Eggybread

Hello there,

It's my first time posting so be gentle I wonder if someone can offer me some guidance please?

I'm a 31 year old female (although I look much younger, obviously) having recently returned from a holiday in NYC. I liked it so much I've decided I'd like to do a longer visit of. At this point, I have every intention of returning to the UK after my 6 month stay.

I work freelance in the UK, set up as a limited company. The work is Architectural Computer Generated Imagery related and I intend to still work for my UK clients whilst I'm there, aswell as potential new US clients. There is someone in the UK who can manage the UK based meetings etc whilst I'm away. I could also take a break from work and employ someone to cover my work in the UK if I'm not allowed to work in the US (for my UK company, or new US set-up if I needed to look at this?), depending on what is allowed.

Some help on the visa side of things would be appreciated as I can only find information on 3 months visas that are for tourism and business. Even if I reduced my stay for 3 months, I don't know if I'm allowed to work for my UK business in that time. The only other visa I can find is to apply for a permanent stay.

I'd also love to hear from other females of a similar age who have done something similar. I'm super energetic and although I know there is plenty to do, I would like to make friends when I'm there. I was thinking of bringing my dog with me but am now thinking of leaving him with family whilst I'm away as moving into a shared appartment would be more cost effective, and less isolating.

My other concern is safety so any areas to avoid would be appreciated. Areas I visited and enjoyed were mainly Manhattan based - Around the Meat packing district, central park, TriBeCa etc. I walked over Brooklyn Bridge but didn't get the same buzz there. Nice people though Infact everyone was nice, but I did wander into some neighbourhoods I felt I wouldn't feel safe walking at night. I hope that's ok to say...

Any points in the right direction would be much appreciated. I've read areas of the forums / Us embassy sites etc but am struggling to find direct answers for my circumstances.

Thanks so much in advance XX

ian-mstm

There is the Visa Waiver Program (VWP) which is not a visa, but allows you to visit the US for up to 90 days; and there is the B-2 visa which will allow you to visit up to 6 months. You are not likely to get a B-2 visa if you are otherwise eligible for the VWP. If you apply for a B-2 visa and it is denied, you must thereafter declare that visa denial on every subsequent visa application (including the VWP) to the US. A visa denial may affect your eligibility to use the VWP.

With both the VWP and the B-2, you are not allowed to work in the US, even if it's for a UK company and even if wages are deposited in a UK bank.


Don't ever - ever - confuse visiting the US with living in the US. You can not live in the US without the appropriate visa... and neither the VWP nor the B-2 visa is appropriate.

If, indeed you want to live and work for an extended time in the US, you'll need an employment-based visa... and that means you need a US company to sponsor you for the visa. You can not get an employment-based visa on your own.

Given the information you post, I suggest you stick to the VWP.

Ian

dbj1000

None of your work-related paragraph is allowed under the rules of the VWP or B-2 visa, and the fact that you're freelance and are capable of working with UK and US clients will only count against you in your (already slim) chances of being granted a B-2 visa.

Eggybread

Thank you so much. I hadn't heard of the 6 month visa despite my research efforts. I'll read up on how one is granted a B2 visa and in what type of circumstances these are issued.

With the advice you've given me in mind, I would still need my UK business to run whilst I'm away, and therefore let my subcontractor take over short term. Would there be checks done on my UK business? I'm concerned that if they see the income of the business still being the same that they may think I'm hiding in an apartment with a laptop still working anyway! I really don't want the hassle of showing all my business paperwork.

With regards to my dog, I'm confused by you mentioning confusing living and visiting (sorry). Is it ok that I might bring a dog over for a 6 month stay (or now more likely 3 months) - I had a dream of staying near Central Park him really enjoying it, aswell and him enhancing my stay as I love his company. I was going to make my dog decision based on duration of stay, finance, and if going into shared accommodation would be best for me socially. I don't mind slumming it a bit for a few months for the greater good if it gets me a safe area to stay in, but I do mind what accommodation there is for my dog (ha! what a statement!).

Thanks so much for such a speedy reply XX

Jerseygirl

You cannot live here without a visa...only visit. If you tell the immigration officer you're living here for 90 days you will be refused entry. If you land at a US airport with your dog it doesn't look like your visiting does it?

