Aos whilst visiting on an esta

[Pheonix77 1]

Hi, 

 

so I am engaged to a US CITIZEN I am from the U.K. , we where planning on going down the k1 route next year infact have pretty much got all the package together and already had a meeting with an attorney. 
 

Due to this god aweful virus going on I was due to fly out May 6th to 29th. 
 

 However all the issues and schools closing down my other half is a single father and I can work remotely. So I flew out 3 days before the travel ban  and staying until May 29th.

So I can take care of his son to allow him to still be able to work as otherwise he would not have been able to survive financially 

 

now there has been a complete lock down in our state county and the situation is escalating we are considering just getting married and doing an AOS! 
 

I am a little concerned about this as I am aware it carries a lot of risks however this virus is going to effect him financially immensely and whilst I am here I can help with his son and take that burden away . I also work remotely and I meet half of all the bills here at the house and have done for the last 4 months to help him. We have proof of the amount of money I pay into the household etc 

 

unfprtunatkey his father had a heart attack last year which has meant he has had to park up his truck and work for his fathers business to help him this has also meant he hasn’t earned a proper wage 

 

which then brings the issue of his income and last year his own business broke evan 

 

so our only way is to have a sponsor which we can do 

 

 

please any advise anyone that has done this successfully or anyone that has had hurdles please get in contact ! 
 

this is a god aweful situation everyone is in and although the plan was for me to come here eventually we didn’t expect it yet however this situation is now forcing us to rush it as he cannot afford for us to be apart 

 

 

 

 

[Crazy Cat 39,190]

Step 1:  Marry

 

"I am a little concerned about this as I am aware it carries a lot of risks "

 

There are no immigration risks if you marry, stay, and adjust status since that was not your intent when you entered the US.  Just be fully aware of the restrictions associated with adjusting status such as inability to work prior to obtaining an EAD and inability to exit and return to the US prior to haing an approved Advance Parole document.

 

Use this guide

 

 

Edited March 27, 2020 by Lucky Cat

[Boiler 43,397]

There is a reason VJ has a forum for those adjusting, no way VJ would if it was no an option.

 

You can not work remotely on the VWP btw.

[Pheonix77 1]

5 minutes ago, Boiler said:

There is a reason VJ has a forum for those adjusting, no way VJ would if it was no an option.

 

You can not work remotely on the VWP btw.

I cannot work for my company back in the U.K. whilst I am here ?? Everything is done online and through telephone calls ? I am paid by my UK employer into my U.K. account ..... I’m confused 

 

11 minutes ago, Lucky Cat said:

Step 1:  Marry

 

"I am a little concerned about this as I am aware it carries a lot of risks "

 

There are no immigration risks if you marry, stay, and adjust status since that was not your intent when you entered the US.  Just be fully aware of the restrictions associated with adjusting status such as inability to work prior to obtaining an EAD and inability to exit and return to the US prior to haing an approved Advance Parole document.

 

Use this guide

 

 

Thankyou so much I am just worried about a refusal and then we are stuck as we won’t be able to appeal it will we ? 

[Boiler 43,397]

To work in the US you need to be work authorised. VWP is for tourism and business purposes.

 

Also bear in mind the IRS aspect, they are shall we say less understanding.

 

 

 

 

[Crazy Cat 39,190]

Just now, Pheonix77 said:

Thankyou so much I am just worried about a refusal and then we are stuck as we won’t be able to appeal it will we ? 

Many, many people have successfully adjusted status after entering via VWP.  I would marry and file the Adjustment of Status package before the expiration of my I-94.

[Pheonix77 1]

2 minutes ago, Lucky Cat said:

Many, many people have successfully adjusted status after entering via VWP.  I would marry and file the Adjustment of Status package before the expiration of my I-94.

What’s an i94 ? I don’t have a k1 I am visiting on am esta we where going to do a k1 next year but this virus is causing him issues financially here and he needs me here for help 

[Pheonix77 1]

5 minutes ago, Boiler said:

To work in the US you need to be work authorised. VWP is for tourism and business purposes.

 

Also bear in mind the IRS aspect, they are shall we say less understanding.

