JennRussell

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! 

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? 

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

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. 

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. 

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 

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? 

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? 

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?

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

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!