I need clarification on application conditions

Helllo again , for those of you reading this that do not know me, I am a US citizen, married to English husband & living in UK for past 10 years, we are now moving back to my home state of Washington.

QUESTION : I phoned the US Embassey in London, for clarrification on a question on the form -  >:(IT COSTS £1.30 PER MINUTE TO SPEAK TO SOMEONE and in the course of speaking to this advisor I mentioned that we wanted to get application filed before we went out to visit the house we want to buy & my family (quite unrelated to the question I was calling about) and she said that if we file my husband's application in London, he would be REFUSED   ENTRY in to USA until application had been accepted!!!!!!!!!!!

Is this true ? It does not say ANYWHERE :-/ on the form that he can not travel into the US, during the 6 months to a year it takes to process the application. She said he would be viewed as a person trying to cheat the system :'(.

This is VERY SERIOUS , as this means he will not be able to look at the new house we want to buy, schools for the children or see my family during this process. That can not be right. We have been married for 10 years and he has travelled back and forth dozens of times without any problems. Why would they enforce this restriction now?

Could someone please verify this information or say it is  :-/B.S.? I am very upset and don't know where else to turn. I have 2 small children and it would be almost impossible for me to make the 12 1/2 hour flight, with layovers in other airports, all by myself  :'( :'( (I cant get them to stay with me in Tesco I cant imagine how I would get them to stay with me at JFK or O'Hare).

If it is true (God forbid) could anyone tell me if it is possible to get a waiver from US Embassey or something of this nature? I am really paniced now, as this will create a lot of new issues that we had not planned for and we are meant to be moving in January. SOMEONE PLEASE HELP!!!!!!!!!!!!  :-/

o.k, I'm not sure if I can help or not but here goes.  firstly if I understand it correctly you are wanting to move to the U.S and get your husband a work permit?  

He should be able to enter the U.S on a 6 month 'Visitor visa' standard when arriving in the U.S - provision is that you have a return ticket for 6 months out though!  Then, once you arrive you apply for the work permit......This is what I did, but it's been donkey's years ago - over 15.  

But since I'm no expert here's a contact for you that is in the Union Jack newspaper (www.ujnews.com) a UK newspaper in the US for expats.  There is an Immigration lawyer that has a column and anwers questions......email at ure@prodigy.net or call 619-239-1664  His name is Stephen Ure and although he is a US immigration lawyer, he is originally from Glasgow.

A couple of others you could try

www.bernardsidman.com
waynemlevine@aol.com

Good luck.

WOW, great sites, thanks so much. I will try to get on to them tonight.

I am very reluctant to have my English husband enter the country in this manner :-/, as I am afraid that it may harm his application processing :'(. If he enters the country dishonestly; i.e. says he is coming as a 6-moth "visitor", when he KNOWS he is really moving here with his family and intends to apply for residency, I am terrified that that would cinch the noose around his neck as far as the immigration service is concerned. :'(

I am in no doubt that he is fully entitled to move back to USA with me (his US wife of 10 years) & our American children to start a new life, so I am VERY reluctant to do ANYTHING that may piss them off and give them the slightest reason to refuse his application.

I am going to check out these websites and hopefully they will be able to give me some definitive  ???answers. Maybe it is no big deal to immigration if we use this route (let me add that would be the greatest  ;Dnews of all) and if this is true then color us gone UK, sketch us in USA!!!!!!!!!!

I will post again once I have some answers, just in case anyone else is interested in this issue for themselves or someone they know. I really appreciate you taking the time to share this with me. God bless.

P.S. How do you like living is US ? Did you find it easy to adjust ? I am a little scared for my husband, because I remember how hard it was for me coming here and the HUGE culture shock I felt. Where in US are you, if you don't mind me asking?

O.K I just re-read your post.  I don't think I entirely got what you were saying the first time around.  You should be able to file the application for a spousal work permit and request that they allow either an open ended visit or 1 visit to the US pending approval.  I would suggest you go to their office in person with the application and your request.  Provided you have a ticket with a return date you should be permitted.  

I visited the US met my husband and stayed, we got married prior to the visa expiring and I applied for a spousal work permit.  I was threatened with deportation anyway and had to go in and talk to them.  I wasn't allowed to work for 6 months or leave, HOWEVER....I wanted to go home and requested they allow it.  They did and stamped the passport.  Maybe it was different because I was already in the country I don't know.  

