View Full Version : Having children in the US?
Hi all
Hopefully one of the experts out there will know the answer to this??? Myself and my partner are currently looking into moving to Florida, we will be going down the 'buying a business' route.
Someone has said to me that only one of you has to officially buy the business and the other can then come in as a dependant of someone with a business visa? Does anyone know if this is correct? If this is correct does this mean the dependant is free to apply for jobs once there or do they need to be supported by the business aswell?
Also if we are successful and manage to get in (and stay in) then we would be looking at having children in a few years time, if they are born in the US do they automatically become US citizens therefore saving them the hassles of having to try and find a way of staying when they get to 21. Not sure if this is affected by having 2 English parents or whether they are classed as American because they would be born there? Would this also give us any rights as parents of US citizens?
I have hunted around for info on the above subjects but can't find much.
Anything you know on the above would be appreciated.
Many thanks
Marie
Well, this might answer your question about children. http://www.orlando-guide.info/forums/topic_17175.asp
With regard to a business you can either be partners in the business together or the business can be in one person's name only with the other person on a dependant's visa. In order for the dependant visa person to be able to work, you'd need to apply for permission to do this which takes, I understand, around six months. And yes, therefore the business must be able to support the whole family.
chrizzy100
10-04-2005, 22:34
<blockquote id="quote" class="ffs">quote:Originally posted by MarieH
Hi all
Hopefully one of the experts out there will know the answer to this??? Myself and my partner are currently looking into moving to Florida, we will be going down the 'buying a business' route.
Someone has said to me that only one of you has to officially buy the business and the other can then come in as a dependant of someone with a business visa? Does anyone know if this is correct? If this is correct does this mean the dependant is free to apply for jobs once there or do they need to be supported by the business aswell?
Also if we are successful and manage to get in (and stay in) then we would be looking at having children in a few years time, if they are born in the US do they automatically become US citizens therefore saving them the hassles of having to try and find a way of staying when they get to 21. Not sure if this is affected by having 2 English parents or whether they are classed as American because they would be born there? Would this also give us any rights as parents of US citizens?
I have hunted around for info on the above subjects but can't find much.
Anything you know on the above would be appreciated.
Many thanks
Marie
[/quote]
If they are born here...they would have rights to a US passport.....but that gives you no extra rights to stay....I've had a lot of friends on different visas that had to take back US born kids to a country they don't know......
If the business is in one of your names....your husband or wife can get a work visa.....if you are unmarried...then both of you would need to be on the business visa....as far as I know.......someone else could help you more on that subject..or I could send to a link to a forum with tons of info about moving over to FL on it......
Thanks for the link Blott, that definitely answers my questions on children. Looks like they wouldn't have to go through the hassle of trying to stay when they get to 21 and as we are both British they would be able to get a UK passport if they ever wanted to. Looks like we had better get a move on then and get ourselves over there and settled before we start thinking about children!
With regards to the business question, do you know if it is usually granted for the dependant to be able to work or is it sometimes refused? To be honest, we will probably be partners in the business but just trying to look at all the options available to us.
Thnaks for your advice, much appreciated!
Hi Chrizzy
Thanks for your help, if you could send me the link you mentioned that would be great.
Thanks
chrizzy100
10-04-2005, 23:51
<blockquote id="quote" class="ffs">quote:Originally posted by MarieH
Hi Chrizzy
Thanks for your help, if you could send me the link you mentioned that would be great.
Thanks
[/quote]
Most of the time Julie ...'esprit' is one of the main people to help and give advice on this forum about visas.....she is a mind of info...having been there done it...and got the t-shirt...but she has guests visiting.....so may be busy for a while...you could do a search here for advice she had given in the past.....always well worth a read....[msnsmile2]
There is a really good website that will help answer your questions [website link edited]
I have friends that have bought a business and now living in Florida. They have found out that their medical insurance doesn't cover them for maternity for the first year. Without the insurance they said it will cost them around $5,000 and that is for a straight forward birth with no complications.
Thanks for the tips everyone. I have a feeling we will be too busy in our first year with the business to even think about babies! Something to be aware of though so thanks for that, will ensure we check our medical insurance.
steph_goodrum
11-04-2005, 00:41
As regards the business I think I@m right in saying that you can both be named as partners in the business but it you have a 50/50 split then neither can do anything else but if one parter has 51% and the other 49% you can apply after a while for the right to work, which in some cases might work out better to give at least one regular income if you can find a job.
A E2 dependant spouse ( ie the business and the visa are in the other spouses name) can apply for an EAD, ie permission to work, which lasts as long as your 1-94. It is procedural and shouldnt be refused, though it is sometimes delayed in issuing because the procedure isnt followed properly. It is for a spouse and a spouse only and you can do any joh just like an Americam. 50% E2 each and neither of you can work for anyone but your own business, but if one of you were to die, or return home, the other could stay which isnt the case in the other scenario.
A definite advantage of a child born in the USA, (to UK parents) means that the child has a US passport and access to a UK passport if they wish/need.
Even if for some reason, you all had to go back to the UK, your child has the advantage of going to america to live and work,should they wish.
And after 21 they can assist the parents to obtain a green card,(subject to conditions) it may seem a long time,but it does go quickly.
My girl born US, and turned 21 this year,she can get on a plane anytime and start a new life in the good old US of A.
So if we are on 50% E2 visa each and one of us were to die, (bit morbid but you just never know!) then the partner can stay and carry on the business on their own? Thats definitely worth thinking about, can't take anything for granted.
Do you know if it is definitely correct that if you do 51%/49% share in the business then the 49% owner can get another job? If its correct would the same apply if one of you were to die?
Yes 50% E2 each and the remaining one can stay becuase you both get a full visain your own right and name. That is what my husband and I did. If one partner has any less than 50% they will not get an E2 visa in their own right at all, only a dependants visa and that goes if get main visa holder dies. This is what happened to a number of dependants of people working in the twin towers after 9/11, they were going to send them home, however there was an outcry and they were allowed to stay as a specific exception was made to victims of terrorism.
Hi all
Have been really busy looking into the whole business side of things and planning our trip which is now only 2 1/2 weeks away...not that I'm counting!
Does anyone have any idea how much the services of a 'visa specialist' costs? We have had a couple of names recommended to us and also a couple of people to contact when we return to help us find a business. Is there anyone else that needs to be involved? Most visa specialists seem to do the legal side of things so it doesn't look like you need a lawyer/attorney aswell.
If anyone has any recommendations I would be interested as we want to make the right choice and go with people that are going to help us achieve what we want without messing us around.
Mnay thanks all
M
Around the $5000 mark is average for an E2 application. You need an lawyer as well as a visa specialist, he will hold your money in escrow for you until you get the visa and give a receipt which is submitted with your E2 application.