tprlg

Hello all,

I'm British engaged to a US citizen. We've been together two years, known each other for three. We have a 14 month old daughter and plan on getting married in England in November I guess then he can do the petition for alien relative thing and we'll wait until our daughter and I can go live with him (although she already has dual (US/UK) citizenship). In the meantime I will travel back and fourth as much as I'm allowed on the VWP. I spent 6 months (over two trips) out there last year and am going again for 3 months on Monday. Yay!

My employers have been amazing and helped me set myself up as a consultant so that they can continue to employ me, whilst enabling me to work when I am travelling, and when I finally get over there for good I will work from home.

I think we're fairly set on the order of things and know roughly what we're doing and how we're going to do it although I imagine when its finally time to begin the whole visa application bit we'll need some advice. I hope we wont have to hire a lawyer.

I have a few questions re pensions and childcare but will try to find a relevant board on which to post those. Just wanted to say "hi".. and please wish us luck

Rosemary

Hello and a big welcome to BE.

Excellent information can be found in the BE Wiki, not forgetting the Living and Moving Abroad forum that will help you, another set of great help is the permanent threads at the TOP of each forum, they are very pertinent to that particular forum and makes sensible reading.

Moderators deal with any problems that arise such as inappropriate posts, spammers etc, you will find their names at the bottom right hand side of each forum's index in bold font.

Please contact me if I can give you any further help.

Rosemary

Jerseygirl

to BE.

I am moving your thread over to our US Marriage Visa Forum...the regulars who post in that forum will be able to help you regarding a US visa and whether you can work in the US whilst visiting.

ian-mstm

Since you haven't mentioned it, I'm guessing that your daughter has a US passport. As a USC she is required, by law, to enter the US with a US passport.

Also, be aware that having a USC husband and child could raise a red flag when you ask permission to enter the US as a visitor. If the officer believes that you might stay (regardless of any paperwork you might have already filed), you may be refused entry. The risk is low, but it is a risk.


Just a quick heads up... you are not allowed to work in the US without permission... and, as a visitor, you won't have permission. The criteria is where your physical body is when the work is being done... not who pays you, or where the money goes. It's great that they are willing to let you work, but you can't.

Ian

tprlg

Hi Ian,

Thanks, but I have frequently travelled to the US for work on the VWP in the past.. short business trips.. someone else did say the same thing but when I looked into the details of the WVP it seems that it does serve to act as a temporary business visa.. otherwise how would I have been let in before when going over there soley to work?! Bit confused here now!!

I am however aware of the risk of refused entry. Really hope it doesn't happen! I've always been very upfront about my situation with the border officials in the past and after a brief explanation they have always seemed satisfied. I guess I just have to keep my fingers crossed on that one huh

Thanks again for your advice. I do appreciate it. Trolling through USCIS website and the like is a bit of a chore! Lol

Cheers,
Jo

tprlg

Hi! And thank you!

tprlg

Hello! Thank you very much!

ian-mstm

The US makes a distinction between "business" and "work". The former is fine on the VWP, the latter is not.


Have you ever been asked the question "Do you intend to work while you're in the US?" Has your passport been stamped WB rather than WT? If WB (Waiver Business), then perhaps you've been fine... if WT (Waiver Tourist) then you do not have permission to conduct either business or work.

I just don't want you to get into trouble.

Ian

tprlg

Gosh! Thanks for that! Really dont know why they don't make these things as clear on the official websites! I wont actually be allowed to start any consultancy work inthe US until my employers are satisfied that I'm allowed to "work" there.. which I think might not be until after we're married and/or have done the AOS thing. I can always work in the UK until I'm allowed to work in the US so thankfully my job isn't riding on me "getting in" quick.

