Friend moving to USA with US citizen DH and US citizen baby on ESTA

[esta2024]

Asking all british spouses of US citizens.

My friend has decided to go to the USA with her American husband and baby on an ESTA (they were living abroad for years, baby born abroad), live with family while remote working for her current employer (not a US employer and money paid to overseas bank account), and on day 91 apply to adjust her status to a green card.

based on what i have read online, it is likely to succeed despite the fact that she would be overstaying on esta but it seems to have succeeded for many people as they are married to american citizens and in bona fide relationships and its difficult to establish intent to immigrate from the onset (as people say they are just visiting and then 'changed' their minds).

is this true, I can't quite get my head around this. Why doesn't everyone just do this and they wait 1-1.5 years for consular processing? I understand that by doing it this way, you give up all rights to appeal and if it goes wrong, you would be deported and banned from the USA.

[PickledPurplePickle]

She can't do any of that on an ESTA

ESTA's are for holidays, etc

If she is planning to live in the US then she will need a proper visa AND a work permit (even if the work is done remotely)

If she gets found out doing what she is planning then should could get deported and permanantly ban from the US

[esta2024]

@PickledPurplePickle

She can't do any of that on an ESTA

ESTA's are for holidays, etc

If she is planning to live in the US then she will need a proper visa AND a work permit (even if the work is done remotely)

If she gets found out doing what she is planning then should could get deported and permanantly ban from the US

I know but she thinks she can do it this way. Or rather her DH thinks this way and told my DH he was stupid for saying she can't work remotely on ESTA. They think that the authorities wouldn't know.

She is close to me so i am kinda concerned.

[gwenneh]

It is not true and it is not likely to succeed.

There is a "loophole" for people who come over on a visa waiver, get married in the US and then apply to adjust status. The burden of proof is on them to prove that they didn't enter the country with the intent of staying - and that can backfire badly. When it does, it's an immediate 10-year bar for deception.

It doesn't work when you enter the country as an already married spouse AND whilst working illegally - just as in the UK, a visit is supposed to be a visit and remote work is technically not permitted. That makes the burden of proof that much greater.

USCIS is wise to this. Maybe they'll make it, maybe they won't, but it's not something I would choose to stake a future on.

[esta2024]

@gwenneh

It is not true and it is not likely to succeed.

There is a "loophole" for people who come over on a visa waiver, get married in the US and then apply to adjust status. The burden of proof is on them to prove that they didn't enter the country with the intent of staying - and that can backfire badly. When it does, it's an immediate 10-year bar for deception.

It doesn't work when you enter the country as an already married spouse AND whilst working illegally - just as in the UK, a visit is supposed to be a visit and remote work is technically not permitted. That makes the burden of proof that much greater.

USCIS is wise to this. Maybe they'll make it, maybe they won't, but it's not something I would choose to stake a future on.

how would they know she is working illegally. she has worked remotely while visiting her in laws in USA like we all have when we are on vacation. I have also worked remotel for a few days while in europe (family visit) as i couldn't get leave. no issues obviously.

Sorry for the stupid questions, i am an immigrant but only familiar with the UK immigration system. This would DEFINITELY NOT BE ALLOWED HERE.

[esta2024]

@gwenneh

It is not true and it is not likely to succeed.

There is a "loophole" for people who come over on a visa waiver, get married in the US and then apply to adjust status. The burden of proof is on them to prove that they didn't enter the country with the intent of staying - and that can backfire badly. When it does, it's an immediate 10-year bar for deception.

It doesn't work when you enter the country as an already married spouse AND whilst working illegally - just as in the UK, a visit is supposed to be a visit and remote work is technically not permitted. That makes the burden of proof that much greater.

USCIS is wise to this. Maybe they'll make it, maybe they won't, but it's not something I would choose to stake a future on.

plus baby! She has a young baby and is travelling with baby

[gwenneh]

how would they know she is working illegally

Well for one, she will have to disclose her employment and USCIS does contact employers to verify.

[titchy]

Well the dh and the baby will be fine given they're US citizens. She'll be deported though, and probably won't be allowed to return, even for a holiday.

