hypothetical scenario

This is a longshot, but I thought I'd ask about what we'd do anyway.

Steve has been approached about a possible (and I mean it's a longshot) job in Kentucky with a really nice salary and we're not sure what the visa and settlement requirements would be if he took it.

I just settled in the UK with my brand new spousal visa. I suppose this means he would have to get a K-1 visa, but I thought you couldn't work for 6 mts on that, is that right?

Also, if you have ever been to Kentucky (we're not sure where it would be in the state), can you tell me if you liked it and anything you might know about it.

Thanks!

I've driven through Kentucky a few times, and thought it was really pretty.  I've not really done much in the state!   

I suppose this means he would have to get a K-1 visa, but I thought you couldn't work for 6 mts on that, is that right?

He would need a K3, (using the forms I-130 followed by the I-129F) as a K1 is for fiance(e)s only. Or, you could file just the I-130 alone for permanent residency from the get-go, (with the K3 he'd either have to adjust status in the States or return to the UK to follow through with the I-130).

Either route would take several months, probably closer to 8-10 rather than 3-4 and you'd have to file through a service centre in the US.

It's not as straightforward or easy to get a visa to the US as it is to the UK.

Couldn't he come in on a work permit and while he waits for permanent residency? 

Couldn't he come in on a work permit and while he waits for permanent residency? 

There is a limit to the amount of work permits unlike spousal visas.

Couldn't the employer apply on his behalf though?

Couldn't the employer apply on his behalf though?

The employer has to - just the same as for jobs here in the UK where a visa is needed.

The amount of visas is capped every year and they are usually all applied for in October, I think it is.

Visas for immediate relatives of USCs, i.e. children and spouses are not capped so are unlimited in the amount that can be granted.

The employer has to - just the same as for jobs here in the UK where a visa is needed.

The amount of visas is capped every year and they are usually all applied for in October, I think it is.

Visas for immediate relatives of USCs, i.e. children and spouses are not capped so are unlimited in the amount that can be granted.

This is right: if Steve isn't already working for this company in the UK then he will need an H1B visa.  There are no H1B visas available at the moment as the cap has already been reached.  The earliest the Kentucky employer could apply for an H1B would be April 2007 and that visa would then be issued after October 1st 2007.  The K3 roue will probably be (marginally) quicker.

The company is both here and in the US, so if they employed him in the UK and moved him to the US to work at their branch there, the company would have an easier (and shorter) route right?

That is what I'm deducing, please correct me if I'm wrong. This is a whole new system for both of us, we're both so used to the british system.

Failing that, could he enter the US as a visitor on business (working for the UK branch of his company) and therefore be bound under the visa waiver rules while we apply for his permanent residency in the US?

Thank you so much everyone for sharing your knowledge on this subject.

I can't help with the visa questions, but I'm from KY.  Grew up in Northern KY and my Mom's family is from Eastern KY.
Northern KY is basically a suburb of Cincinnati, OH.  The larger cities in Northern KY are Covington, Newport, and Florence.  There is the Northern KY/Greater Cincinnati airport which has a direct flight to Gatwick. 
It was a decent place to grow up in.  I have not lived in that area since 1997 though. 

You might find this page on the US Embassy site helpful to a degree, also this page from the USCIS site might offer information. Though that last link is pertinent to employers rather than employees it will give you an insight as to the processes.

Failing that, could he enter the US as a visitor on business (working for the UK branch of his company) and therefore be bound under the visa waiver rules while we apply for his permanent residency in the US?

There is a problem with entering under the VWP with intent to adjust status in that it is illegal. If he were to enter with a B1, (visitor for business as opposed to the B2 which is visitor for pleasure) then I know that it's possible to marry whilst on this visa but I am not clear on whether it's a dual-intent visa, (meaning that AOS would be possible). I highly doubt it though.

Maybe you should seek the advice of a US immigration attorney on this one, just to clarify your options.

thanks! If anything comes of it, we'll do that

The company is both here and in the US, so if they employed him in the UK and moved him to the US to work at their branch there, the company would have an easier (and shorter) route right?

That is what I'm deducing, please correct me if I'm wrong. This is a whole new system for both of us, we're both so used to the british system.

Failing that, could he enter the US as a visitor on business (working for the UK branch of his company) and therefore be bound under the visa waiver rules while we apply for his permanent residency in the US?

Thank you so much everyone for sharing your knowledge on this subject.

If Steve has been working for the Uk arm of the US company for 1 year than he can move to the US on an L1 visa - this is a visa for solely for company transferees.  There are no annual limits on the number of L1 visas issued.

If Steve doesn't already work for the UK arm, then clearly the L1 isn't an option until he has racked up a years service in the UK.  However, if the UK has a blanket L1 petition (common in companies that tranfer a lot of people) Steve only needs to work for them for 6 months before being transferred.

The L1 is also a dual intent visa - so there will be no problems with Steve adjusting his status once he has arrived in America.  Adjusting status on the VWP is a no-no.