DCF in London - January 2020

[Stuwoolf 44]

24 minutes ago, The4Sands said:

I think it's less about "fair" (which is one of those words that means different things to different people) and more about that it seems that there is no system and no order.  We are in a similar situation in that my mother's health has deteriorated significantly due a dramatic spread in her cancer over the last 4 weeks, and I have made that clear to the embassy (inasmuch as one can), but I guess when you're DCF, trying to expedite is meaningless because you don't have an organisation like NVC to push it through for you.

 

I haven't written to the embassy in a while as it didn't seem to be doing anything, but I will try again today.  My fear is that because I'm the American citizen, they just think, "well nothing is stopping you from going." But neither my husband or I could manage to have both kids and hold down our jobs on our own for an undetermined amount of time and not working obviously isn't an option either.  I don't have a problem with waiting, I have a problem with waiting for something that might not actually be coming because my petition fell through the cracks or my letter is lost in the post or something.  As you say, I appreciate there are delays, but the lack of information and transparency is maddening.

If ever there was a need for expidited processing, this is surely it! Utterly shameful of the Visa Unit not to recognise the gravity of your situation.

 

Is it an option to gather up everything and you and your family just go to the US? Maybe by your return the info awaited will be at hand. Worry about that once you arrive in US and spend time with your mother.

 

Best wishes🙂

 

[Stuwoolf 44]

Update on US Embassy website Sep 3rd 1400hrs.

 

https://uk.usembassy.gov/information-for-nonimmigrant-visa-applicants-following-the-coronavirus-covid-19-outbreak/

 

No help at all!!!!!

[The4Sands 67]

1 minute ago, Stuwoolf said:

If ever there was a need for expidited processing, this is surely it! Utterly shameful of the Visa Unit not to recognise the gravity of your situation.

 

Is it an option to gather up everything and you and your family just go to the US? Maybe by your return the info awaited will be at hand. Worry about that once you arrive in US and spend time with your mother.

 

Best wishes🙂

 

Thanks, @Stuwoolf, I appreciate that. 

 

That's pretty much what I've been deliberating for the past week.  My parents are terrible at communicating about the situation and it's very hard to gauge the seriousness of it.  I've asked my dad if the primary oncologist would speak to me directly in the hopes that she would be frank about how much time we're actually looking at.  But even if she says my mom has years left, every day is still one less of a very limited period of time, but at least waiting might feel less dire...

 

Nothing in the post today and not even the auto-reply email from the embassy.  Not sure if that's a good sign or a bad one 😂  Hang in there everybody.

[Stuwoolf 44]

1 hour ago, The4Sands said:

Thanks, @Stuwoolf, I appreciate that. 

 

That's pretty much what I've been deliberating for the past week.  My parents are terrible at communicating about the situation and it's very hard to gauge the seriousness of it.  I've asked my dad if the primary oncologist would speak to me directly in the hopes that she would be frank about how much time we're actually looking at.  But even if she says my mom has years left, every day is still one less of a very limited period of time, but at least waiting might feel less dire...

 

Nothing in the post today and not even the auto-reply email from the embassy.  Not sure if that's a good sign or a bad one 😂  Hang in there everybody.

Is it not possible to arrive in US and then adjust status?

[The4Sands 67]

3 minutes ago, Stuwoolf said:

Is it not possible to arrive in US and then adjust status?

Is that not immigration fraud? He'd be entering on an ESTA with immigrant intent which I thought was a no-no.  Otherwise wouldn't everyone do that?

[Stuwoolf 44]

12 minutes ago, The4Sands said:

Is that not immigration fraud? He'd be entering on an ESTA with immigrant intent which I thought was a no-no.  Otherwise wouldn't everyone do that?

Oh, I see. With such difficult circumstances there surely must be some other options than just being ignored? Its bad enough for those who just want the process to proceed without having family issues too.

 

Its a very poor show!

 

Nothing again today and with it being Labour Day Weekend I presume for this week, "Thats all, folks"

 

Oh well, maybe next week......