I wouldn't reccomend doing it on the 6 month visa if there is another way.  Especially if you are buying a home.  Email those lawyers - they give free consulations anyway.

No I don't mind you asking where I'm living or how I like it.....I am in Utah now - it sucks, it couldn't be more different than England....dry, hot, no trees, no culture blah blah blah.  I have lived in Utah 9 months this time around, prior to that Washington State (loved it) and before that delightful Utah again!  Are you from Washington D.C or Washington state?  If Washington State I can speak from experience and tell you that your husband will settle in.  There are lots of people from the UK and Europe there, lots of English food in the supermarkets ( not like home, but better than Utah) and the general feeling to me was more like the UK.  My parents loved it there too and said it 'felt' like home.

I like living in the US but really miss my family.  I have four children so I think that's the hardest, not giving them the family experience.  My parents come and visit quite a lot but I guess it's just not the same somehow.  I have made friends here, but like a lot of people have said before you never quite fit in.  You are always 'odd man out' to a point.  Your husband will feel that at first, especially with the accent or pronunciation.  I guess you just learn to let it go though, if people don't back off then I just tell them 'ha!  I have an accent? You should hear yourself!'  the humour tends to make them realise it can be too much.  I guess you already know that living with all those damn Brits!

Other than than the culture shock hasn't been too bad, it's offset by easy credit, bigger houses etc.  Maybe I've just forgotten  The US tv drives me nuts, all it is is soaps (they're always rich and glam') or reality t.v.  Maybe it's that way in England now too?  And I don't get the slapstick humour....

I am getting ready to do the opposite and I'm scared to death of my husband and children not settling back in England.  It's frustrating dealing with work permits, bank accounts etc.   Bank accounts don't appear to be quite the issue to open that they are in the UK.  I am waiting to hear back from HSBC though - a suggestion on this site....thank you!

I think for me the bottom line for moving is to be by my family and to give the children the experience of living in another country.  Life's too short not to try it!  

Let me know if your from DC or State.

OMG , I am from Washington state, the Pacific Northwest (Seattle) and I miss it so much!

My husband has been to Washington, several times over the years and really likes it. He is very excited about the move and our new life. It took me about 8 years to convince him that we would be better off in US and after my children were born, he finally agreed. He knows that the kids will have a much better quality of life & access to education in Washington than they will here in London.

I know EXACTLY what you mean about US TV - it sucks. It is all so corny and fake. I agree with the no ugly people on TV though (HAHAHAHA) I see enough of those people in every day life. English TV is great, but it means I watch far too much. I would have thought though with world TV access via dish you would be able to watch UK TV there. I sure hope so, because I NEED EASTENDERS in my life, LOL

I have never been to Utah (home of the Mormons), but that is because there isnt much there and I hate the desert. I miss the temperate seasons of Washington and want to state for the record to anyone reading this "NO, IT DOES NOT RAIN ALL THE TIME THERE". Often when I tell people I am from Seattle, they say oh yes, Frasier, right?  Then follow up with 'I heard it rains there all the time'. HAHAHA, only in the late fall & winter. They don't call us the Evergreen State for nothin'. Washington has every climate going, desert, ocean, meadows, mountains and it even has the only temperate rain forest in North AMerica - I would love a job working for Washington Tourist Board if anyone reading this is connected - NO I AM JUST JOKING!!!!

I understand all too well about never quite fitting in. I do believe though, that the English have been far less accepting of me, than Americans will be of John, but only time will tell.

I also understand about missing family and this is 1 of the reasons I want to go back. My husband's family is here, but for me it could never be the same.

My mom (my very best friend & mentor) died very suddenly of a brain aneurysm, at 54, 6 days before the birth of my first child 3 1/2 years ago. Due to the impending birth, I was not even allowed to fly home to attend her funeral. By the time I was able to travel, she was long gone. I have not been able to get over it, I still find myself crying bi-weekly rather than daily and want so desperately to be near her & my home, even though she is gone. I want so much to be somewhere I can fit in, as I am so tired of being the odd man out. There are obviously MANY other reasons as well, most importantly is the children's education & our (all of us) quality of life.

I would never move back to UK, although there are many things about it I will miss. There are just too many things I won't miss including the appalling state of the police force (or lack of), health, education and judicial system not to mention the MASSIVE overflow of bogus asylum seekers, system cheaters and out of control crime rate. I will relish the visits and the return home to USA part in the near future.

