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UnaMexicana

Help Please! Here on B2, NVC process ongoing, remote work for company outside US.

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Hi All,

I enetered the US on B2 to visit with my husband. I have been here for 2 weeks and my vacation is up soon. I have a ticket to return on Jun 13. We are doing the IR1 process and after a looooong wait to have the i130 approved, the NVC process is going surprisingly fast.

We want to pursue the IR1 route vs. an AOS, but as we have had so much movement in our case since I last got here, I am getting anxious and thinking about a lot of things. I want to stay here with my husband and await the process until I have to go to the consulate for interview or have to return as stated on my i94, whichever happens first.

Since I work homebased in Mexico... it does not make a difference where I am to them... but MAYBE it will make a difference to CBP, DHS, and all the agencies in between....

SOOOOOO I have a few questions:

I was admitted until Nov 22. Is it OK to stay here on my B2 and work remotely for my employer in Mexico while I await the NVC processing? All I need is my computer to log in and do my work... which is for the Mexican branch of a US company. I get paid in Mexico from a Mexican employer... no funny business there. But since I am here on B2... well... that might not be ok.

I am aware that we need to submit a DS260 form. We have not gotten there yet but we will soon. Since that form asks about your last entry to the US, your current and previous employment... Would I have any problem if I state my last entry (May 23) and then state I am CURRENTLY still employed in Mexico? I am not asking if I should lie, I just want to know if when I tell the truth, that would raise any red flags on my case.

Do you think I would be better off if I just quit my job before my vacation ends? Would that keep me on the safe side?

I would really quit if that means I can stay here without any issues.

Thank you all for your help in advance!

UnaMexicana


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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Oh nevermind my question. I just talked to my lawyer and she told me that I need to go back when I said I would go back :clock:


Moderators could you please close/delete this thread?

Thank you


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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I was admitted until Nov 22.

If you were admitted by CBP until Nov. 22 of 2015, then you do not need to leave until that date. Just because you said you were returning on Jun 13th and have a ticket, doesn't mean your plans can't change. Is your passport stamped with a Nov. 22 departure date?

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Also as for working remotely, you will get conflicting reports about it here. But I can tell you that my wife to be did it for a little over 3 months when she came here to visit me for the summer and never had a problem. She even asked CBP upon entry and they said it was fine as long as she wasn't taking money away from an American worker.

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Yes it is! :rolleyes:

But lawyer said if I had stated that I was returning on that day I should... otherwise I might have a hard time when I interview at the consulate for my immigrant visa. She said they could take that as a misrepresentation and request a waiver.

:angry:<_<-_-


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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Pls don't shoot the messenger, hehe... I am only repeating what she said.


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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Yes it is! :rolleyes:

But lawyer said if I had stated that I was returning on that day I should... otherwise I might have a hard time when I interview at the consulate for my immigrant visa. She said they could take that as a misrepresentation and request a waiver.

:angry:<_<-_-

Never heard of such a thing and I doubt it would ever happen. You are allowed to stay until the date stamped in your passport.

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Thank you Teddy B, your answers are much appreciated!


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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You're welcome.

You should ask your lawyer to cite a few cases where what she says actually happened, bet she doesn't come up with any. You might be asked why you decided to stay, but no way would it be misrepresentation.

Edited by Teddy B

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I rebooked my ticket years back, many do.

Can you work without authorisation, no, will it likely be an issue also no.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yes it is! :rolleyes:

But lawyer said if I had stated that I was returning on that day I should... otherwise I might have a hard time when I interview at the consulate for my immigrant visa. She said they could take that as a misrepresentation and request a waiver.

:angry:<_<-_-

Just remember that a lawyers main goal in life is to part you from your money so advice should never be taken completely at face value.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Hey Guys...

Just take a look at this reply from the lawyer...

Hi XXXXXX,

You are risking an inadmissibility determination when you go to your interview at Ciudad Juarez.

Clients who submit B2 visas or B2 renewals while their I-130 is processing are often deemed inadmissible for fraud. (WHAAAT?) Your case presents the added risk that fraud was committed when you entered the US and informed the CBP Officer of a departure date that was later switched. (This has not happened yet, I was considering changing the ticket from Jun 13 to end of Aug) If you're deemed inadmissible, your B2 will be revoked, you will have to prepare a waiver, and you would not be allowed into the U.S. while the waiver is processing. Waivers are arduous applications, there is no guarantee that it will be granted, and take over one year to prepare and process. You'd likely have to retain an attorney to assist you with the waiver.

Let me know if you have any questions.

According to her criteria I am in even deeper trouble than I ever thought possible. This is the lawyer we are paying to assist us.

I am not worried one bit as I know I have been playing by the rules every time I have visited the country, either for business or tourism... but I just want to know what you think...

UnaMexicana


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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Time for a new lawyer.

Apart from anything waivers take about 5 months and I have yet to see anybody in this sort of situation require one.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Yea... Brrrrr... I think I am still shaken by her reply. Eventhough I have read a lot and did my homework here at VJ, it kind of gets to you that the person supposed to advise you and look for ways to help you is only trying to scare you and start making you think you need to pay them an extra fee.

I don't think it is right to make people feel like this. And I agree, this would be time to change lawyers if it came to that point.

Thanks!

UnaMexicana

Time for a new lawyer.

Apart from anything waivers take about 5 months and I have yet to see anybody in this sort of situation require one.


I know... thanks for your reply...

:cry:

Agree on both counts.


:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

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