me thinking that I've screwed up.

I ended up getting the Visa and had no problems at all in the USA.

My wife and I are so excited to move back to USA and hope this doesn't hinder us.

Any advice would be very appreciated.

Thanks.


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## Fatbrit (May 8, 2008)

Your best bet is the IR1/CR1 immigrant visa. The CR1 is for those married less than 2 years, the IR1 for those with more. The difference is that the IR1 requires an extra step to continue living in the US 2 years after first entry.

Initial filing of the I-130 to start the process is usually with USCIS in the US, and this will take around 9 months from initial filing to visa issue if there are no complications. However, if your wife is suitably resident in the UK, they allow you to file directly with the USCIS unit at the consulate and this shaves around 3 months off the processing time. The visas are a one-shot deal whereby you must enter the US within 6 months of them being issued. On entry, you are a permenant resident with the right to live and work permanently in the US.

The failure to declare your conviction could well cause complications to the process. I'd suggest you have at least a one-off consultation with a US immigration attorney to get their take on it.


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## Mrburrito (Feb 6, 2010)

Thanks for your help. I'll seek a lawyer to make sure.

My offence was so little and all i recieved was a fixed penalty. I'm so annoyed that I didnt remember when I was applying.

Do you think this could make me ineligible to move to the US?


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## Mrburrito (Feb 6, 2010)

Does anyone know/think that by not putting down my careless driving fine i can be uneligible to ever move to the States?


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## Fatbrit (May 8, 2008)

Mrburrito said:


> Do you think this could make me ineligible to move to the US?


I doubt it. But it could well add time to your application. Probably best to discuss it with an immigration attorney to get a professional opinion. If you don't deal with it now, it'll haunt you all the way through your immigration journey.


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## Mrburrito (Feb 6, 2010)

Fatbrit said:


> I doubt it. But it could well add time to your application. Probably best to discuss it with an immigration attorney to get a professional opinion. If you don't deal with it now, it'll haunt you all the way through your immigration journey.


OK thanks.

Does not stating my conviction on my visa application affect my use on the VWP? I never lied, It was just a mistake to not remember.


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## Fatbrit (May 8, 2008)

Mrburrito said:


> OK thanks.
> 
> Does not stating my conviction on my visa application affect my use on the VWP? I never lied, It was just a mistake to not remember.


You should still be okay for the VWP.

The questions on ESTA and the I-94W asks:
B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?

You've only got a conviction for one offense, and it is neither a CIMT nor a drug offense.

But the question on your J1 form presumably asked whether you had ever been arrested or convicted for any offense, and this is where you made erred. But I don't think it's the end of the world.


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## Mrburrito (Feb 6, 2010)

Fatbrit said:


> You should still be okay for the VWP.
> 
> The questions on ESTA and the I-94W asks:
> B) Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or have been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or have been a controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
> ...


Thanks. 

All I can do now is to put my conviction down on my greencard application and hope they dont ask too many questions about why this wasn't on my J1 visa application.

Fingers crossed!


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## Zoom (Jul 7, 2008)

Mrburrito said:


> Does anyone know/think that by not putting down my careless driving fine i can be uneligible to ever move to the States?


How cute, look how freaked out and scared the US Government already has you - Wow, if they ever saw all this fear they've created they'd just love it - a group "**** - a - thon" would probably be in order. What did you do again? Backed up into another car and slightly bend some sheet metal? Check this out amigo, you mistakenly bumped into a car backing up while they murder people EVERYDAY in the middle east (and else where - covert kinda stuff - CIA, NSA, etc) and allowing health insurance companies to deny treatment and coverage to very sick people who later die due to lack of treatment. Don't worry about your little driving infraction. You start changing your story, no matter what - be it true or false, big or small - and that's when they're gonna block you. 

See, it's the clowns that work for immigration (I see their ego-ed out, we're superior, little attitudes all the time when I come back to the states from overseas trips. They've actually said, "Good to be back home isn't it" and "welcome back home" to me when stamping my USA passport. Well, the answer is actually NO, would have preferred a much longer stay away to tell you the truth, did miss all the random gun shootings though) that think they're James Bond (when actually they're more like Maxwell Smart - Agent 86) and we all know those are the most dangerous..... Government peeps full of self delusion, those effed up types ......

