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UKC wanting to move to US

UKC wanting to move to US

Old Jan 11th 2019, 11:37 pm
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Default UKC wanting to move to US

HELLO THERE. Would love some advice and help.

I’m a UKC who’s been back and forth to the stated for over 7 years now. 3 weeks - 3months at a time on tourist visa.

My grandparents live there, and my boyfriend of nearly 4.5 years also. (Me and my boyfriend when we first met talked about marriage but I never wanted to come this way, as I thought it would be stress plus at the time we’d been dating for little less than a year.)

I had a job that wanted to sponsor me however things never really worked out as my love for the career path vanished. (I did the Labour cert, ads and 1.140 application) but no futher.

Any way i came over for Christmas this year and my grandfather fell sick. (Really sick, he’s currently in rehab recovering from surgery) I will be returning to uk to quit my job and return to help support the family for 3 months on tourist visa. My grandfather means the world to me!

(A lot of my business I can build online and start to push that more.)

Now me and my boyfriend have talked more about marriage within the last year and I think he’s going to pop the question.
My question is, i am going over to USA with intention of supporting my family (no return flight booked yet, as I have a friend that works for American Airlines so I can do that part easy)
I’ll also like I stated quitted my job to support my family. (I don’t need financial support however my grandparents will be obviously supportive with living etc) (I can’t beleive grandparents can’t sponsor you because I’d already be here)

what if he proposes to me whilst I’m there?

I don’t want immagration to think I had intentions to marry as it’s not my intentions but if he pops the question and I want to be there with him and my grandfather...

very random and i hope someone can make sense of my babbling.
My thoughts are i can marry adjust status
after 3 months here go back and apply for k-1 (would possibly mean I can’t visit and I am needed to help my family right now and that is my priority)

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Old Jan 12th 2019, 12:09 am
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Default re: UKC wanting to move to US

Hi and welcome to BE.

You keep mentioning a tourist visa, but do you actually have a B-2 tourist visa? Or are you referring to the visa waiver program (VWP), where a UKC can visit the USA for up to 90 days without a visa?

You can't work in the USA as a visitor. Home care can be seen as "work" (yes, even for family members).

It could be problematic at the POE if you have no job to return to, and your grandparents will be supporting you. That can be seen as repayment for your assistance in caring for your grandfather. You will need to have the funds to support yourself during your visit.

You will especially need a return ticket if you are using the VWP. That is a condition of the VWP.

If your boyfriend proposes, then you discuss whether to go down the path of K-1 fiance visa, or get married and do a CR-1 spouse Immigrant visa. Both involve your return to the UK, but you can visit the USA during the process.

Rene

Last edited by Noorah101; Jan 12th 2019 at 12:12 am.
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Old Jan 12th 2019, 12:24 am
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Default Re: UKC wanting to move to US

it’s a Esta so I guess that’s what all UK residents have to go through.

Yes ok, so it’s best me buying a return, I can do that no problem.

I can see where that is problematic in the looking of after my family, I mean free living as it’s my grandparents house but I understand completely.

Its so crazy.
I am self employed and still will be self employed when I leave so I can move many clients online and calls through video conferencing.

the visa for me and my partner, the fact I can leave and come back makes me pleased.
I’ve heard many cases of the K-1 not being safe as they can feel like you had purpose to marry and reject the status change ?

Thankyou noora. I’ve seen you show up in many threads. You’re very kind and helpful.

Last edited by Noorah101; Jan 12th 2019 at 12:27 am. Reason: fixed line spacing
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Old Jan 12th 2019, 12:28 am
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Default Re: UKC wanting to move to US

Originally Posted by Brittex
it’s a Esta so I guess that’s what all UK residents have to go through.

Yes ok, so it’s best me buying a return, I can do that no problem.

I can see where that is problematic in the looking of after my family, I mean free living as it’s my grandparents house but I understand completely.

Its so crazy.
I am self employed and still will be self employed when I leave so I can move many clients online and calls through video conferencing.

the visa for me and my partner, the fact I can leave and come back makes me pleased.
I’ve heard many cases of the K-1 not being safe as they can feel like you had purpose to marry and reject the status change ?

Thankyou noora. I’ve seen you show up in many threads. You’re very kind and helpful.
You cannot work while you are visiting the US...no matter whether you are self employed, or wherever your biz/clients are based, or internet based. Looking after your relatives for free accommodation/food etc is classed as being employed.
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Old Jan 12th 2019, 12:31 am
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Default Re: UKC wanting to move to US

Originally Posted by Brittex
it’s a Esta so I guess that’s what all UK residents have to go through.

Yes, ESTA is the preclearance to use the VWP.

