Moving back to the States

Hi, my USC husband and I (UKC) are planning to move back to the States, but can I ask a couple of quick questions?

~ We are self-employed, and just started earning enough to pay taxes 2 years ago. We didn't realise that hubby should have been filing US accounts/paying US taxes until a couple of weeks ago. Would he need to file retroactive accounts in the US before we plan the move?

~ Would our being self-employed still be valid in terms of work over there? We have accounts to prove income, etc, and actually around 80% of our customers are in the US.

~ Would it be better to make the application for me to move there with him while we're still in the UK, or better to move there then make the application? I need to be able to work while the petition is open.

I've spent hours scouring online for this stuff but am finding the bureaucracy of it v overwhelming and confusing, so I hope it's ok to ask here.

Thanks so much.

Hi, my USC husband and I (UKC) are planning to move back to the States, but can I ask a couple of quick questions?

~ We are self-employed, and just started earning enough to pay taxes 2 years ago. We didn't realise that hubby should have been filing US accounts/paying US taxes until a couple of weeks ago. Would he need to file retroactive accounts in the US before we plan the move?

~ Would our being self-employed still be valid in terms of work over there? We have accounts to prove income, etc, and actually around 80% of our customers are in the US.

~ Would it be better to make the application for me to move there with him while we're still in the UK, or better to move there then make the application? I need to be able to work while the petition is open.

I've spent hours scouring online for this stuff but am finding the bureaucracy of it v overwhelming and confusing, so I hope it's ok to ask here.

Thanks so much.

I don't have specific advice per se, but when I (USC) and my husband (UKC) wanted to move to the USA, he came over on the Visa Waiver Program. We applied well before it expired and he received an extension while his application was processed. We filed our taxes when we returned - joint. We went to a tax specialist.

It took under three months for him to apply, get a work permit, and then his green card. This was back in 2012.

I don't have specific advice per se, but when I (USC) and my husband (UKC) wanted to move to the USA, he came over on the Visa Waiver Program. We applied well before it expired and he received an extension while his application was processed. We filed our taxes when we returned - joint. We went to a tax specialist.

It took under three months for him to apply, get a work permit, and then his green card. This was back in 2012.

Just to note though, you aren't supposed to do it this way. If you intend to live in the US together, you should apply for a US spousal visa before moving.

If you arrive in the US on the visa waiver program with the intention of adjusting status and getting a green card, you may be denied entry as you would be intending to move to the US without a valid visa.

Just to note though, you aren't supposed to do it this way. If you intend to live in the US together, you should apply for a US spousal visa before moving.

If you arrive in the US on the visa waiver program with the intention of adjusting status and getting a green card, you may be denied entry as you would be intending to move to the US without a valid visa.

IIRC it is allowed if spouse is a USC and you do it before the 6 month stay is up; the UK does it differently. I do agree that you should try and apply beforehand if your situation allows it. We were moving back from abroad from the Middle East during the Arab spring so we couldn't stay! The embassy staff were all leaving.

IIRC it is allowed if spouse is a USC and you do it before the 6 month stay is up; the UK does it differently. I do agree that you should try and apply beforehand if your situation allows it. We were moving back from abroad from the Middle East during the Arab spring so we couldn't stay! The embassy staff were all leaving.

It is not allowed, not at all.

It is not legal to enter on the VWP with the intention to do anything other than visit.

This is advice that could jeopardise someone's visa in the U.S. -- if the IO decides that they fraudulently used the VWP to settle there is a ban involved for attempting to use deception.

Some people have successfully adjusted status on the VWP in the US after marriage, providing the situation is that they didn't INTEND to stay when they entered. That is not the case here, and it's not a good idea to advise that someone misuse the VWP.

To add to that, you also cannot stay in the US for 6 months on the Visa Waiver Program. The VWP allows you to stay for no more than 90 days.

You can only visit the US for up to 6 months if you have a B1/B2 visitor visa. If you enter without a visa on the VWP it's 90 days only.

What he should have done, if you knew you were intending to move to the US together, was return to the UK, apply for the spousal visa from there and then move to the US once it had been granted.

Sent from my iPhone using Tapatalk

From the official US government website:

Change of Status
Persons admitted under the Visa Waiver Program are not permitted to change status in the United States. See Change My Nonimmigrant Status on the U.S. Citizenship and Immigration Services (USCIS) website.

So while it is technically possible to successfully change status from the VWP, it is not supposed to be done. It's basically a special circumstances situation whereby you did not plan or intend to stay upon entry to the US, but plans changed last minute after entry and it was your only option.

So you should not be advising anyone to enter the US as a visitor with the intention of adjusting status - that could get them into trouble with US immigration... they could be denied entry, which would render them ineligible to ever travel to the US without an advance visa for the rest of their life (and applying for a US visitor visa in advance is expensive and a massive pain - I know... I've done it twice myself).

When you enter the US on the VWP you have to be able to show you will leave the US within 90 days, you have no intention of living in the US and you have a life to return to in your home country (a home/job to go back to).


Sent from my iPhone using Tapatalk