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visit/business trip

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kayac00
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Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

visit/business trip

Post by kayac00 » Wed Aug 11, 2004 8:00 pm

so here is the situation

Alec is my husband. I am uk citizen. We reside in Northern Ireland and he has 2 year FLR spouse visa.

He is self employed contracting with an american company working remotely for them from here. He pays his taxes to uk though.

He is romanian citizen so he needs a visa to enter US.

We have been inviited to US for one month by the californian company as they need him ovwer there for 4 week period as they have a new contract and need some of his expertise to get the ball rolling his boss seems to think he can get a visitor visa , although when reading the american embassy website this does not seem to be the case it would seem he would need a work visa even for just one month.

anyway i cannot go with him and although we are not formally owning a house yet we have just been approved for a mortgage for a property have a healthy bank balance and i am also employed. Will this be enough ties for him to get whatvevr visa he would need and what would his chances be of getting a visa?

he has the uk visa an irish visa and an eu visit visa. but he was denied a visa to the us in 2000.

any comment would be useful thanks guys

Kay

Kayalami
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Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Thu Aug 12, 2004 11:51 am

IMHO

1. It appears that your husband will be working in the US - this is not allowed under the B1 - visitor for business class as there should be no remuneration from activities in the US.

2. His chances of getting a B1 visa have improved since his ties to the UK are stronger by virtue of employment and having a UK spouse. The mortgage approval on its own does not carry any weight - you could always pull out of the deal. You have to already have a property. Do you have a long term tenancy agreement submit it with the mortgage approval.

3. Anectodal evidence is that getting a US non immigrant visa e.g. B1 in the UK when you don't hold ILR is pretty tough. They will of course evaluate the reason for prior refusal.

4. The self employment thing might also be an issue - it means you can be mobile and don't necessarily have to be at a fixed abode.

5. Again anectodal evidence from applicant on FLR via marriage tend to be more problematic where the settled spouse is not accompanying the FLR holder - apparently subsistence of relationship is questioned here.

6. US Visa issuance will involve booking an appointment (its summer time so expect delays). You have to submit to fingerprint tests too.

Hope you are successful

kayac00
Newly Registered
Posts: 23
Joined: Tue Oct 29, 2002 1:01 am
Location: northern ireland

Post by kayac00 » Thu Aug 12, 2004 12:28 pm

thanks kaylami as always the fountain of wisdom!


he does not really want to make this trip so he would be quite happy not to get the visa lol really appreciate your response!

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