I can see where that is problematic in the looking of after my family, I mean free living as it’s my grandparents house but I understand completely.
Free living is fine, as long as you're just visiting, and not caring for someone (which can be seen as work). You are just visiting.

I am self employed and still will be self employed when I leave so I can move many clients online and calls through video conferencing.
Well, except that you can't work while you're physically present in the USA. So no, you won't be able to perform your self-employed work while you are inside the USA. That will definitely raise red flags at the POE if you are asked about it.

I’ve heard many cases of the K-1 not being safe as they can feel like you had purpose to marry and reject the status change ?
The K-1 visa is totally safe, that's why it exists....in order to come to the USA, marry, and adjust status. It would be a problem if you enter on the VWP with the plan to marry and adjust status, so don't do that.

Thankyou noora. I’ve seen you show up in many threads. You’re very kind and helpful.
Awww, thank you!

Rene
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Old Jan 12th 2019, 12:51 am
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Default Re: UKC wanting to move to US

Thank you for all of this information and reply’s.
I’m not educated on it that’s why I am asking.

I just want to be able to be with my grandfather whilst he’s in rehab, keeping him company and making sure he’s ok you know.

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Old Jan 12th 2019, 12:53 am
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Default Re: UKC wanting to move to US

Originally Posted by Brittex
I just want to be able to be with my grandfather whilst he’s in rehab, keeping him company and making sure he’s ok you know.
Yes, of course. And you can do that on the VWP as long as you don't work while you are in the USA.

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Old Jan 12th 2019, 1:01 am
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Default Re: UKC wanting to move to US

I have a question though please.
I create courses and they are 1 made and then sold every day?
Whether im in a different country or not. I’m not having to work to make money because I’ve done it once if that makes sense.

I do not want to do this the wrong way, so I will not work for the time I am here.
Thats fine.
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Old Jan 12th 2019, 1:22 am
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Default Re: UKC wanting to move to US

What is your question?

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Old Jan 12th 2019, 1:25 am
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Default Re: UKC wanting to move to US

I would not look to stay the full 90 days, may raise questions and things can happen, an overstay and no more VWP.

Most people enter like you no doubt did the last time, a couple of questions and on your way, you do hear infrequently of people getting the third degree and them finding things on their phones etc that look incriminating.
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Old Jan 12th 2019, 2:42 am
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Default Re: UKC wanting to move to US

Originally Posted by Noorah101
What is your question?

Rene
my question is.
I sell courses, so if people buy them whilst I am away will I Be looked down on for that.

Im not working but they are a product I sell.
Does that make sense!

Also thank you so much for your answers. Can I review your business ? Praise you ?
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Old Jan 12th 2019, 2:54 am
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Default Re: UKC wanting to move to US

Originally Posted by Brittex

my question is.
I sell courses, so if people buy them whilst I am away will I Be looked down on for that.

Im not working but they are a product I sell.
Does that make sense!

Also thank you so much for your answers. Can I review your business ? Praise you ?
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Old Jan 12th 2019, 3:13 am
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Default Re: UKC wanting to move to US

Originally Posted by Boiler
I would not look to stay the full 90 days, may raise questions and things can happen, an overstay and no more VWP.

Most people enter like you no doubt did the last time, a couple of questions and on your way, you do hear infrequently of people getting the third degree and them finding things on their phones etc that look incriminating.
but like I said, it’s good that I asked these questions.
I am not educated and I don’t want to break any rules. I want to do it the right way.

If it means me taking 3 months off to be with my family then obviously it’s do able.

Thank you for your time

Originally Posted by Noorah101
Yes, of course. And you can do that on the VWP as long as you don't work while you are in the USA.

Rene
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Old Jan 12th 2019, 4:13 am
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Default Re: UKC wanting to move to US

Originally Posted by Brittex

my question is.
I sell courses, so if people buy them whilst I am away will I Be looked down on for that.

Im not working but they are a product I sell.
Does that make sense!

Also thank you so much for your answers. Can I review your business ? Praise you ?
I think what you're getting at here (and it isn't clear, so apologies if I'm wrong) is that you create courses, which as subsequently sold online multiple times over, is this okay?

IF these courses were created in the UK AND you have a UK Ltd company and that company sells the course whilst you're in the US; so long as you take NO action to distribute said course, you should be fine.

BUT if you continue to create the courses whilst in the US or take ANY action in related to this work for the UK company, that could be as little as emailing the course to someone, this is working and not okay.
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Old Jan 12th 2019, 4:15 am
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Default Re: UKC wanting to move to US

This is exactly what I mean !!!! Thank you so much !!!
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