[The4Sands 67]

Okay, so here's a question: if I move to the States now(ish) and my husband stays here waiting for his application to progress, but he comes and visits me... is he allowed to work while he's visiting?  He works (remotely for the foreseeable future) for a British-based company with no American branches.  I looked at the ESTA webpage and this is what it says (emphasis mine),

 

4. The ESTA allows you to travel for tourism or business purposes

Provided you are travelling for periods of 90 days or less, your ESTA allows you to visit the United States for pleasure or business purposes. It’s important to understand what is understood as ‘business purposes’, as this does not encompass travelling to the USA to seek work or to take on a job position for a local employer. Rather, travelling for business purposes covers visiting the USA to attend meetings, conferences, congresses, etc. As well as tourism and business, there are some other specific circumstances under which you can travel to the USA with the ESTA. For example, you can go to the USA with ESTA for certain short-term medical treatments, or to attend academic courses that are under three months in less, and which do not constitute academic credit.

 

It specifically says about seeking work (which he won't be doing) and taking local work (which he also won't be doing).  I appreciate that this is seen as a weird grey area and opinions and experiences around this have varied significantly.  Is it @geowrian who says something like "would you be comfortable telling CBP what you're doing?" and I don't know.  My husband thinks he would be, because he always says he's entering for business purposes when he travels there for work and he doesn't see how this would be any different.  I'm not sure because he wouldn't be going for a specific event.

Edited September 3, 2020 by The4Sands

[Mpere 11]

4 hours ago, Wuozopo said:

That is not the norm and I think those additional details are for the final security clearance they run everybody through. Your Chinese nationality is most likely the reason for the extra scrutiny. If you have any scientific background then more so. They have to rule you out as any kind of terroristic threat. There was a time that anybody interviewing in London with nationality from India, Pakistan, or the Middle East would average about four weeks in AP before the visa was issued.  I suppose tensions with China has extended scrutiny into that area. 

Thank you for pointing that out, it is kinda relief to know that is none of my own fault! I have a degree in electrical engineering and have been working in a high-tech manufacturing company in the UK, that probably triggered the CV requirement. He did mention that once they receive my CV, it will take about 2 weeks to process. 

[Stuwoolf 44]

37 minutes ago, The4Sands said:

Okay, so here's a question: if I move to the States now(ish) and my husband stays here waiting for his application to progress, but he comes and visits me... is he allowed to work while he's visiting?  He works (remotely for the foreseeable future) for a British-based company with no American branches.  I looked at the ESTA webpage and this is what it says (emphasis mine),

 

4. The ESTA allows you to travel for tourism or business purposes

Provided you are travelling for periods of 90 days or less, your ESTA allows you to visit the United States for pleasure or business purposes. It’s important to understand what is understood as ‘business purposes’, as this does not encompass travelling to the USA to seek work or to take on a job position for a local employer. Rather, travelling for business purposes covers visiting the USA to attend meetings, conferences, congresses, etc. As well as tourism and business, there are some other specific circumstances under which you can travel to the USA with the ESTA. For example, you can go to the USA with ESTA for certain short-term medical treatments, or to attend academic courses that are under three months in less, and which do not constitute academic credit.

 

It specifically says about seeking work (which he won't be doing) and taking local work (which he also won't be doing).  I appreciate that this is seen as a weird grey area and opinions and experiences around this have varied significantly.  Is it @geowrian who says something like "would you be comfortable telling CBP what you're doing?" and I don't know.  My husband thinks he would be, because he always says he's entering for business purposes when he travels there for work and he doesn't see how this would be any different.  I'm not sure because he wouldn't be going for a specific event.

Great question. 

 

Having thought a bit more, in your position, I would parcel up my family and travel on a ESTA. Is it 90 days max on an ESTA? I think I would stay 80% of what I'm permitted then, with a bit of luck, when (UKC) arriving back in UK, the LND is waiting.

 

That would give you time to, if necessary, re-establish domicile, secure work, get a place to stay etc. Thats the i-864 covered and also the question of intent to domicile.

 

I would book flights via Dublin and clear US Customs there. If there is a problem its easier to return to UK from Dublin than US.

 

Ha, if that is above board, we may do just that.🙂

 

Is that an option and within the rules?

Edited September 3, 2020 by Stuwoolf

[Mpere 11]

Someone at the embassy answered the call gave out some information that they just finished the students visa which was prioritised. So maybe they will start focusing more on the spouse visa?! Good luck everyone, hopefully they will send out letters/emails soon! 

