Travelling on tourist visa whilst waiting for I-130

[designguy 1,179]

1 hour ago, Morgan5698 said:

If he was going to the US for business purposes, attending the office of a subsidiary and working there temporarily in a limited capacity for the benefit of the group, while paid from the source company in the foreign country, he'll be fine. 

Wrong. You can not work in any capacity in the US without authorization. Just because you may have done it, doesnt make it legal.

[Morgan5698 58]

18 minutes ago, designguy said:

Wrong. You can not work in any capacity in the US without authorization. Just because you may have done it, doesnt make it legal.

If you say so. 

 

https://www.official-esta.com/esta-resources/esta-for-business-purposes/

 

[designguy 1,179]

4 hours ago, Morgan5698 said:

If you say so. 

 

https://www.official-esta.com/esta-resources/esta-for-business-purposes/

 

That is not an official government site. Nothing there should be taken as fact. 

 

Quote

Visa Waiver Program travelers entering the United States with ESTA authorization are not allowed to work.

https://de.usembassy.gov/unpaid-work-is-work-make-sure-you-have-the-correct-visa/#

[Jens79 64]

It's a little bit of a side-topic to this discussion. But it has been discussed at length multiple times.

 

ESTA / VWP / B1 / B2-visas are NOT for work. You can't be employed here, you can't do work, you can't be paid for work or services while you're here on any of those. 

 

But you can attend business meetings. You can participate in interviews (even an interview for a future job, but while it's technically fine to do so it may raise suspicion if the CBP hear about it). You can be in business meetings with a subsidiary of the same company as you work for in your home country or with any other company that you are doing business with or plan to do business with, it doesn't matter. You can answer your phone and you can reply to business e-mails while you're here. But you can't set up shop and "work remotely". Is it a gray zone? Maybe, but also not that hard to figure about what's OK and what's not. 

Edited August 5, 2020 by Jens79

[Morgan5698 58]

2 hours ago, Jens79 said:

But you can attend business meetings. You can participate in interviews (even an interview for a future job, but while it's technically fine to do so it may raise suspicion if the CBP hear about it). You can be in business meetings with a subsidiary of the same company as you work for in your home country or with any other company that you are doing business with or plan to do business with, it doesn't matter. You can answer your phone and you can reply to business e-mails while you're here. But you can't set up shop and "work remotely". Is it a gray zone? Maybe, but also not that hard to figure about what's OK and what's not. 

This is it. Bottom line is it’s up to the CBP officer to decide as the rules are very subjective. ‘Are you there for legitimate business or to work and live’? All I can speak of is from experience from myself and literally dozens of colleagues over 15 years. Never known any issues for doing business. 

[Japples 31]

Hello,

 

My wife is a Canadian citizen and we are waiting for an interview date. However, she has to take a medical school board exam by September. It is only available in the US and I was wondering if that could be a legitimate basis for her to be able to cross the border. I live in WA so she will be going back to Canada after she completes the exam. 

[yere_and_kanbi 3]

Hi there...

Yes travelled multiple times using a visa waiver (Esta) from Europe while I-130 was pending......

Absolutely no problem...

[Ismee 0]

Hi Yere_and_Kanbi,

what do you declare as your purpose for travel then when you reached immigration..  Did you have to disclose you were married and your I-130 is currently being processed? (or that is visible to them on their systems_

[bobjennyhitched 99]

On 7/30/2020 at 8:50 AM, Dags said:

hey guys,

 

i've been reading about travelling on tourist visa or visa waiver during I-130 pending approval and I've seen mixed feedback about it. Has anyone here actually travelled to US on tourist visa whilst waiting for approval? If so, did you get some trouble when entering US borders?

 

Thanks! 

Hi, I just wanted to add my two cents, pennies whatever..... I travelled multiple times on the ESTA to visit my husband, my longest stay was 7 weeks. I worked remote and in the HQ whilst I was in the US.

 

Unrelated, back in 2014, before I met my husband, I went to work in the states for a short time and at the time I had a B1/B2 and C1/C2 visas as I'm ex-cabin crew. It was in my valid passport at the time and the agent told me I'd get more rights on that visa then the ESTA. My memory is hazy on that lol but thought I'd throw it in there.

