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Hey Peter, I'm a foreigner residing abroad with an american spouse of 10 years and we have kids holding American Passports. I'm currently working as a contracto

Hey Peter, I'm a foreigner residing abroad with an american spouse of 10 years and we have kids holding American Passports. I'm currently working as a contractor for a company in the US, but I'm thinking of moving to the US and applying for the IR1 visa due to family reasons. I am the primary earner of the household. What are my limitations in this case? Can I keep the contract I'm currently in while the visa process chugs along? What about proof of income?

the_svd_doctor 2y ago
I'm sure Peter can answer this much better than I can, but just in case: you might want to look into Direct Consular Filing and whether it applies to you https://www.boundless.com/immigration-resources/direct-consular-filing/ https://www.boundless.com/immigration-resources/direct-consu... https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html https://travel.state.gov/content/travel/en/us-visas/immigrat...
proberts 2y ago
For you to apply for your green card while in the U.S., you need to be in the U.S. in a work visa status, not in a visitor status. Alternatively, you can get your green card outside the U.S. through a U.S. Consulate (known as an "immigrant visa") but that process would take longer 6-18 months (versus 6 months or less if filed in the U.S.). And your employment as a contractor (as well as your and wife's assets) can be used to meet the financial support requirements.
fl7305 2y ago
A friend of mine did the "fiancee visa" in Europe at the local embassy there. It took something like 3-5 months to get the visa approved for travel to the US. Once there, he could start working immediately. But this was a long time ago, I have no idea what the processing times are today? Are they listed online? And above all, since his spouse did not work in the US, so they needed a US based citizen with "not bad" finances to sponsor him. If you're an independent contractor based in a different country, it'll be fun times figuring out the taxes for the year that you move to the US. Both your old country and the US will want a cut.

the_svd_doctor 2y ago

I'm sure Peter can answer this much better than I can, but just in case: you might want to look into Direct Consular Filing and whether it applies to you https://www.boundless.com/immigration-resources/direct-consular-filing/ https://www.boundless.com/immigration-resources/direct-consu... https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/filing-petitions-outside-the-us.html https://travel.state.gov/content/travel/en/us-visas/immigrat...

proberts 2y ago

For you to apply for your green card while in the U.S., you need to be in the U.S. in a work visa status, not in a visitor status. Alternatively, you can get your green card outside the U.S. through a U.S. Consulate (known as an "immigrant visa") but that process would take longer 6-18 months (versus 6 months or less if filed in the U.S.). And your employment as a contractor (as well as your and wife's assets) can be used to meet the financial support requirements.

fl7305 2y ago

A friend of mine did the "fiancee visa" in Europe at the local embassy there. It took something like 3-5 months to get the visa approved for travel to the US. Once there, he could start working immediately. But this was a long time ago, I have no idea what the processing times are today? Are they listed online? And above all, since his spouse did not work in the US, so they needed a US based citizen with "not bad" finances to sponsor him. If you're an independent contractor based in a different country, it'll be fun times figuring out the taxes for the year that you move to the US. Both your old country and the US will want a cut.