[geowrian 22,337]

1 hour ago, The4Sands said:

Okay, so here's a question: if I move to the States now(ish) and my husband stays here waiting for his application to progress, but he comes and visits me... is he allowed to work while he's visiting?  He works (remotely for the foreseeable future) for a British-based company with no American branches.  I looked at the ESTA webpage and this is what it says (emphasis mine),

 

4. The ESTA allows you to travel for tourism or business purposes

Provided you are travelling for periods of 90 days or less, your ESTA allows you to visit the United States for pleasure or business purposes. It’s important to understand what is understood as ‘business purposes’, as this does not encompass travelling to the USA to seek work or to take on a job position for a local employer. Rather, travelling for business purposes covers visiting the USA to attend meetings, conferences, congresses, etc. As well as tourism and business, there are some other specific circumstances under which you can travel to the USA with the ESTA. For example, you can go to the USA with ESTA for certain short-term medical treatments, or to attend academic courses that are under three months in less, and which do not constitute academic credit.

 

It specifically says about seeking work (which he won't be doing) and taking local work (which he also won't be doing).  I appreciate that this is seen as a weird grey area and opinions and experiences around this have varied significantly.  Is it @geowrian who says something like "would you be comfortable telling CBP what you're doing?" and I don't know.  My husband thinks he would be, because he always says he's entering for business purposes when he travels there for work and he doesn't see how this would be any different.  I'm not sure because he wouldn't be going for a specific event.

As for CBP, it would alright to say he is just visiting his spouse. He is. Just don't lie. Entry is always at the discretion of CBP.

 

As for remote work, that is a grey area between immigration law and tax law. "Business purposes" includes things like meetings, conferences, "passive" work (responding to emails and taking calls for the home office, etc.). I sounds like he plans to go beyond that - it's not a "is it work vs business activities" question. It's more of a question of does immigration law prevent him from remotely working for a foreign employer while physically in the US. And I do not have a clear answer for that...it can legitimately be argued either way (and there are many threads doing that on this site). Immigration law has not been updated to cover this circumstance well.

 

At the same time, CBP could deny entry for suspicion of planning to work without authorization...they don't really need to confirm it. He's a visitor and a visitor can be denied entry for suspicion of planning to violate law. They don't need to prove actual violations to deny entry. And for VWP travelers specifically, one waives any rights to contest it.

 

That's my non-answer answer....wish I could say something more definitive but it is what it is. I hope that at least left you with the information to make an informed decision, though.

Edited September 3, 2020 by geowrian

[Wuozopo 4,293]

2 hours ago, Stuwoolf said:

Is it not possible to arrive in US and then adjust status?

 

2 hours ago, The4Sands said:

Is that not immigration fraud? He'd be entering on an ESTA with immigrant intent which I thought was a no-no.  Otherwise wouldn't everyone do that?

 People successfully adjust from ESTA all the time. Planning to circumvent immigration ahead of time in this way is the fraudulent part. If you were there to visit, and Mom’s illness made it impossible for hubby to return to UK with kids, then the change of circumstances to remaining and applying for a greencard was not premeditated fraud.  Your intent would be pretty hard to prove and in reality, the ones I have read are never asked about that at the adjustment of status interview. A legal drawback is if the greencard was denied for some reason of ineligibility  (drug dealer, crimes, prostitute, Nazi) then there is no appeal because you waive appeals when you enter on ESTA. 
 

BUT you are so very close to a visa and greencard, it would be completely daft to adjust status which could take a year or so to get a greencard and 6 months for him to get work authorization or qualify for a driver license. With the visa, he gets all that the day he enters the US. 

[Wuozopo 4,293]

1 hour ago, The4Sands said:

Okay, so here's a question: if I move to the States now(ish) and my husband stays here waiting for his application to progress, but he comes and visits me... is he allowed to work while he's visiting?  He works (remotely for the foreseeable future) for a British-based company with no American branches.

My answer would be exactly the same as Geowrian. Not covered so everybody has debated it for years. Some do and some don’t.
 

I will add a question,  Who would be observing what he did in the privacy of your mother’s home? Would she report him to ICE. Would they care? 

Edited September 3, 2020 by Wuozopo

[Robyn-n-Kris 72]

Still nothing today in either post or email.

[Stuwoolf 44]

16 minutes ago, Robyn-n-Kris said:

Still nothing today in either post or email.

😔