 

 

 

 

Sorry but I find that hard to understand as I work for a U.K. company where ever I am whether it be on a plane or say at home or in the USA I work online only 

[Boiler 43,397]

https://i94.cbp.dhs.gov/I94/

 

Strongly suggest you set aside some time to do some reading up on the Immigration process, it is not complicated but does need some research and time spent to get the process down.

[Boiler 43,397]

1 minute ago, Pheonix77 said:

Sorry but I find that hard to understand as I work for a U.K. company where ever I am whether it be on a plane or say at home or in the USA I work online only 

A quick google on permitted activities under the VWP sounds in order.

[Pheonix77 1]

2 minutes ago, Boiler said:

https://i94.cbp.dhs.gov/I94/

 

Strongly suggest you set aside some time to do some reading up on the Immigration process, it is not complicated but does need some research and time spent to get the process down.

I wasn’t being rude I have just always worked when visiting that’s all didn’t mean to offend you 

[Crazy Cat 39,190]

2 minutes ago, Pheonix77 said:

Sorry but I find that hard to understand as I work for a U.K. company where ever I am whether it be on a plane or say at home or in the USA I work online only 

US law determines what is allowed to occur while physically inside the US......not your technical ability.

[Boiler 43,397]

5 minutes ago, Pheonix77 said:

I wasn’t being rude I have just always worked when visiting that’s all didn’t mean to offend you 

Huh, never said you were, we often have people coming on here who have no knowledge of what they are getting into asking random questions and obviously when you know nothing of the process you are unlikely to know what questions are relevant and which are not. Or even what questions you need answers to.

 

So best to read first, get the basics down and then you are in a much better position to work out what, if any, issues you may have.

Edited March 27, 2020 by Boiler

[Loren Y 2,731]

Working on ESTA or a tourist visa is a rough area to be in. Like others have said, and most of the time remote work for a non-us based company that has no interest or ties to the United States( or the country you are doing the work in) is usually allowed. The issue comes as others have stated with the IRS. That states by LAW that if you have more than 3000 US dollars in income while on US soil, you are required to pay taxes on that income. Immigration and IRS are two separate issues in play here. Once again, you have probably made more than 3000 US in the time you have been on US soil, so you should pay taxes on your income while here, but then again the work would be forgiven if you marry a US citizen in the eyes of the Immigration group, but as others have stated the IRS is not as forgiving as Immigration on this matter. Worst thing I see is you may be stuck paying tax on any income until you get your EAD card or work permit, then you will still have to pay taxes on income anyway once it gets to a certain limit. So, it's something you would have to figure out how you would approach it, but you could always cross that bridge later.

[Pheonix77 1]

26 minutes ago, Loren Y said:

Working on ESTA or a tourist visa is a rough area to be in. Like others have said, and most of the time remote work for a non-us based company that has no interest or ties to the United States( or the country you are doing the work in) is usually allowed. The issue comes as others have stated with the IRS. That states by LAW that if you have more than 3000 US dollars in income while on US soil, you are required to pay taxes on that income. Immigration and IRS are two separate issues in play here. Once again, you have probably made more than 3000 US in the time you have been on US soil, so you should pay taxes on your income while here, but then again the work would be forgiven if you marry a US citizen in the eyes of the Immigration group, but as others have stated the IRS is not as forgiving as Immigration on this matter. Worst thing I see is you may be stuck paying tax on any income until you get your EAD card or work permit, then you will still have to pay taxes on income anyway once it gets to a certain limit. So, it's something you would have to figure out how you would approach it, but you could always cross that bridge later.

Thankyou I always understood limited business could be carried out on an esta so I’ve just done late work 

 

however if that poses an issue then that will cease and we shall live off my savings for the time being 

 

Thankyou for your reply it’s a god aweful time for everyone 

34 minutes ago, Boiler said:

Huh, never said you were, we often have people coming on here who have no knowledge of what they are getting into asking random questions and obviously when you know nothing of the process you are unlikely to know what questions are relevant and which are not. Or even what questions you need answers to.

 

So best to read first, get the basics down and then you are in a much better position to work out what, if any, issues you may have.

Thankyou, I am sorry I just thought I had come across wrong .... that’s all (I guess that’s the Brit in me always apologising ha ha )