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Topic: How does this work in reality?  (Read 1957 times)

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How does this work in reality?
« on: November 30, 2012, 03:55:12 PM »
We've thought about moving back to the US but it would depend on my husband (EU citizen, UK resident) being offered a decent job first. I think he'd be pretty competitive in what I know is a bad job market in the US. But the wait time for him to get a green card I could easily see being a dealbreaker. Why would anyone want to hire someone who wouldn't be qualified to start work for the better part of a year?

On the flip side, if we got started with the green card process now, what if we never find jobs? He's then locked into a US residency status he can't really fulfill because he doesn't have a job there.

How do people do this? Do they get the green card and move before getting jobs, and just pray (really hard) that something works out when they get there? Or do they try to get employer-sponsored visas?

I'm guessing the DCF route doesn't offer something like the EAD...or does it? Seems like that would solve all our problems, if we could tell any potential employers that the second a job offer is accepted/we'll apply for the green card/receive a temporary work authorization while it's pending.

Any insight?


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Re: How does this work in reality?
« Reply #1 on: November 30, 2012, 10:28:11 PM »
A lot of this is based on faith and luck. Faith in yourselves that you can survive until you find work and luck that work comes quickly! Oh, and savings. Having a lot of savings really helps.

My partner and I went through the green card process in the UK and then moved without employment. We gave up 2 good jobs in the UK and luckily we were both employed within 2 months. That being said, it was just as the recession was starting so it hadn't fully hit yet. Since the recession, we have had to go where the work is, and so far that has meant 2 international moves. I personally would not advocate the move at this time unless work was a dead cert.


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Re: How does this work in reality?
« Reply #2 on: December 01, 2012, 02:52:42 AM »
It's really going to depend on the field that your husband is in. My husband didn't get a nibble when he was applying for jobs from Ireland, and that's even once he had the visa in hand. His contract was ending and neither of us could find work, so moving wasn't a difficult decision for us. Our only other option was to go on the dole. I had better connections in the US and there was just more opportunity over here. We moved in June, I got a job in August (thanks to previous connections) and he didn't get anything until March. We had decent savings, so we had a little time before the super stress set in.

Even if your husband gets his green card, he's not really 'locked in'. He can just not activate it in the allotted time and you'll be out the money, but that's it. I have friends who completed part of the process, then their circumstances changed and the Embassy allowed them to put it on hold. They were going to start it up again and they did not need to complete the I-130 again, they just picked up where they left off.

Employer-sponsored visas are not easy to get. I'd say if your husband is in a field where he COULD get one, then he'd have just as much (or even better) luck getting a job once he moves here on a green card.


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Re: How does this work in reality?
« Reply #3 on: December 01, 2012, 06:51:34 AM »
Thanks a lot. Very helpful to know that some have halted their application if things haven't looked favorable for a move at that time. Do you know if that's an official option to put an appication on hold, or more of a case by case thing under certain circumstances if you come across a really understanding person at the embassy? Does it lengthen the processing time if/when you pick it back up again?
Also, what actually activates your green card? If I understand correctly, once you're issued an immigrant visa through the DCF process, the next time you enter the US your status automatically becomes permanent resident. So if we went through the whole process and then decided not to move right then because we're unable to find jobs, etc., my husband wouldn't be able to go to the US to visit without activating his resident status?
Trying to understand all the implications. We were naive/unprepared about immigrating in the past and now with a little one can't afford not to have all our ducks in a row well ahead of time...
Thanks for the help.


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Re: How does this work in reality?
« Reply #4 on: December 01, 2012, 06:17:47 PM »
I believe they received the letter that their I-130 had been approved and just didn't go forward with the next step. Then, they decided that they were going to do the next step, contacted the Embassy, and were told they didn't have to do the I-130 again. I don't know if it was official or just a case by case situation and I have no idea if it lengthens the processing time, but I'm not sure how it would. Also, that was a few years ago, so things may be totally different now. Once visa is issued, you have 6 months to activate it before it's void. I'm fairly sure you can travel as a visitor before that six months if you're not ready to activate it. Hopefully someone will know that for sure.


