British Expatriate Network

Hiya, n00b here looking for some assistance! D

Well, here's the deal. I met a girl in the US, and I've made the decision to move out here. So here I am, me and all my stuff, and still doing a bit of freelance contract computer work for companies in the UK to keep a bit of money coming in. I'm here right now on a tourist visa (naughty naughty), but have been looking for companies who might employ me here and help me towards a proper work visa.

So, the other day, opportunity struck. A company offered me a job, said they'll write me a letter with an offer of employment, and even said they wouldn't mind dealing with phone calls from the INS! So what I want to know is this...

1) Can I apply for my work visa while I'm still in the US? (I'm here until early December as a tourist)
2) The company says they'll sponsor me, but won't pay for it... how much does it cost?
3) Is there anywhere online that has the procedure for this, and will it involve having to spend much time back in the UK?

Any and all help would be appreciated! Ta! D

I'll leave your questions for an expert to handle, but welcome to Britnet!

what you are doing now is extremely illegal and could get you sent packing pronto.

just marry her.

That is on the agenda, but she has her heart set on next autumn! :lol:

I'm told as long as I'm not working for an American employer, I'm OK to do my bit of work anywhere. Or is it the actual "looking for work" bit that's illegal?

who told you that?

drawing an income whilst in the USA on a tourist visa is illegal.

looking for work's illegal too, though, isn't it?

yes

the visa waiver pilot program has the sole purpose of short term (90 day) tourist or business visits.

One should not stay more than the date on the I-94W card and will be subject to a ban of 3 years from the USA is overstay is less than 1 year or 10 years inadmissible to the USA if overstay is longer than 3 years.

Also you will never be allowed to use the VWP again

ever.


as I said, it's sweet that she wants to wait until next autumn, but my future wife wouldn't want me to be a criminal, why does yours?

I will be going back to the UK in December for a few days, at the end of the 90-day thing, then I'll be coming back over here for Xmas, so until something is sorted out properly, I'll be doing this in 90-day chunks, and the money won't last forever! I'll have to broach the subject of the marriage thing with her... I think she's just had her heart set on an autumn wedding since she was a little girl!

aaah so you've not overstayed,
good lad.

do the VWP thing for awhile, but get her to apply for a K1 visa around Jan / Feb 2006.

But wait!  Autumn's just around the corner!  :lol:

good luck with it all

I'm no expert either, but here's my perspective.

I disagree. Holding a tourist visa (do you actually have a B2 visa, or are you here on the visa waiver?) in the first place means you're "on holiday". You don't have to quit your job to go on holiday, so you draw an income while you're away. Drawing a US income while you're here on holiday might be illegal, but I don't read that you're doing that.

On the job front, I can't see either that it's illegal for you to look for work while you're on holiday - how did others who came over to work find their jobs..? - I'm sure they weren't all recruited in the UK. there are plenty of holidaymakers who have come over and seen a job opportunity and gone on from there.

I don't think you can converts a tourist visa into a work visa - could be wrong there.

What I don't see, short of marrying your girlfriend before your time runs out and filing for AOS, is a way for you not to have to return to the UK temporarily and do the necessaries.

It is illegal to work in the USA without an EAD.
roll
semantics.

He's sat in the USA working.

and the IRS wouldn't mind having their chunk of it either, illegal or not.

From the official website:

Visa Waiver:

"The purpose of their stay in the United States is 90 days or less for tourism or business"

Need to get visa if:

[list][*]Wants to remain in the U.S. for longer than 90 days, or envisions that they may wish to change their status (from tourism to student, etc.) once in the United States;
[*]Wants to work or study in the United States, wants to come to the U.S. for other purposes not allowed on a visitor visa, or intends to immigrate to the U.S.[/list:u]

So it's pretty grey ....but best to keep quiet about intentions while on VWP.

Website: http://www.travel.state.gov/visa/temp/wi...990.html#3

*chuckles*.. Whatever, manc, it actually depends on your definition of "work" too doesn't it. I mean, a couple of hours now and then is hardly 9 - 5, is it now.

I'm just left wondering how many "tourists" come over here and find the need to look over some work while they're here. Presumably you would have them all run in for being illegal. wink

As for the IRS interest, according to them
"A nonresident alien usually is subject to U.S. income tax only on U.S. source income",
and then there are residency requirements, and international reciprocal agreements, etc., etc..

I won't come back at you again on this one, I promise - you may have the last word if you wish. razz

For the record, Russ, I did the 90-day thing for 4 years, staying here for a month then going back to the Uk for 3 months. It's very hard to do, but necessary for some of us. Last year I came over on a full B2 visa (allows you 6 months as opposed to 90- days). Came over in October, got married in February, applied for AOS in April, got my green card and SocSec in late June.
I also found it necessary to do a little work while all this was going on (I'm a musician - a choral conductor and composer - and am sometimes asked to make small changes to a piece accommodate the performers - by my definition, that is work), but I'm here now, and I'm legal!

does that make a little shoplifting any better than a lot of shoplifting?

on the VWP
Question D, looks pretty black and white (or green I guess)
they don't ask it for a laugh.



I'm not saying that some work ilegales isn't needed now and again to put food on the table, but it is still playing with fire.