visiting during process (split topic)

[JennRussell 0]

I'm in the same position ... UK recipient and my husband is the American petitioner. We've been told that it is a bad idea to try to enter USA on an ESTA to visit while the Spousal visa process is pending and that if I get turned away at the border it will look bad for our application. I have a mortgage in UK so can prove ties although I am self employed and my company runs events all over the world. Would this be a problem? And what's classed as a 'short visit' - can I go for 2-3 months like I did before on my ESTA?

 

We've also been told the whole process will take over a year. Surely there is some way to visit him in USA during that time. He works full time so very limited as to when he can come to UK to see me. We cant bear to be apart for a year! 

Edited January 26, 2020 by JennRussell

[Just Paul 4,591]

4 minutes ago, JennRussell said:

We've been told that it is a bad idea to try to enter USA on an ESTA to visit while the Spousal visa process is pending

Completely ok - with having ties back to the UK still.   People do it all the time.

[JennRussell 0]

2 minutes ago, Paul & Mary said:

Completely ok - with having ties back to the UK still.   People do it all the time.

Really? Thank you! Thats such a relief to hear. And it would be ok to come in for 2-3 months, like on the ESTA?  and multiple times? In terms of my business - I run yoga retreats all over the world and can prove where and when they are so they know I'm leaving ... along with plane tickets of course

[Just Paul 4,591]

1 minute ago, JennRussell said:

Really? Thank you! Thats such a relief to hear. And it would be ok to come in for 2-3 months, like on the ESTA?  and multiple times? In terms of my business - I run yoga retreats all over the world and can prove where and when they are so they know I'm leaving ... along with plane tickets of course

Yes - a good plan would be to in the US for x weeks / or months and then out of the US for more than x weeks / or months.

[Crazy Cat 39,834]

18 minutes ago, JennRussell said:

We've been told that it is a bad idea to try to enter USA on an ESTA to visit while the Spousal visa process is pending and that if I get turned away at the border it will look bad for our application.

There is a lot of misinformation floating around out there.......You most certainly can visit during the spousal visa process.......assuming you can show convincing evidence that you will return to your country after the visit.  

[SalishSea 16,978]

36 minutes ago, JennRussell said:

Really? Thank you! Thats such a relief to hear. And it would be ok to come in for 2-3 months, like on the ESTA?  and multiple times? In terms of my business - I run yoga retreats all over the world and can prove where and when they are so they know I'm leaving ... along with plane tickets of course

Just be aware that until you have a green card, working whilst in the US (even remotely) is not allowed.....

[JennRussell 0]

8 hours ago, missileman said:

There is a lot of misinformation floating around out there.......You most certainly can visit during the spousal visa process.......assuming you can show convincing evidence that you will return to your country after the visit.  

Thank you. We've been told by an attorney here in San Diego its not a good idea to try as if I get turned away at the border it can affect the application. Here is where the issue may be. I have a mortgage in the UK but spend a lot of time abroad. I run yoga retreats all over the world and am self employed. I can show proof of my UK company and I can also show them my website which has the bookings of my retreats ... none of which are in the USA but they are abroad - Bali / India / Europe etc. I can also show bank accounts with plenty of funds. Would this be enough evidence?

[JennRussell 0]

 

8 hours ago, Jorgedig said:

Just be aware that until you have a green card, working whilst in the US (even remotely) is not allowed.....

I'm self employed (UK company) so don't need to work in USA but will this be an issue as they assume I will work remotely? 

[Boiler 43,851]

1 hour ago, JennRussell said:

Thank you. We've been told by an attorney here in San Diego its not a good idea to try as if I get turned away at the border it can affect the application. Here is where the issue may be. I have a mortgage in the UK but spend a lot of time abroad. I run yoga retreats all over the world and am self employed. I can show proof of my UK company and I can also show them my website which has the bookings of my retreats ... none of which are in the USA but they are abroad - Bali / India / Europe etc. I can also show bank accounts with plenty of funds. Would this be enough evidence?

Get a new lawyer.

[JennRussell 0]

3 hours ago, Boiler said:

Get a new lawyer.

For sure! So relieved. Im assuming that I won't be able to come for 3 months on ESTa though? Is that pushing my luck? 

[Crazy Cat 39,834]

1 minute ago, JennRussell said:

For sure! So relieved. Im assuming that I won't be able to come for 3 months on ESTa though? Is that pushing my luck? 

How many visits do plan to make during the process?

[JennRussell 0]

2 minutes ago, missileman said:

How many visits do plan to make during the process?

As many as I can get away with! I own a company so can take as much time as I need but my American hubby is employed so can't take time off. I can prove my mortgage, company details, and bank account balance. I know we may have to but we don't want to be apart for months on end 

Edited January 26, 2020 by JennRussell

[Boiler 43,851]

Well the VWP is 90 days not 3 months, all the people I know who have their own companies seem very short on holiday.

[JennRussell 0]

41 minutes ago, Boiler said:

Well the VWP is 90 days not 3 months, all the people I know who have their own companies seem very short on holiday.

Am I missing something? 90 days is 3 months. I have my own company and don't need to be in the office as I have people who do that. It's Josh's holidays that are the issue as he is employed in USA hence why he can't get time off to travel to me. I'm free to travels much as I want in terms of my own business. 

[Boiler 43,851]

Thirty days hath September,
April, June, and November;
All the rest have thirty-one,
Excepting February alone,
And that has twenty-eight days clear
And twenty-nine in each leap year

 

Perhaps I should have been clearer, none of them could leave their business on autopilot anything like that long,