Maybe it is because my mom was a lawyer and always taught me that the pen was mighter than he sword and was raised in a society where my opinion counts for something, that I have found the UK system to be so unbearable. I can't stand the fact that the system seems to reward the criminals, liars & cheats and tramples the average man in every aspect of his or her life.  Tony Martin & Abu Hamza (perfect   examples).

I find the 25% tax rate a very jagged little pill to swallow , since the money just seems to be squandered and never seems to fund anything it should like health service, schools & police . Londons Millenium Dome (perfect   example).

I honestly keep thinking we better get out quick before the whole system collapses . I still am shocked   when I meet someone who is in US already and wants to come back here to live.

How long has it been since you spent any period of time here? I am not sure where you are from, but I am pretty sure most of the country shares these problems. I would   HONESTLY suggest that you all come here for 6 months BEFORE you commit yourself to the move, because I can tell you things have gotten really serious in the last 5 years and not just here around London, but ALL OVER. Seriously.

OMG,  :-[I am rambling on here. I have even goten totally off our original train of conversation, so let me quickly get back on track.....

OKAY, as I stated earlier, many moons ago now, or so it must seem to you all, I will try all of the sites you have suggested and hopefully find some answers and post back as soon as I do.

;)Thank you for taking the time to have this chat with me, God knows I need to talk about it with someone other than my hubbie. Please post whenever you get a chance, as I am very interested in getting to know you a little bit better. Thanks again. Goodbye for now.

o.k so I'm having fun with this!  We lived in Maple Valley - love it there and it is truly my second home.  The schools were incredible - Utah is 2 years behind, my kids are soooooo bored in school.  We have family (his) in kirkland, Redmond, Bellevue areas.  Where are you or your family from?  I don't know how to go about swapping emails, but there's a ton of washington state websites you can check into for employment.  We've been applying for jobs in England and WA to see where we are meant to be.  So I know all the links!

A downside you didn't mention in the US is the health insurance.  It is a huge problem and since the massive recession set in there is less help from the state, yet Dr's fees etc have gone up.  There is a lot of talk in the US about 'health care reform' where they are looking at some kind of cap to the costs or to have a system like the UK or Canada.  Canada's health care system doesn't allow you to go private if they cover a service - unlike the UK, so lets hope the US doesn't go that way.

Here's an idea on our health care costs.  My husbands company pays all monthly fees so our only out of pocket is for dr visits and prescriptions.  We have an annual deductible for medical that is $300 per person (no family cap - 6 of us = $900 per year)  Then 5 out of the six of us are on anti-histamines, plus steroid hayfever sprays, then 2 of us on asthma meds.  None of these are expensive by US standards as the meds have been out for years.  We pay $40 per prescription (in Washington we only paid $15) so our costs before even going to the Dr are huge.  I have to say though, I dread being told which Dr I can go to.  I didn't like the way my asthma got treated in England and love the fact that I can say No! I don't want to get that test, or tell the Dr I want this, this and this.  But, for a family our size the security of a 'free' system would be a great thing.
Also Unemployment.  After 9/11 my husband only worked for about 7 out of 20 months.  He had health insurance for 9 months of that time then we were on our own!  He lost unemployment benefits after I think only 26 weeks, went quick!  He went back to work for a couple of months but hadn't earned the unemployment credits for the next lay off - hence the move to Utah!  Drastic measures I'm afraid
All things that you wouldn't worry about quite the same way in England - I believe???

On a lighter note, Seattle was around 100 degrees F yesterday - very humid too.  My 12 yr old is up there trying to avoid Utah!

Have you looked into renting or buying in WA?  Some of the areas have dropped in price, sadly Maple Valley was one of those areas.  Boeing layed off so many people and where those people lived the houses dropped.  Maple Valley for example hasn't gone up in 3 yrs.  Well, it went up and then dropped !  Just intime for us to sell  

How old are you children and how are you managing to compare the schools?  I am finding that impossible.

Let me know if you need the scoop on jobsites, mortgage companies etc.  I will pass on some info for you.  By the way your hubby can buy English and Irish Cheddar at costco $8 for a pound of cheese (youch) and there is a British Pantry in Redmond and Auburn.  There's also several UK sports bars, mainly in Seattle proper.