 

Good luck!

[PBabz 137]

I haven't seen any recent accounts of anyone making a trip to the US from the UK and I continue to be nervous.

I planned to see my husband during September, but work restraints meant I needed to move my dates forward so all plans are in place for me to head to the US via Washington DC this Friday. 

 

We are still at NVC stage with our application, July DQ date with a non-expedited case, so much like everyone else, no estimate for when I might be ready for interview at the embassy, but we thought it maybe best to see each other instead of holding out and waiting for my visa. 

 

I'll be travelling on my ESTA waiver as I don't have a visa, all the trips I've made to see him over the years, I've always gone on my waiver and not bothered for a visa.

 

Happy to update everyone on my journey over the weekend if that's helpful. Fingers crossed for smooth dealings with CBP when I arrive!! 

[Unlockable 7,314]

Usually threads like this are closed in favor of the on-going megathread about the same topic I posted below, but since COVID-19 this thread has been remained open. But I do ask for everyone to start looking in that thread because there have been numerous updates.

 

 

[CS_Bradshaw 55]

I have been travelling to the US 3 times since I got married and 2 of those was when I have a pending I-130 (using B-2 visa). My first trip (via MSP) when I have a pending I-130, the officer didn't ask me any further questions, but the second trip (via LAX) the officer asked me in details about it and he suggested to not take any risk like that, because I might got denied to enter the US. he was asking me about the job that I do, and he ask me to show him my return ticket. In the end he said "I will allow you to enter, but next time just try to wait until you get your visa", lol.

 

[AAmelie 16]

On 8/24/2020 at 8:29 AM, PBabz said:

I haven't seen any recent accounts of anyone making a trip to the US from the UK and I continue to be nervous.

I planned to see my husband during September, but work restraints meant I needed to move my dates forward so all plans are in place for me to head to the US via Washington DC this Friday. 

 

We are still at NVC stage with our application, July DQ date with a non-expedited case, so much like everyone else, no estimate for when I might be ready for interview at the embassy, but we thought it maybe best to see each other instead of holding out and waiting for my visa. 

 

I'll be travelling on my ESTA waiver as I don't have a visa, all the trips I've made to see him over the years, I've always gone on my waiver and not bothered for a visa.

 

Happy to update everyone on my journey over the weekend if that's helpful. Fingers crossed for smooth dealings with CBP when I arrive!! 

Hey there!

 

I was about to ask the same thing, I will be flying from the UK to Los Angeles in about 11 days on my ESTA (I too have never bothered for a visa) and my husband and I have a pending i130. Please update your experience traveling, I would very much appreciate it

 

I wish you a safe journey and a wonderful trip! 

[yere_and_kanbi 3]

On 8/18/2020 at 8:36 PM, Ismee said:

Hi Yere_and_Kanbi,

what do you declare as your purpose for travel then when you reached immigration..  Did you have to disclose you were married and your I-130 is currently being processed? (or that is visible to them on their systems_

Hi Ismee,

Not sure if it was visible to them in the system.

Each time I just stated: 'I'm here to see family'....and that was it....I was welcomed into the states

No one has ever asked me if I was married. 

[Lighthouse111 2]

On 7/31/2020 at 12:50 AM, Dags said:

hey guys,

 

i've been reading about travelling on tourist visa or visa waiver during I-130 pending approval and I've seen mixed feedback about it. Has anyone here actually travelled to US on tourist visa whilst waiting for approval? If so, did you get some trouble when entering US borders?

 

Thanks! 

I visited for two weeks on an ESTA visa while my I-130 was pending. It was a little stressful... they took me into another room with some other people and I had to wait for about an hour to be interviewed. They asked me  ALOT of questions about my situation and were very stern. I showed them my letter of employment and paystubs showing that I work in Australia and my return flight home and that I was visiting for two weeks to see my husband and then had to return to work in Australia. I thought they weren't going to let me in but eventually they did.