Dandy_Don

Hi Folks,

I posted on here a while ago regarding my fiancee and I. We haven't changed much as we are not sure we are going to live in the US long term.

Now, as it stands my GF is going back to study in the US for one year. If I came over on the VWP, I believe I can stay 3 months. After this 3 months then I have to leave, is there a minimum time I have to be out of the country? And also, do I have to return to the UK, or could I go to Canada or somewhere?

Also, I work from home, and pay taxes in the UK. Would this be a problem when in the US?

Thanks in advance


Don

p.s. We have no intention of getting married in the US (We are planning to get married in my native Scotland) or for me to get a job illegally in the US.

Dandy_Don

Having read a little more about this, I have seen that you can't go to Canada or Mexico etc after 90 days.

By the way, we are just looking at the options. It may be that I have to be in Greece / UK anyway for work.

Don.

lisa67

The rule of thumb for the VWP is to stay as long out of the US as you did in before returning (if that makes sense)

sime303

Was that a typo? or did you just state your intention to maybe break US law on a public forum?

EJ3

Hi Don,

I have just returned from a 90 day stay in the US (the maximum on a VWP). The rule is that I should, and intend to, spend at least 90 days back in the UK before entering again. Also, as said above- try to spend at least as much time out as you have spent in the US.

neil

It says "no intention of", but it does sound as if he is planning on carrying on with the work from home which I believe would be illegal even if he is being paid in the UK.

sime303

Ah yeah see what you mean. I read it as 2 different statements.

Folinskyinla

Hi:

The rules are simple -- you have to leave no later than 90 days after admission. You must have confirmed and non-refundable ticket to a destination outside of the United States [e.g. it need not be to "home."]. Sole discretion is given to the POE inspector as to whether to admit you or not.

You also give up the right to ask for an extension. You also sign away the right you don't have anyways to a hearing before an Immigration Judge as whether to admit you not. Also, unlike a visa, DHS does not have the right to couple a refusal of admission with a formal "expedited removal."

Those are the rules, period.

Dandy_Don

Sorry, I've been living in Greece too long, so my English isn't perhaps as clear as it should be!

That's what I wanted to clarify, if I was to continue working in the US, would that be against the law, as technically I would be on a business trip (as I would use the opportunity to meet some of my US clients) since I would be leaving within the 3 months, and would be paid in the UK, along with paying tax.

If I stayed 90 days, and then came back 7 days later for example, it's pretty much guaranteed I wouldn't get back in, correct?

Obviously I just need to be aware of my options, would be silly not to look at them.

Don.

Dandy_Don

I have full intentions of complying with these rules. I merely needed to know what happened AFTER I removed myself.

Don.

Noorah101

You are not allowed to work while on the VWP, period. You will have to put your business on hold for 90 days while you're visiting.

Not guaranteed, as it's always up to the POE officer, but you do diminish your chances. Best to stay outside the USA as long as or longer than you were inside.

Rene

MsElui

having meetings is okay - 'working' ie doing more than the odd meeting is not okay and is illegal. so dont count on working in the us (regardless of where you get paid) especially for 3 months!

Folinskyinla

Hi:

What constitutes "work" is a gray area. Other than that, I won't go any further. I'm a lawyer, but I am not YOUR lawyer. Also, I'm not a CBP inspector at a POE. I am not aware of any who participate here.

There are no "guarantees" in this world.

Folinskyinla

Hi:

"Removal" is a "term of art" in the field of immigration law. There is such a thing of self-removal, but you have not been talking about that at all.