What are the state provided pensions like?  Is it worth worrying about?  Doubtful I'm sure:)

Julia

o.k, clearly I'm not thinking......Our medical deductible is $150 per person - Ours being a grand total of $900.  When we lived in Washington State we had better insurance and it was a cap of $600 per family.  I know people with insurance way better than ours or way worse this seems to be an average.  The good thing on ours is no monthly cost.

Helllo again , for those of you reading this that do not know me, I am a US citizen, married to English husband & living in UK for past 10 years, we are now moving back to my home state of Washington.

QUESTION : I phoned the US Embassey in London, for clarrification on a question on the form -  >:(IT COSTS £1.30 PER MINUTE TO SPEAK TO SOMEONE and in the course of speaking to this advisor I mentioned that we wanted to get application filed before we went out to visit the house we want to buy & my family (quite unrelated to the question I was calling about) and she said that if we file my husband's application in London, he would be REFUSED   ENTRY in to USA until application had been accepted!!!!!!!!!!!

Is this true ? It does not say ANYWHERE :-/ on the form that he can not travel into the US, during the 6 months to a year it takes to process the application. She said he would be viewed as a person trying to cheat the system :'(.

This is VERY SERIOUS , as this means he will not be able to look at the new house we want to buy, schools for the children or see my family during this process. That can not be right. We have been married for 10 years and he has travelled back and forth dozens of times without any problems. Why would they enforce this restriction now?

Could someone please verify this information or say it is  :-/B.S.? I am very upset and don't know where else to turn. I have 2 small children and it would be almost impossible for me to make the 12 1/2 hour flight, with layovers in other airports, all by myself  :'( :'( (I cant get them to stay with me in Tesco I cant imagine how I would get them to stay with me at JFK or O'Hare).

If it is true (God forbid) could anyone tell me if it is possible to get a waiver from US Embassey or something of this nature? I am really paniced now, as this will create a lot of new issues that we had not planned for and we are meant to be moving in January. SOMEONE PLEASE HELP!!!!!!!!!!!!  :-/

Your husband can travel to the US on a visa waiver (ie without a visa) maximum stay 90 days. However, if there is a spousal visa application pending, he may be refused at the passport control. Take lots of documentation showing ties to the UK ie a letter from his boss that he is expected back at work etc.
Very useful info on how to emigrate to the US can be found in the US marriage visas section of www.britishexpats.com

Well, we have done it!!!!!!!!!!

We got an appointment for his interview after only 3 months and it wasnt as scary as I thought.  Because we had been married for 10 years, there was very little to the questioning.

They did double check the amount of our assests, which was far more than we needed, we then went on to his medical exam, had lunch, returned to the Embassey and they gave him his visa paperwork and a congratulations to boot.

I cant tell you how relieved I am.  All the advice given on this website helped me a lot with the process and made me feel like I knew what was going on, even if I didnt.

I am off home on the 22nd of January & I just cant wait - GOD BLESS AMERICA!

Well, we have done it!!!!!!!!!!

CONGRATULATIONS!!!!!
If you get a chance (knowing that you will be a busy bee getting ready for your move and all!) Can you give me a *blow by blow* of exactly what you did and how long it took? Like, when did your order the police report and how long did that take to receive, etc.
I would really appreciate it!
Melissa

CONGRATULATIONS!!!!!!!!!!!

Congrats!!

for a small addition to the travel to the us with application pending issue. As far as I know the reason why someone with a visa application pending is likely to be denied entry at passport control is because of this silly mind set that the applicant may well be trying to enter the country to stay and / or take up work before being given permission to do so. Whats silly about that is because the applicant obviously wants to go about immigrating the right way - hence the application.

Generally people who have applications open and wish to travel to the US should take a few precautions before going. Make sure you can clearly show that you have intent to return by way of round trip tickets, a letter from your boss stating you have a job in the UK and that by all means you plan to return to the UK to resume that job on a specific date. Take documents to show that you have a working home in the UK, utility bills, pet kennel bills etc. With this kind of information they might be more likely to allow entrance. Its worked for many.

The applicant might also try making a connecting flight through Dublin or Shannon as visitors to the US flying through those airports will go through immigration before even setting foot on the plane. At least if youre rejected there, you wont have a long way to go home.

Hope that helps,
Sarah