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Re: How does this work in reality?
« Reply #5 on: December 02, 2012, 02:30:36 PM »
Thanks a lot. Very helpful to know that some have halted their application if things haven't looked favorable for a move at that time. Do you know if that's an official option to put an appication on hold, or more of a case by case thing under certain circumstances if you come across a really understanding person at the embassy? Does it lengthen the processing time if/when you pick it back up again?
Also, what actually activates your green card? If I understand correctly, once you're issued an immigrant visa through the DCF process, the next time you enter the US your status automatically becomes permanent resident. So if we went through the whole process and then decided not to move right then because we're unable to find jobs, etc., my husband wouldn't be able to go to the US to visit without activating his resident status?
Trying to understand all the implications. We were naive/unprepared about immigrating in the past and now with a little one can't afford not to have all our ducks in a row well ahead of time...
Thanks for the help.

You have to advance different stages of the process, so if you need more time then you just delay the next step. The process goes - i130, approval, paperwork bundle sent, approval, medical, approval, visa interview. Getting the i130 approval is important but then you can delay the process yourself by just not sending the paperwork bundle. Or doing the medical. You can delay for upwards of a year but the embassy can tell you if that can be longer - they are very helpful unlike on the uk side.

And the immigrant activates the green card. Nothing happens automatically. You actually have to present a sealed packet to the us officials on entry to activate. If you want to delay activation, dont present the packet.

And worst case scenario, he activates and doesn't find a job and you leave the us. He can surrender the gc without too many complications. Not sure what concerns you have about this course of action?


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Re: How does this work in reality?
« Reply #6 on: December 02, 2012, 09:03:51 PM »
My concern is that realistically we probably can't make the gamble of going through the whole process and moving to the US without a job lined up. So what I need to know is how flexible the process is once it's been started. If jobs don't look promising, do we have a way out that won't hurt our future chances? I can see how from the standpoint of an immigration officer, a past "false start" could count against someone when they apply for a green card again.
How do people coordinate job searching with the green card application? How binding is the green card (ie once you have one can you enter the US on a tourist visa or are you considered a US resident even if you don't actually live in the US)?
Like I said, I've learned that assumptions about the way any country's immigration system works are dangerous. In my experience and the experience of most of the people I've talked to, it's rarely as simple or straightforward as you think it should be at the outset.
Thanks for all the above info- it's definitely helping to clarify things for me. Good idea to get in touch with the embassy too...


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Re: How does this work in reality?
« Reply #7 on: December 02, 2012, 09:58:50 PM »
They don't care if you don't complete the process and have to start it up again later. If you're paying the fees and have all the necessary documentation, that's all they care about. Like Sara said, you can drag out the process as long as you want to. And as she said, you activate the green card by presenting the big brown envelope. That means he can still travel as a tourist until you decide to give them this envelope. (Once you receive the envelope, you have 6 months to activate). If you go through this entire process and don't activate, then decide to do it again 5 years from now, that's your money. You can explain to them why you ended up not moving the first time. Like Sara said, the US Embassy is a lot different then dealing with UK immigration. The embassy people called me on my mobile and asked me questions if they needed clarification. When we were at the embassy for the final 'interview' there was a guy who to me, sounded like he was trying to get in illegally (yes, we could hear other people's conversations). They were giving him another chance to get his paperwork correct. This after they had already given him 2 chances. Out of the other couples that were there for the same reason we were, we were the only ones with all the correct paperwork. Everyone else had to bring stuff back.
If I were you, I'd start the I-130 when you think you're ready. Once that's approved, your husband can try looking for work before you do the medical and start the next step. Depending on what he does, you might want to consider having his CV 'Americanized' by a professional.


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