Pending K1 - Visit ESTA - Work online

[ChristinaGr 0]

Just now, Jorgedig said:

I think you're missing a very important point:  CBP doesn't care why you want to visit (your relationship).  They only care that you will leave.  

Truth but I see many people have been asked as well about the relatoonship so better to be prepared for all i guess

[SalishSea 18,142]

1 hour ago, ChristinaGr said:

Truth but I see many people have been asked as well about the relatoonship so better to be prepared for all i guess

I'm not saying you won't be asked.  I'm saying the whole premise of vetting people coming into the US on the VWP is to screen for immigrant intent.  A fiance with pending K visa = clear immigrant intent.

 

Like I said, they don't care why/who you want to come here.  They care that you will leave when you're supposed to.

[Chancy 6,243]

7 hours ago, ChristinaGr said:

Truth but I see many people have been asked as well about the relatoonship so better to be prepared for all i guess

 

Skip the proof of relationship like print-outs of pictures and chat logs.  It will hurt your case with CBP rather than help you.  If asked about your fiance, answer truthfully, but no need to highlight your relationship by showing evidence if not asked.

 

What you could bring instead is your I-129F NOA1 letter, but don't show it unless CBP says that you need a fiancee visa to enter.  The NOA1 can help to persuade CBP that you are following the legal process for immigration.

 

As for your proof of ties to home, ask your employer for a letter stating the date when you are expected to report for work back in your home country.  Hopefully the letter won't state that you need to do online work while in the US.

 

I don't have ESTA but I do have a B1/B2 visa.  Before COVID, I was sent to secondary interview after I told CBP I'll be staying with my boyfriend (now husband) during my trip.  They let me through after around 5 minutes of questions.  They didn't look at any of my proof of ties, but they asked a lot about the work I do back home, not so much about my boyfriend.

 

[EJ&SR 0]

Working online the way you stated is a grey area. As long as nothing tied to America is used for your job.. then there’s nothing to worry about. You can imagine photographers, journalists etc are obviously not allowed to do any work for their foreign employer without the US work permit. The materials are US property. 
I’ve checked this with officials before my trip beginning of this year. I however decided not to work, just to be safe. It was also explained to me that US law hasn’t updated to today’s work environment (online/work from home) international laws. This is why it’s a grey area.
 

When it comes to visiting your fiancé it’s encouraged to do so, however you do need to bring proof that shows you have obligations and responsibilities to go back to your homecountry. Examples would be an ongoing rent or mortgage, kids (if you have them), written intend of going back, written proof from employer you are expected back before a certain date etc etc.

[Zoeeeeeee 797]

I have a slightly different perspective re visiting whilst awaiting a K1. I did it at least 3-4 times whilst we awaited my K1 (I travelled on a B1/2) - I think the fact that I had many prior visits to the US, on all of which I'd returned when I said I was going to, meant they didn't have an issue. I got asked a few questions re when I'd be returning and that was it. I was always very upfront though and told them we had a K1 pending.

 

From my perspective, I don't see why you'd bother to apply for a K1, spend the money on it, to then just AOS off a visit before...but that's from my perspective, not CBP's...and it also helps massively that I'm from England, a country where it's easy to get a K1 and very few people from there try to overstay, etc - so that was almost certainly a big factor as to why I had no problems.

 

I definitely agree that planning to work whilst you're there probably would make them view you with more suspicion though!

Edited October 10, 2020 by Zoeeeeeee

[geowrian 22,338]

32 minutes ago, Zoeeeeeee said:

From my perspective, I don't see why you'd bother to apply for a K1, spend the money on it, to then just AOS off a visit before

There are quite a few cases of exactly this happening on VJ this year alone.

 

Right now, COVID tends to be the leading reason why to avoid extra travel, quarantines, etc. Also, the 14 day travel ban based on physical presence - and how that is impacting K-1s being issued in quite a few VWP countries - likely has something to do with it.

[Zoeeeeeee 797]

1 hour ago, geowrian said:

There are quite a few cases of exactly this happening on VJ this year alone.

 

Right now, COVID tends to be the leading reason why to avoid extra travel, quarantines, etc. Also, the 14 day travel ban based on physical presence - and how that is impacting K-1s being issued in quite a few VWP countries - likely has something to do with it.

I know it's been happening due to covid, but my understanding was that it was primarily people who'd almost got 'stuck' in the US, cause it hit and they were then too afraid/unable to travel home...I figured if you're prepared to fly out now, you're probably also prepared to fly home.

 

However, I think you're right, with people unsure as to whether their K1 visa will be processed or when, it makes sense that more would choose to AOS off ESTAs, etc...and I'm sure CBP are aware of that...

[ChristinaGr 0]

37 minutes ago, Zoeeeeeee said:

I know it's been happening due to covid, but my understanding was that it was primarily people who'd almost got 'stuck' in the US, cause it hit and they were then too afraid/unable to travel home...I figured if you're prepared to fly out now, you're probably also prepared to fly home.

 

However, I think you're right, with people unsure as to whether their K1 visa will be processed or when, it makes sense that more would choose to AOS off ESTAs, etc...and I'm sure CBP are aware of that...

Worst case scenarion is that you are denied entry right? Can't affect negatively your pending visa? Assumimg you are a descent /honest person overall and dont try to lie etc.

Edited October 10, 2020 by ChristinaGr

[Chancy 6,243]

34 minutes ago, ChristinaGr said:

Worst case scenarion is that you are denied entry right? Can't affect negatively your pending visa? Assumimg you are a descent /honest person overall and dont try to lie etc.

 

Well, worst case would be expedited removal and a ban.  But that's not worth worrying about, IMO.  Just don't lie and don't give CBP any reason to think you'll be doing unauthorized work while in the US.

 

[geowrian 22,338]

5 hours ago, Chancy said:

Well, worst case would be expedited removal and a ban.  But that's not worth worrying about, IMO.  Just don't lie and don't give CBP any reason to think you'll be doing unauthorized work while in the US.

And to explicitly ask for a withdrawal of application for admission (if denied entry).

Edited October 11, 2020 by geowrian