Looking at my passport I can see that sometimes I've been stamped WB, sometimes WT.. in accordance with what I've said on entry. However, sometimes they have left out the class all together! I guess that'd mean I'd be fine either way!? Probably better not to guess though eh. I do have some "business" to conduct while I'm there this time around i.e. meetings to attend via telecon (we have offices in the US and me being there eliminates any issues we have with time differences). I have no plans not to be completely up-front about this when entering. Afterall I cannot afford to do anything that would jeopardise future visits and eventual visa application. From everything I've red and the advice I've been given I do believe that our plans and intentions are all completely above board and that we're going about it all the right way.. I hope so anyway! Wouldn't it be awful if they sent me packing this trip! Eeek! Really just want my family to be together and get on with our lives, but in the meantime to spend as much time together as a family as we can while playing by the rules. Really hope this isnt deemed too much to ask

ian-mstm

If you have a business meeting to attend, then it's okay to say that when you speak to the CBP officer. You can do touristy stuff with a WB stamp... but you can't do business stuff with a WT stamp. I agree it's not too clear but that's by design. It gives the CBP officer the widest-possible latitude to perform his job.

Here's something to remember - answer only the question asked. If you are asked "Do you know what time it is?" the only correct answer is either "Yes" or "No". You don't give the time... because that wasn't the question asked. You must always tell the truth, but you are not obligated to volunteer information not specifically asked for.

Anyway, in the grand scheme of things - I think you'll be just fine!

Ian

tprlg

Ooh I hope so Ian! Thank you very much My general disposition is one of nervousness when faced with any type of official... this tends to make me a blather-mouth. Therefore, that advice is very well received and I will definitely remember it!!

JSL8610

Hello, and

Congratulations on the upcoming wedding and planned move.

I just want to add to what Ian wrote - this is especially true given the almost 50/50 split in your time between the US and UK. What you're planning is within the rules and you'll probably be fine but be prepared to show strong ties to the UK each time you go.

Also, it sounds like there's a good chance of you meeting the substantial presence test for US tax purposes before you move. Just want to make sure you're aware of it.

Best of luck with everything. I'm sure you'll find BE to be a very knowledgeable and helpful community (unless you ask somebody a question they've already answered - they don't like that )

Regards,
James

tprlg

Hi James! Hello and thanks! It did occur to me about the substantial presence thing. I admit I've been shying away from finding out more though sheer overwhelmedness.. and through not being able to find an accountant versed in both US and UK tax law! Don't a lot of Americans hire an accountent to do their tax return anyway (I know this would mean saving for any potential demand for loads of money from the IRS)? I plan on seeking some adive from an accountant on this next trip just to get my ducks in a row, so to speak. I really hate walking into the unknown like this. I have an accountant here in the UK that can sort things out this end in the event I am out of the UK long enough not to warrant paying PAYE. Still sort of feeling my way on this topic at the moment

As for "showing strong ties to the UK".. I've seen this mentioned in a few threads before and it worries me slightly.. I do, at the moment, have an employer here in the UK, I also have my own UK business, and given that I am not allowed to "work" in the US and am dependent on my salary for "maintaining current lifestyle" they are not things that I would give-up lightly. Are these things sufficient? And what evidence could I provide for these things? I am not a homeowner, but I have an address in the UK of course. I'm not sure what other ties I could have and what proof of them I could provide And now I am scared I am asking you things you've already answered

JSL8610

The whole thing seems overwhelming at first but it many cases it turns out to be fairly straightforward. It's just that the government websites can seem impenetrable. Fortunately, you've got a long time before you'll be filing anything.

This link will allow you to figure out whether you meet the substantial presence test:

http://www.irs.gov/businesses/small/...=96352,00.html

How much you'd have to pay (if any) and how to go about it is beyond me I'm afraid but no doubt somebody here knows all about it.

Haha, I'm no expert on it either and (as with most things) it's all down to the officer's interpretation. Having a job in the UK works in your favour. Perhaps your employer could write you a letter specifying the dates you are away and when they expect you back at work? Do you pay rent to a landlord? Perhaps a copy of the lease if it extends beyond your current trip?

Regards,
James

Noorah101

Hi and Welcome to BE.

Just so you're aware of the time frame, if you get married in England in November 2012, you'll be immigrating to the USA around September 2013.

Rene