Owen778

Something else to consider - she may end up being in the US long enough to count as subject to US taxes under the substantial presence test for calendar year 2020. https://www.irs.gov/individuals/inte...-presence-test

Not sure if the OP (Dublo) is still reading this thread, but he or she will definitely be subject to US taxes for 2020.

tht

I think the “tail risk” here is that on a new VW entry an office takes a different view of the multiple extensions in the context of home ties and intent etc.... if someone has really been “stuck” here it would be strange for them to return again while the situation is getting worse rather than better.... kind of like someone one trying to do multiple back to back 89 day VW trips.... even if something is allowed by the rules it does not mean that’s what happens in practice... but as with all these things I guess it comes down to luck on the day.... at least coming from Mexico reduce the risk of being kept in custody overnight pending the flight home.... my guess is those places are worse than jails for CV19 these days...

The pending E2 would probably not help demonstrate home ties either... if I this approved they would still have to leave for an embassy interview I assume for visa stamping...

scrubbedexpat099

Can not adjust on VWP nor use it to live in the US.

Rete

I thought travel to Canada and Mexico did not reset the VWP clock.

The US Consulate website:

"The Visa Waiver Program (VWP) allows a maximum stay of 90 days stay. If you go to Canada, Mexico or the Caribbean, and while you are there your initial 90-day period of entry expires, you may encounter a problem when you need to come back in to the U.S. to fly home. The terms of the VWP are very clear – it is only to be used for occasional, short visits to the U.S. If the U.S. Customs and Border Protection ( CBP) Officer thinks you are trying to “reset” the clock by making a short trip out of the U.S. and re-entering for another 90-day period, you can be denied entry. (If that happens, you will have to obtain a visa for any future travel to the U.S.) In order to be re-admitted to the U.S. shortly after a previous admission expired, you will have to convince a CBP Officer that you are not trying to “game” the system."

scrubbedexpat099

Seems she went home and is coming back via Mexico.

karenkaren1

Assuming she makes it past Immigration...she fully intends to return to UK within 90 days or when her embassy appt comes thru, whichever happens first. She has her own business back in UK. She hasn't had much need to be there herself due to Covid19 restrictions affecting the day to day running however she does still have a team of staff, property, car etc and can show ties for sure. She still has a UK income but prefers Floridian warmth over a gloomy cold English lockdown. Cant say I blame her...

scrubbedexpat099

Well we will know tomorrow, her actions tend to suggest any ties she has are extremely limited.

karenkaren1

Wouldn't her legitimate E2 plans make her home ties irrelevant? Im pretty sure the petition accepted already (Im not so clued up on E2 process tho). Albeit it suited her to keep getting satisfactory departures on last visit... she also has proof of her flight bookings getting cancelled left, right and centre. (It was obvious at the time which flights you could still book which would clearly not be flying). I don't see anything she has done or doing being 'legally' wrong, but will soon see.

tht

I would think it would count against her, not help her as it shows her real intent.

all that aside you have said she has been “ ‘visiting’ “ here for 90 days + 120/150 (4 or 5 extensions) and is now looking to come here for up to 90 more days if she does not have an interview come up.... that means she is planning to be here for between 300 and 330 days in a 1year period.

Even if she is admitted again it could come back to bite her at the E2 interview.... it would not be illogical to think that she may have had to interact with her business at home or done some local prep for her E2 while here... either of which could cross the line of “working” depending on the specifics... some of it may be permissible assuming she did a VW-B entry not a VW-T but it’s pretty limited and a I think they could be skeptical if she has effectively been living here for a year... did she live in a hotel or has she already rented or brought her home here?

https://www.uscis.gov/working-in-the...siness-visitor

Nutmegger

The E-2 is a non-immigrant visa. One is supposed to maintain ties to the home country and return there once the visa expires/is not renewed or the business closes.

karenkaren1

No problems today. Maybe having global entry helped but didn't even get asked when she was last in UK!

tht

Well unless the process is different that the regular Global Entry you can’t really get asked questions until customs because your are using a machine to answer preset question. GE was only available to GC holders when I first got it back in 2011 (I used to travel a lot so it was a real time saver) but I saw they opened it up a few years ago to visa / VW from a few countries. Hopefully being a us tax resident / having visited” here for nearly a year won’t go against her at her E2 interview. CV19 risks aside I can totally understand not wanting to be in the UK winter.... assuming she has some other reason she wants to be in Miami (like a love interest) because there are plenty of cheaper/warm places to hang in Mexico like the coast south of Cancun...

karenkaren1

you are smart...and spot on! feel like ive now hijacked the threat from OP but will update after her interview.

scrubbedexpat099

Any news?

karenkaren1

hi, yes I updated a few posts back. all fine and used global entry machines. still unsure as to future tax/visa implications tho