-Jabber

My wife finished her PhD this year, and is going to work at a college in
Boston. Not clear yet what visa this will be on, I guess a J-1.

I run my own business (in the UK), which is essentially a computer
consultancy. I want to visit on the visa waiver and (this is the key
bit) work on projects while I'm visiting. By work on projects, I mean
sit in my wife's apartment, code on a laptop, and talk to the office
back home. Obviously all the pay will be drawn from my UK business. I
certainly don't need to stay for more than 90 days - I will need to be
back in the UK much more frequently than that. I anticipate travelling
on average once a month.

Is this viable, or am I likely to run into problems?

Thanks.

hcj1440

I think the part you are most likely to run into problems with is repeated entries using VWP (visa waiver program). You may get additional questioning because of the frequency of visits and because your wife is living/working in the US, and if they are ever not satisfied with your responses (and somehow think you have immigrant intent or have violated any rules) you could be refused entry.

You may want to look into getting either a J-2 (presuming your wife will be on a J-1) or a B-1 visa. See the "telecommuter" part at the bottom of this link:
http://london.usembassy.gov/cons_new/visa/niv/b1.html

"If accompanying a spouse who is the beneficiary of a work or student visa, the individual may apply for both the derivative and B-1 visas. When applying for admission into the United States, you should advise the immigration official at the port of entry of your dual intent, that is to say, you are accompanying your spouse, but also intend to continue working for your U.K. employer as a telecommuter."

-Jabber

hcj1440 wrote:
> You may want to look into getting either a J-2 (presuming your wife will
> be on a J-1) or a B-1 visa. See the "telecommuter" part at the bottom
> of this link:
> http://london.usembassy.gov/cons_new/visa/niv/b1.html
>
> "If accompanying a spouse who is the beneficiary of a work or student
> visa, the individual may apply for both the derivative and B-1 visas.
> When applying for admission into the United States, you should advise
> the immigration official at the port of entry of your dual intent, that
> is to say, you are accompanying your spouse, but also intend to continue
> working for your U.K. employer as a telecommuter."
>

Thanks. That looks like exactly what I need.

-Jules

On Wed, 07 Mar 2007 17:24:49 +0000, jabber wrote:
> I run my own business (in the UK), which is essentially a computer
> consultancy. I want to visit on the visa waiver and (this is the key
> bit) work on projects while I'm visiting. By work on projects, I mean
> sit in my wife's apartment, code on a laptop, and talk to the office
> back home.

I can't see that being a problem; I've always said to the immigration guys
that I'm going to be doing work electronically whilst I'm in the
US and they've never suggested that it's a problem - I think the
"work" rules just mean that you aren't supposed to take potential
income away from US citizens.

> certainly don't need to stay for more than 90 days - I will need to be
> back in the UK much more frequently than that. I anticipate travelling
> on average once a month.

As someone else has said, they might get upset at that. I've only ever
done long trips under the VWP, so I'm not sure what their views are about
doing lots of short trips - if there are other visas that you can take
advantage of then it'd probably be worth doing that just for peace of mind.

cheers

Jules