Malory

Hi, I am the American married to a Brit, living in the UK. . I have Indefinite Leave to Remain in the UK.

My husband and I are coming to the US for a visit, part of which will involve seeing my family. It will be his first time in the US. He owns and runs a web design business from our home, with one part-time employee. While he can’t visit his clients in person when he is away from home, he can always work on his websites from anywhere in the world as long as he can find an inernet connection.

He has no right to remain in the US other than as a visitor – will be coming on the Visa Waiver Program. Is he allowed to work on his websites while in the UK? My immediate thought is that he isn’t, based on my experience as an immigrant in the other direction, but the US state department website is unclear about this, and when I’ve tried to contact them they haven’t answered.

I want to make sure he doesn’t say the wrong thing if questioned by immigration.

Also, will the fact that he has a return ticket be sufficient proof that he will be returning and isn’t planning to overstay? Will he need to show that he has ties to the UK? Would the fact that his mother lives in the UK, or that he owns a business there be sufficient? Does he need to show proof that his business is real? If so, what proof would be acceptable?

I would appreciate it, if possible, if you would provide me with the link to the "official" source, e.g. a page on the State Department website (maybe someone else here will have/has had better luck finding this than I have), as if I simply tell my husband "someone on an internet forum told me" he will probably poo-poo it.

Thanks for your help.

Marocco

He may be questioned about his ties to the UK. However, I have been to the US at least ten times on the VWP and have never been asked any questions about that - including once when I was traveling with my USC wife. In any case, don't forget that your Indefinite Leave to Remain in the UK may count as a "connection".

About your husband doing a bit of work while on vacation - I don't see why it should be a problem, provided he doesn't bring stacks of work-related documents with him...

meauxna

It's a vacation, Malory! (ok, 'holiday' as a nod to your current residence)
Tell the DH he's coming to the US for a visit, not to work.

He is not allowed to work while in the US on the VWP. Your instincts are right.
"Business" is not the same as "work" (Business admissions are allowed on the VWP)

Evidence that YOU live abroad is probably the most powerful 'proof' such as it is, that he will leave the US.

The phrase you probably need to search with is 'employment authorization'. Visitors are definitely not employment authorized.

Oh, and look up the new ETSA program for visitors; it's not mandatory... yet, but check well before your trip.
http://www.cbp.gov/xp/cgov/newsroom/..._factsheet.xml

BritishGuy36

More than likely. I have entered the US 8 times (the third one was to get married!), 5 of them with my USC wife, never got asked about returning to the UK or taken to secondary.

It won't hurt for him to bring some paperwork showing ties to the UK, but don't produce them unless specifically asked to.

99% chance that you say you are there for a holiday and you will get straight through immigration.

fatbrit

(Okay -I'll get it in before the man arrives...)

Interesting question.

Ray

A new U.S. policy regarding border searches gives U.S. Customs and Border Protection (CBP) officers the authority to seize electronic devices, examine the information they contain and destroy that information.
The policy allows CBP officers to examine documents, books, pamphlets and other printed material, and information stored in digital or analog form, including computers, disks, hard drives, and digital storage devices like iPods and cell phones.

http://www.crn.com/security/209902679

Malory

What would be good proof that he has ties to the UK, besides being married to me? We don't own a home, and we are currently renting on a private tenancy that is rolling over month by month, so don't have a current tenancy agreement or a lease. Something from his business? if so, what? He files his taxes online.

Is my ILR stamp enough proof that I live in the UK? Should I bring something else for myself? If so, what? I don't have payslips as my company uses electronic payslips?

Also, we have different surnames on our passports. Should I carry our marriage certificate to prove we are married to one another? (My passport has an expired UK fiance visa stamp which shows that I entered the UK in order to marry him.)

I know not to offer anything unless questioned.

fatbrit

No problem for us GNU people -- full and secure disk encryption is available in many distributions. Of course, if they start water-boarding me, that could be the end of it.

Bob

which is why people don't even bother bring them these days, or just a blank laptop and VPN back home to get the data...

Bob

that's great, but not so if they confiscate and destroy your laptop...

Titchski

TSA Official "Grunt.. Computer... grunt... Duuh Boss!"
TSA Supervisor "Whaaaa Thats not windows! He must be a terrorist!" *sounds anti terror bell*
..Fatbrit on his way to Guatanamo "Vi? Vi are they doing this to me?"

Tracym

fatbrit

So probably VPN (as your suggestion for data) together with something like Knoppix, which boots and is fully functional from a CD rom, would be the best bet. If you use anything else, you'll have cache data all over the place...despite your vpn.

Marocco

He can bring any documents related to his work. Even if he is self-employed he will presumably have contracts with his clients?

You can print the electronic payslips and bring them along.

That would be a good idea.

Marocco

I am planning a trip to the US in a few months and have been wondering about this. I'm thinking of taking an old laptop, encrypting all personal data and thoroughly erasing any stuff which is not encrypted.

Does anyone know if US authorities can force you to reveal the the password of an encrypted volume (as the UK authorities can)?

I got taken to secondary once to confirm my identity but they didn't ask me any questions about my trip or my intentions to return.