Employment question on ESTA

[Juls801 70]

Hello. Quick question. My boyfriend is applying for the ESTA with the VWP. He's from the UK but is currently unemployed. He was layed off his job last month so we are taking advantage of his time off to have a nice long trip. We're planning on having him stay about 85 days. We have been together over a year bit this is the first time we are meeting. We plan to get engaged whole he is here and apply for the k1 visa after his divorce is final (it's been a very long drawn out court battle). Anyway, since he isnt working and has been living with his mom taking care of her he doesnt have a lease or employer proof to bring. I know it's a chance he will be denied entry but is there anything else he should bring to prove he is not a risk of overstay? He will be my guest and I'm supporting him while here. He'll have minimal funds but will have his return ticket.

Another question is on the ESTA form it asks for employer info. His last job he was paid 'under the table'.... can we still put that employers info?

[Alabamak1 688]

5 minutes ago, Juls801&Gtr1000 said:

Hello. Quick question. My boyfriend is applying for the ESTA with the VWP. He's from the UK but is currently unemployed. He was layed off his job last month so we are taking advantage of his time off to have a nice long trip. We're planning on having him stay about 85 days. We have been together over a year bit this is the first time we are meeting. We plan to get engaged whole he is here and apply for the k1 visa after his divorce is final (it's been a very long drawn out court battle). Anyway, since he isnt working and has been living with his mom taking care of her he doesnt have a lease or employer proof to bring. I know it's a chance he will be denied entry but is there anything else he should bring to prove he is not a risk of overstay? He will be my guest and I'm supporting him while here. He'll have minimal funds but will have his return ticket.

Another question is on the ESTA form it asks for employer info. His last job he was paid 'under the table'.... can we still put that employers info?

jobs under the table are not income, so no you cannot provide that as income. I would refrain from showing any immigration officer any kind of "under the table" income or on any kind of visa application, because it would jeopardize his entry and/or future immigration process. From my understanding travelers on ESTA are less likely to be scrutinized, but good that you are prepared. 

 

also you mentioned the fact that he is not divorced still. I have no idea about the Embassy in London, but we aware that immediatly filing for a k-1 or even CR-1 after divorce could bring up red flags. Althought the K-1 is a quicker visa to get into the US and be with your loved one...CR-1 at this point is almost as long and gives you a GC at POE. My wife is going through the k-1 process right now and still no EAD/AP. We filed end of July 2017 for k-1.  Just something to think about. 

[Ontarkie 14,233]

~~Non conductive post removed. Stick to answering the OP's question or do not post.~~

[Juls801 70]

10 hours ago, Alabamak1 said:

jobs under the table are not income, so no you cannot provide that as income. I would refrain from showing any immigration officer any kind of "under the table" income or on any kind of visa application, because it would jeopardize his entry and/or future immigration process. From my understanding travelers on ESTA are less likely to be scrutinized, but good that you are prepared. 

 

also you mentioned the fact that he is not divorced still. I have no idea about the Embassy in London, but we aware that immediatly filing for a k-1 or even CR-1 after divorce could bring up red flags. Althought the K-1 is a quicker visa to get into the US and be with your loved one...CR-1 at this point is almost as long and gives you a GC at POE. My wife is going through the k-1 process right now and still no EAD/AP. We filed end of July 2017 for k-1.  Just something to think about. 

Thank you so much! Two great details I was not aware of. I swear I read everything and still learn so much!

We will leave out that job on all apps. Thankfully (kind of) he was also recieving benefits for taking care of a sick relative at the time so that can be what we will use as his income. For the ESTA we just decided to put a previous employer since the question doesnt state most recent...just have you worked previously. It was approved within a minute without problems. 

Where have you found the info on a k1 application soon after a divorce being a red flag? Why would the CR1 be less of an issue for that? 

Wow! That is a really long wait for your wife. Thanks for that info...you've given us a lot to think about. 

[Alabamak1 688]

2 hours ago, Juls801&Gtr1000 said:

Thank you so much! Two great details I was not aware of. I swear I read everything and still learn so much!

We will leave out that job on all apps. Thankfully (kind of) he was also recieving benefits for taking care of a sick relative at the time so that can be what we will use as his income. For the ESTA we just decided to put a previous employer since the question doesnt state most recent...just have you worked previously. It was approved within a minute without problems. 

Where have you found the info on a k1 application soon after a divorce being a red flag? Why would the CR1 be less of an issue for that? 

Wow! That is a really long wait for your wife. Thanks for that info...you've given us a lot to think about. 

it's not an absolute red flag or obvious one for time of being divorced and get married as soon as that happens. the problem is with immigration officers, they have the last word...they can or may think...the beneficiary is seeing a good chance to immigrate to the US and the only chance for it. i do not have a case to go by. this is just my personal intuition and what i have read on VJ. 

 

CR-1 is just currently few months longer to get, but a GC is available at POE. Not possible with k-1. Now when it comes to either CR-1 not being less of an issue....i think i misguided you there. I think either visa is and may be scrutinized by the IO for how long a person has been divorced and how fast they marry soon after. take this with a grain of salt. i am not an expert, but i would look into a bit deeper if i was the IO. 

 

hope this helps, like i said...just a personal opinion, not trying to discourage you from applying.