How secure is her marriage? Is this a way for her husband to remain in US with the baby on his own?

[gwenneh]

Well the dh and the baby will be fine given they're US citizens.

As long as the baby has a US passport. US citizens aren't permitted to enter the US on a foreign passport. I wonder if they've gone through all of that - the consular notification of birth abroad, etc. if they're not willing to follow the appropriate channels for her immigration?

[VeryQuaintIrene]

Adding my voice to the crowd to say it's a really bad idea. US immigration are really stringent (I've been through the process and I know). They need a US immigration lawyer now to talk through their options.

[BreakfastAtMimis]

Your friend and her husband are idiots if they think this plan will work. I recently got an ESTA for an upcoming holiday and it's made very, very clear as part of the application process that you cannot work on the visa.

[esta2024]

@titchy

Well the dh and the baby will be fine given they're US citizens. She'll be deported though, and probably won't be allowed to return, even for a holiday.

How secure is her marriage? Is this a way for her husband to remain in US with the baby on his own?

No they don't want to be separated. Baby is american.

[esta2024]

@BreakfastAtMimis

Your friend and her husband are idiots if they think this plan will work. I recently got an ESTA for an upcoming holiday and it's made very, very clear as part of the application process that you cannot work on the visa.

She thinks they wouldn't find out.

[Floatinginatincan]

Your 'friend' should speak to an immigration lawyer.

[gwenneh]

@esta2024

She thinks they wouldn't find out.

Is your friend unaware that they do an extensive background check as standard?

What does she think a background check is?

[ConflictedCheetah]

When she's deported, her DH can insist the baby stays with him. She'll be left with nothing and not even allowed to visit her child.

[esta2024]

@Floatinginatincan

Your 'friend' should speak to an immigration lawyer.

Her dh claims this is on the advice of an immigration lawyer.

[Cornishtoddy]

She needs to enter on a spouse visa and then get the switched over

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-a-spouse-or-fiance-of-a-us-citizen.html#:~:text=If%20you%20are%20a%20U.S.,Form%20I%2D130%20is%20required.

[GoldenDoor]

Genuine question, if she’s married to an American why can’t she get clearance to live with him and the baby? How does it work getting a visa/settled status? It must be difficult if she’s willing to risk it?

[esta2024]

@gwenneh

Well the dh and the baby will be fine given they're US citizens.

As long as the baby has a US passport. US citizens aren't permitted to enter the US on a foreign passport. I wonder if they've gone through all of that - the consular notification of birth abroad, etc. if they're not willing to follow the appropriate channels for her immigration?

Baby has a us passport. Think they are not willing to go through the consular route cos it takes too long and rent is expensive where they live. They have given up their rental.

[crumpet]

Is she willing to risk it on the chance that no-one will find out? If she is permanently banned from entry, then will her marriage survive- is her DH be willing and prepared to relocate outside the US if this is ever found out? If he decides to stay in the US then she will lose access to her child.

[esta2024]

@crumpet

Is she willing to risk it on the chance that no-one will find out? If she is permanently banned from entry, then will her marriage survive- is her DH be willing and prepared to relocate outside the US if this is ever found out? If he decides to stay in the US then she will lose access to her child.

They both have citizenships in the country they were previously living in. But her dh wanted to be nearer his family and he saw no long term way they could stay in that country as its just too expensive


She met her dh overseas and he hasn't lived in the usa for years.

[WarshipRocinante]

Why won’t she just do it properly? They’re married, I assume he will have employment there? So what’s the issue with doing it properly?

[esta2024]

@WarshipRocinante

Why won’t she just do it properly? They’re married, I assume he will have employment there? So what’s the issue with doing it properly?

Beats me. They think their way is right. I tried to persuade her but got shouted down.

[TheSolstices]

@esta2024

Baby has a us passport. Think they are not willing to go through the consular route cos it takes too long and rent is expensive where they live. They have given up their rental.

Well, if she’s prepared to be deported without her baby…

[QueenOfTheLabyrinth]

Couldn’t she just say it was intended to be a holiday but her DH changed his mind once there & refused to return or let her take their child back (which he can legally do as the child is a US citizen) so she has no choice in order to stay with her child?