Nutmegger

Then don't drag him back and forth across the Atlantic. The US is nowhere near as dog friendly as the UK; there are many health risks to dogs here that don't exist or are not as dire in the UK (rabies, Lyme, heartworm) and which he would need immunizations for; in many cities, places to run for dogs are limited to specific dog parks; only service dogs are allowed in shops, restaurants, on public transportation; if there is any kind of incident involving biting you are in big trouble in this litigious society. And that is on top of the fact that, as has already been mentioned, you can't just show up here for your vacation with your dog without inviting intense scrutiny -- and an immediate trip back home.

ian-mstm

No. The US has no interest in your UK business.


Respectfully, let it remain a dream. While I understand you wanting your dog with you (I feel the same... take my 2 dogs everywhere) it will be a tremendous strain on both of you.

Ian

Sarah

Regarding the dog situation, I'm pretty sure you can be a foster-parent for a dog while you're here which would be preferable to bringing your dog from the UK. Also not to be a downer, but I think the other poster is right about your dream of living near Central Park remaining a dream, unless you're very wealthy.

Noorah101

The B-2 visitor's visa is issued in the type of circumstance where someone is not eligible to use the VWP, or the individual is much older (of retirement age). Neither of these seems to apply to you.

You'll do yourself way more harm than good if you apply for the B-2. If it's denied (which is likely), then you have to re-do ESTA and declare the visa denial, which usually results in a denied ESTA. Then you have to wait some time, like 6 - 12 months, before trying ESTA again...it becomes a big hassle.

Just go for another VWP visit, without the dog. Most people don't bring their pets on a long vacation like that, so it would definitely raise red flags at the POE if you showed up with the dog.

Rene

Eggybread

Thanks so much everyone for your help. It seems taking your dog away with you for holidays in the US is a different thing to doing it in Europe. My dog comes everywhere with me and a 7.5hr flight isn't much more than a 5hr flight he's done many times before. And he'd love the city and park so it does seem a shame. But, taking your advice, he can stay at home on this occassion with a new bone, and I'll skype him

So, I'm visiting you guys for 3 months. I've just had an ESTA for my week holiday last month, do they knock a week off my 3 months? Also, in terms of working, I'll be allowed to make work phonecalls to UK clients, respond to emails etc? Can I make appointments to see new US leads to work for them when I return home? It says 'tourism and business' so I guess I can do work related things so long as I'm not being paid for actual work. I'm struggling to see where the line is drawn...

Thanks again to you all, this forum is the best! Liza

BTJ

ESTA is 2 year authorisation to travel to the US on VWP.

Everytime you leave North America (US, Canada, Caribbean, Mexico) then your VWP 90 days resets.

hobbes79

The "and business" is typically reserved for meetings i.e. manager in London office comes over to meet with manager of New York office. That's not a hard and fast rule by any means, but that's why the "and business" is in there - to allow international business.

As my old boss always said "everyone knows nothing productive gets done in meetings, so immigration don't have a problem with it"

Eggybread

Brilliant. Too true, too true. So I guess I could reply to emails and make phonecalls, and possibly meet work contacts, but not actually do any paid work per say during my visit (i.e. something I would invoice for). Cool. This could be a great visit of me relaxing in the park and emailing "work harder" to the guys back home I should have come up with this plan years ago!

Thanks again everyone for their advice. Is there anyone with any input into the social situation? I'd love to hear from other young females and how they've made friends, and found their neighbourhoods for stepping out at night safely. Liza

hobbes79

If the e-mail you send generates revenue and payment for yourself, regardless of the fact that you're paid in another country, you are technically working in the US.

It's been discussed on here before. You then get into a prolonged debate about whether anyone is actually going to check your e-mail and to what extent each individual e-mail or phone call is realistically *work* i.e. forwarding a video of a cat playing a piano is probably ok... preparing and e-mailing an invoice is not.

Like I said, it's quite grey.

Meeting work contacts... maybe ok. But if you then do any work for them while in the US, even if the payment is sent to the UK, you're contravening the VWP.

Noorah101

Also, I beleive you have to be honest at the POE and tell them your visit is for both tourism AND business.

Rene