I (British) am currently in USA with my wife (American) on an ESTA. Do I need to apply for a visa assuming we'll be stuck here for more than 90 days?

[olliep 0]

Hi all. Firstly I hope all of you and your families are safe in this uncertain time.

 

My wife and I arrived in the USA on 13th March from the UK. My wife has permanent residency in the UK and we were coming back to see her family for 3 weeks. Our return flight has now been cancelled and of course as you know every day there are more stories about things shutting down, borders closing etc. I even saw a news piece about visitors who have come from the UK are now required to enter through a pre approved US airport. I guess we're really lucky we got in when we did...

 

We are currently living with my wife's parents and I am working remotely to my job in the UK. Should I start preparations for some kind of longer term visitor's visa? Or does anyone know of plans to extend ESTA length temporarily due to the circumstances? The last thing I want is for us to be separated, and additionally I don't want to overstay my time here and face penalties in the future.

 

Any advice is greatly appreciated! Thank you in advance.

Edited March 20, 2020 by olliep

[milimelo 4,486]

You could do adjustment of status if you don’t want to leave the US. 

[Just Paul 4,595]

19 minutes ago, olliep said:

Any advice is greatly appreciated! Thank you in advance.

There are still flights to the UK from the US.  Since she has residency there she should be able to return with you.

[payxibka 10,045]

The only for sure answer is to leave before they shutdown the skies

[ThomasNC1988 762]

You're in a tight spot with the only 2 sure solutions being leave now or stay forever. Kind of sucks.

[African Zealot 1,455]

Let’s be honest. The USA doesn’t really want you here at this time. Although they may put in blanket extensions waivers for people already visiting, there are no guarantees. Immigration really doesn’t care that you don’t want to be apart from your wife. If you violate your ESTA there is no guarantee it will be overlooked in the future.

 

As a British citizen the safest place for you now is to be in the UK. The decision is yours to make.

[SusieQQQ 11,586]

10 hours ago, olliep said:

.... I guess we're really lucky we got in when we did...

 

We are currently living with my wife's parents and I am working remotely to my job in the UK. Should I start preparations for some kind of longer term visitor's visa? Or does anyone know of plans to extend ESTA length temporarily due to the circumstances? The last thing I want is for us to be separated, and additionally I don't want to overstay my time here and face penalties in the future.

Not sure about the “lucky” bit unless you’re happy to be stuck here. Which you don’t need to be, there are still flights out and I’d urge you to take one. 
 

some issues with you staying:

- no, ESTA length doesn’t get extended.
- Moreover, you cannot change status to a B or extend the stay when you enter on a VWP.  That leaves you two options if you don’t go back now: (1) adjust status to green card based on your marriage (2) overstay, which means you lose your ESTA privileges (possibly forever) and will find it very hard to get a B visa. If you don’t ever plan to visit the US again, this is fine, but if you do then you need to leave

- regardless if you overstay, if you’re here for >6 months you may need to start paying US tax on your earnings (technically you shouldn’t be working remotely from the US on a ESTA either by the way).

Edited March 21, 2020 by SusieQQQ

[SalishSea 17,842]

19 hours ago, olliep said:

I am working remotely to my job in the UK.

Not permitted on ESTA.  Shaky ground.

[NikLR 13,227]

Suggest leaving sooner than later if you want to keep your esta and dont want to live in the USA.  

[pm5k 129]

I agree with the others.  Moving back to the UK is probably the best move right now, especially with the remote work comment...

[Boiler 45,557]

Somebody I know flew back yesterday, somebody else flies back next week, both from Florida.