visiting during process (split topic)

[JennRussell 0]

42 minutes ago, Boiler said:

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,

I'm aware of how may days there are in each month, thanks. I'm also aware that on average, 3 months is 90 days. I'm unsure as to why you're replying to a post asking for help with immigration and commenting on my business. My business is not on 'autopilot'. I've had it for years and built it up to a place where I have a team of people running it. I own it ... I no longer need to run it. Many people with businesses do this when they're able to. But thanks for your help. This is a very emotionally difficult process as it is and I don't really have time or energy to justify my business. I'm simply seeking advice so please have a little empathy. Have a great day. 

[JennRussell 0]

15 hours ago, Paul & Mary said:

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.

Thank you for your time. Super helpful

[Boiler 43,851]

Well you do not have to justify anything here, the PoE is another matter.

[Just Paul 4,591]

7 hours ago, JennRussell said:

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.

This is not a good immigration attorney.

 

2 hours ago, JennRussell said:

Im assuming that I won't be able to come for 3 months on ESTa though?

You can visit upto 90 days on ESTA.

 

If you already have a visa or ESTA it is easy to keep traveling with a pending petition.   If you didn't have one of those getting a Visa can be very hard to obtain.

[JennRussell 0]

3 minutes ago, Paul & Mary said:

This is not a good immigration attorney.

 

You can visit upto 90 days on ESTA.

 

If you already have a visa or ESTA it is easy to keep traveling with a pending petition.   If you didn't have one of those getting a Visa can be very hard to obtain.

Thanks guys this is good to know. I was travelling in and out on an ESTA before we got married for many months and thankfully I got my second ESTA just before we married so it has lots of time left on it! This attorney says it is doable but you have to convince them of 'intention to leave'. He says that if the officer at the border doesn't like the look of the evidence I bring - return flight, proof of mortgage, proof of my UK business and bank statement showing I have a good amount of money in the bank (I can supply all of this), I could be turned away and then it would affect the i130 process. 

 

I was hoping to be able to visit for 90 days on the ESTA, go out for a couple months and then come back for another 90 but would this be pushing it? I won't be working at all in the states as my UK business is managed by my team.

 

Can you recommend a good attorney in California who can help us? 

[Just Paul 4,591]

3 minutes ago, JennRussell said:

He says that if the officer at the border doesn't like the look of the evidence I bring - return flight, proof of mortgage, proof of my UK business and bank statement showing I have a good amount of money in the bank (I can supply all of this), I could be turned away

This applies in all non immigrant entries, ESTA, B visas, etc,  whether there is an I103 filed or not.

4 minutes ago, JennRussell said:

I could be turned away and then it would affect the i130 process. 

 

Very untrue. People denied entry are still eligible for immigrant visas.

 

6 minutes ago, JennRussell said:

I was hoping to be able to visit for 90 days on the ESTA, go out for a couple months and then come back for another 90 but would this be pushing it?

Length of stay is determined at the POE.  Coming and going like that makes it look like you are trying to live here.   Make sure you spend plenty of time outside the US.

 

7 minutes ago, JennRussell said:

Can you recommend a good attorney in California who can help us? 

Not needed.   You case is pretty simple.  You have ESTA, no criminal history and no sponsorship issues.  Ironically using an attorney often makes the process slower, they make errors and you end up supplying everything to them that you could have entered on the forms for free.

 

 

[JennRussell 0]

1 hour ago, Paul & Mary said:

This applies in all non immigrant entries, ESTA, B visas, etc,  whether there is an I103 filed or not.

Very untrue. People denied entry are still eligible for immigrant visas.

 

Length of stay is determined at the POE.  Coming and going like that makes it look like you are trying to live here.   Make sure you spend plenty of time outside the US.

 

Not needed.   You case is pretty simple.  You have ESTA, no criminal history and no sponsorship issues.  Ironically using an attorney often makes the process slower, they make errors and you end up supplying everything to them that you could have entered on the forms for free.

 

 

Thank you so much for your advice. Very much appreciated! 

[Ryan H 3,797]

***Post and replies split into separate thread as poster is posting about their own circumstances and not replying to the OP of the other thread.  Please start your own thread with your own questions instead of hijacking threads started by other members.***