To tell you the truth, I have no idea, besides the nice weather in certain parts of the country, why people are dying to immigrate here from some pretty nice places. This is not the USA of JFK, optimism, and massive Innovation...... this is the America of stolen elections by Bush, more talk than action by Obama, endless wars, increasing street/gun violence but decreasing levels of education, health care fiasco's, terrorism, and declining wages. Why on earth does ANYBODY wanna come here? You're AT LEAST 30 years too late all my wonderful Peeps !!! Zoom


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## Mrburrito (Feb 6, 2010)

Zoom said:


> How cute, look how freaked out and scared the US Government already has you - Wow, if they ever saw all this fear they've created they'd just love it - a group "**** - a - thon" would probably be in order. What did you do again? Backed up into another car and slightly bend some sheet metal? Check this out amigo, you mistakenly bumped into a car backing up while they murder people EVERYDAY in the middle east (and else where - covert kinda stuff - CIA, NSA, etc) and allowing health insurance companies to deny treatment and coverage to very sick people who later die due to lack of treatment. Don't worry about your little driving infraction. You start changing your story, no matter what - be it true or false, big or small - and that's when they're gonna block you.
> 
> See, it's the clowns that work for immigration (I see their ego-ed out, we're superior, little attitudes all the time when I come back to the states from overseas trips. They've actually said, "Good to be back home isn't it" and "welcome back home" to me when stamping my USA passport. Well, the answer is actually NO, would have preferred a much longer stay away to tell you the truth, did miss all the random gun shootings though) that think they're James Bond (when actually they're more like Maxwell Smart - Agent 86) and we all know those are the most dangerous..... Government peeps full of self delusion, those effed up types ......
> 
> To tell you the truth, I have no idea, besides the nice weather in certain parts of the country, why people are dying to immigrate here from some pretty nice places. This is not the USA of JFK, optimism, and massive Innovation...... this is the America of stolen elections by Bush, more talk than action by Obama, endless wars, increasing street/gun violence but decreasing levels of education, health care fiasco's, terrorism, and declining wages. Why on earth does ANYBODY wanna come here? You're AT LEAST 30 years too late all my wonderful Peeps !!! Zoom


Thanks.

It's not so much my conviction that bothered me it's the fact I never declared it on my previous visa. I'm sure they'll ask why I'm only declaring it now.


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## lillois (Jul 18, 2010)

Zoom: This is a very interesting post..! I could write a whole book about my experience of immigrating to the US from France (over 5 years ago). For one I wanted to live differently, conquer a new world, do something meaningful, be as successful as can be, even start a family here... but also travel back on a regular basis to tell people about it, and touch base with home.
Some of it is happening, the last part much less that I thought. My overall feeling is this is talkng a big toll on me.. getting old and still have no health insurance because I have no idea how to trust a private company that can deny you coverage almost at their convenience. Retirement plans??? no idea, France's is gone, US's not started.. no idea here too. Florida sun? it just burns you, unless you are freezing in your cubicle, looking at a grey wall. Then again, France had speed radars popping up everywhere trying to take money from you, and the good old 20% V.A.T. (tax), gas and car maintenance prices getting out of hand. Dang, what to do.


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## skonegni (Oct 29, 2009)

Mrburrito said:


> Thanks.
> 
> It's not so much my conviction that bothered me it's the fact I never declared it on my previous visa. I'm sure they'll ask why I'm only declaring it now.


Mr. Burrito,

I understand your ethical concern, but would ask if there is a difference between a criminal and traffic offense in the UK? I recently retired as a COP in the US and doubt that your traffic "conviction" is of any concern. In the US, as you described it, the conviction would be a civil offense or at most a petty offense and would be considered trivial at best. If clarification is needed, have your attorney describe the offense in terms that would be the US equivalent for the same infraction. I suspect yours was nothing more than inattentive driving, or what I refer to as driving while mentally else where. Something everyone does at one time or another in their driving careers. AKA, accidents. 
If however, your infraction was equivalent to a reckless driving (this means reckless disregard for the safety and well being of others) then you would have been convicted of a criminal offense and that would probably require you to explain your culpability in the incident. 
Usually, the major difference in determining the severity is whether or not you faced potential incarceration if found guilty(criminal). If it was more along the lines of a civil or petty offense, in which case you would have faced nothing more than points against your license and monetary fines. I suspect yours is the latter.
I don't know if I eased your mind at all, but thats the problem with having personal ethics and a conscience. Heck, I'll sponsor you!
Good luck and I do agree with the idea of getting an attorney's opinion and having the peace of mind that an expert in immigration law can give you. 
If none of that works just come in through Mexico. It must work, cause there's over eleven million who will probably get their citizenship for being dishonest. Change.
Seriously, good luck.


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