Aos whilst visiting on an esta

[JFH 12,189]

5 hours ago, Pheonix77 said:

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 

If he needs you for financial help this may not be the best choice. You will not be able to work for around 6 months. Best you return to the UK and continue working there and send money if you need to. 
 

As has already been mentioned, working on the VWP is a no-no. Even remotely for an overseas company. 

Edited March 27, 2020 by JFH

[Duke & Marie 1,389]

You can marry and adjust while on esta...

 

work is a no no no even remotely for a foreign company unfortunately... you’ll need work authorisation...

 

you could try for an Expidite on the work authorisation based on financial hardship for usc but that may complicate the whole affidavit of support process 🤷‍♀️

[JFH 12,189]

I’n also wondering about the practicalities of an AOS from tourist status during these times of social distancing and non-essential travel. Will the company equipment need to be returned? How will people return keys to landlords and vacate apartments? In the past, people used to mention friends or family who were happy to pack up their stuff for them, ship it, clean the apartment and return keys to the landlord. That can’t happen now. The same with retrieving a car parked at the overseas airport. OP would also need essential documents such as birth certificate, divorce decree, etc. How can these be obtained if government records offices are closed? 

 

[Lil bear 3,833]

6 hours 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 

You might find it hard to understand, but FYI the IRS and USCIS perspective there is a clear line. No work is permitted while in the US in a visitor visa or VWP. Also, looking after his son is considered  work, as the job could be done by a US worker 

[Orangesapples 1,954]

6 hours 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.

What if you're on your paid vacation and you're still getting paid while you're in the US doing touristy stuff? Wouldn't that be the same? 

[Beth & Achraf 328]

22 minutes ago, Orangesapples said:

What if you're on your paid vacation and you're still getting paid while you're in the US doing touristy stuff? Wouldn't that be the same? 

Please tell me your making a joke

[Duke & Marie 1,389]

1 hour ago, JFH said:

I’n also wondering about the practicalities of an AOS from tourist status during these times of social distancing and non-essential travel. Will the company equipment need to be returned? How will people return keys to landlords and vacate apartments? In the past, people used to mention friends or family who were happy to pack up their stuff for them, ship it, clean the apartment and return keys to the landlord. That can’t happen now. The same with retrieving a car parked at the overseas airport. OP would also need essential documents such as birth certificate, divorce decree, etc. How can these be obtained if government records offices are closed? 

 

In my case, I’ve been downsizing for over a year waiting on my IR1 approval at NVC, my house is already leased out, I sold all the furniture and moved into a small furnished apartment closer to work and have been living out of not much more than a suitcase for about 6 months now doing fly in/fly out to the mines. I also had a company vehicle etc which is required to be left at work while on vacation.. just as well given I lost my job this visit and was made redundant.. so in reality, disconnection of utilities and giving of notice can be done via phone, email.. my apartment is always scrubbed clean before I leave if you don’t do this in Aus you’ll go home to many an unwanted guest 🐜 🐛 🐞 so in reality it’s just a case of throwing bedding and any grocery, which a friend have kindly offered to do for me. Keys well, the landlord as a full set, I’m sure he can deduct the cost of cutting more out of my bond if he likes or I can mail them to him.

 

in ref to documents, they’ve always travelled with me (maybe a military habit or just habit from being someone who does travel a lot both for work and pleasure), plus hubby also has a complete set of originals.. 

 

did we plan AOS during this visit, no.. did we want to add another 12 months onto a process that we’ve already spent excessive amounts of $$$ and 20 months processing nope.. it’s just the way it is 

 

 

[Orangesapples 1,954]

31 minutes ago, Beth & Achraf said:

Please tell me your making a joke

I'm serious. You're still making money while in the US, correct? 

[Boiler 43,512]

Just now, Orangesapples said:

I'm serious. You're still making money while in the US, correct? 

Nope

[Beth & Achraf 328]

6 minutes ago, Orangesapples said:

I'm serious. You're still making money while in the US, correct? 

Its not the same thing,  not at all.

 

 

 

[Loren Y 2,732]

1 hour ago, Orangesapples said:

What if you're on your paid vacation and you're still getting paid while you're in the US doing touristy stuff? Wouldn't that be the same? 

No, I don't think so, because I have taken vacation and PTO time a lot. I get about 5 weeks a year, and on my paycheck it specifically states vacation time or sick time, or holiday pay, etc. Do I answer calls sometimes from work, sure, do I answer a few emails, maybe, but I know when I am on vacation I try not to think about or have anything to do with work. How other countries do their payroll I'm no expert at, but you have vacation time you earn, and when you are on vacation with your company you're usually not expected to be doing any work. So that is completely different from working and getting paid regular time I would think.

[geowrian 22,335]

2 hours ago, Orangesapples said:

What if you're on your paid vacation and you're still getting paid while you're in the US doing touristy stuff? Wouldn't that be the same? 

1 hour ago, Orangesapples said:

I'm serious. You're still making money while in the US, correct? 

Who says you can't make money while in the US visiting?

The issue is engaging in work without authorization.

 

[Orangesapples 1,954]

3 minutes ago, geowrian said:

Who says you can't make money while in the US visiting?

The issue is engaging in work without authorization.

 

Loren Y said so. 

 

9 hours ago, Loren Y said:

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, 

 

[Boiler 43,512]

Loren Y was referring to working whilst in the US.

[SalishSea 16,794]

OP, do you realize that you won't be able to work or be readmitted to the US (if you leave) for 6-8 months, maybe more?  If you were here on vacation, that may be another consideration if you had any type of house or life back home, pets, or other responsibilities.