krosfyah

Hi all, i'm sure this has been asked but couldn't find it.

I might have to fly to SF in April (from England) but without my wife (temporary work trip, not our actual relocation which is to NYC). Is it even possible to get my visa stamped without her?

If this is not possible, i assume i would travel under ESTA?

Thanks in advance

avanutria

To my knowledge, the visa can't be activated if the USC spouse is not a) already in the US or b) arriving in the US at the same time as you.

I believe you can still use the VWP for your work trip, however.

Noorah101

The Immigrant cannot come to the USA ahead of the USC, no. The USC needs to either accompany the Immigrant, or come to the USA ahead of the Immigrant.

What work will you be doing in the USA? If you enter the USA using the VWP, I don't think you're allowed to work.

Rene

avanutria

Can you use it for business trips, such as meeting with clients or fellow company employees?

Rete

Yes, the VWP is used for just those purposes all the time. When people say to "work" it is not holding a job in the US but being sent to the US by their employer for some type of work related issued and the stay is usually just for a week or so.

krosfyah

That's it in a nutshell. It's not so much work as flying in a wind tunnel (skydive simulator). It's still work to a degree as i'm studying and paying a coach but i guess it's more of a holiday than anything.

Thanks all, i figured this was the case, looks like if i go i'll just do it through VWP

meauxna

hmmm. It doesn't sound like 'holiday' either. Can you explain a bit more?

Rete

I have to ask why? The VWP is used all the time for business entry. This reminds me of telling people years back that they could not work without a social security number and had to wait until they physically had it in hand. Now we tell them as long as they applied for it, they can work without it.

I thought it was finally decided that using the VWP for a business entry is fine.

meauxna

It is fine to use the VWP for a "B-1" style activity (the rule is the same, just the lack of a visa stamp) but that activity must be declared at entry and the person must be admitted VW-B (vs the VW-T most tourists get).

Someone admitted as Business may do some Tourist activities during the same visit, but someone admitted as VW-T may not do Business activities.

krosfyah

Well its an "entertainment activity" for my own personal entertainment (flying in a wind tunnel). I sometimes think of this as work because its like "training" but it's not like im doing something to get paid etc. In fact, i'm the one doing the paying (to the coach).

I guess it's the equivalent of flying to the US to learn to fly a plane, except im flying myself lol.

meauxna

So you need to find out if that activity is OK on the VWP.
Plane flying lessons (for example) require an M-1 admission. I know you're not going to do that, but I'm not clear on the answer.

Noorah101

I admit I'm confused. In your first post, you called this a "temporary work trip", which to me sounded like it was related to your work.

Now you're saying it's purely an "entertainment activity" for yourself, nothing to do with work at all.

If it's something you're doing for fun, and paying a coach, can't you just reschedule it?

Rene

krosfyah

my original thinking was maybe take some annual leave but also work remote a few days (to minimise holiday time taken as leave). The work would be my UK work though. I can;t book the coach as he determines when he is going to be there and we all have to work to his schedule (it's not 1 on 1 coaching).

The basic answer seems clear though which is i can't activate the PR visa as i imagined would be the case withouth my wife being there with me, or already in the US (which she won't be), so i will just go on VWP if i go (now looking unlikely anyway), and then activate the PR visa when i fly to NYC later.

Sorry for the confusion and thanks to those that clarified the situation on this

Noorah101

I think you've now realized you can't do this, right?

Rene

JGoodyer

Hi All,

I just want to follow up on this as I am in the same situation. I have my IR1 accepted and will be moving over at the end of May with my wife. I have just found out from work that they want me to go a conference in the first week of may (obviously without my wife). I will be ok as long as I have a valid ESTA visa correct?

Look forward to hearing from you