Visa question
Hello
We have a dream of spending a year living in the Virgin Islands... but we don't know if it's possible for us, and wonder if anyone can shed some light on our situation.
We're from the UK, but my wife has US citizenship from her dad - but she's not lived in the US for long enough to pass her citizenship on to me and our 3 children.
I work as a freelance writer, and am intending to carry on doing what I'm doing now (my clients are mostly international, so it doesn't really matter where I am so long as there's a good internet connection). But I'm not sure what sort of visa I'd need to apply for, and indeed whether I'd get one. A business visa doesn't seem right, as I don't have an employer and wouldn't be conducting business in the US. But would my work situation cause a problem if I applied for an extended tourist visa?
Any advice or suggestions would be very welcome...
Thanks!
Barney
Here is the web site for U.S. Customs Border Protection...CBP
They are the people you have to deal with to get a visa
Becarefull how you word that you are "working"
Hope this helps
https://help.cbp.gov/app/home
The visa you need for the USVI is exactly the same as one to live in the states for a year. My guess is you will need a tourist visa and then leave the USVI for at least one day after 6 months. A trip to the BVI should do it.
Talk to an immigration attorney. It isn't always as simple as just stepping over the border for a short period of time and then seeking reentry. You need to know your rights and what the law is.
We have a friend whose significant other isn't a US Citizen. Even though this individual is out of the USA for several months at a time returning to the USA is difficult. When they last returned through JFK it is a bureaucratic nightmare. Their last entry took four hours resulting in missed connecting flights to STX.
My wife's family hates visiting us in the USA because of the way they are treated by US customs and immigration. You think you get hassled and mistreated when flying its nothing compared to the way they treat foreign nationals. They decided to strip search my 80 year old mother in law.
My guess is you will need a tourist visa and then leave the USVI for at least one day after 6 months. A trip to the BVI should do it.
Nope, they're wise to that little game. I have a few British friends who essentially live here on 6-month tourist visas, and their "visa break" has to be more than a quick overnight across the border every six months -- or their new visa won't be granted. Definitely check with CBP to find out more.
I do know folks who have done this in another country, but I should have suggested checking with the government. My bad.
The CBP site linked includes a link to this site but here's the direct link to the "bible" which will give you all the information you need:
http://www.uscis.gov/portal/site/uscis
Under no circumstances should you work on a tourist visa, nor should you try the BVI exercise. The immigration authorities are way ahead of the game where these attempts to circumnavigate the system are concerned! You don't need an immigration attorney - the USCIS site is easily navigable. Good luck!
I've personally known two UK nationals that have tried to do this and they were both deported after a while.
Thanks for your responses everyone... food for thought.
People like me who've grown up with the European Union are rather spoiled I think - we kind of assume we have a right to move wherever we want...
People like me who've grown up with the European Union are rather spoiled I think - we kind of assume we have a right to move wherever we want...
The US and Europe have roughly the same area (square miles) and a large diversity of climates and landscapes and people, so both sides have plenty of space to roam and find something that fits.
Did you look into living on any other Caribbean islands that might be EU-friendly? BVI, French West Indies, etc? I don't know who allows what, I'm just suggesting it.
I think this may be the way to go. BVI and other former British dependencies seem to present the usual visa and work permit issues, but Guadeloupe and Martinique are effectively part of France, so we could move there tomorrow. The beaches don't look quite so perfect though... 🙁
Take a look at St. Martin/Marteen. Beaches are beautiful.
I was in the same situation when we moved to Hawaii - I am UK, my wife US. I got a green card and worked there without any problems. They will want to be sure it's a real marriage (3 kids should attest to that!). I would echo talking to a US immigration lawyer to make sure you go about it the right way. We did and it really smoothed things over.
You should not try to mess with the INS, by leaving every six months or whatever, especially if you want to work. They have a very long memory and this could come back to bite you. In any case, you can do this legally.
Now I'm a total newcomer to Caribbean life, but my understanding is that not much advantage to being a UK citizen in terms of immigration to BVI, Antigua or other Commonwealth countries. You have the right of abode in islands that are EU Saint Martin (the French side) Martinique and Guadeloupe.
Just to underscore that I am a newbie here so don't take my word for it, see a lawyer.
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