Nervous for my Girlfriend

[Crazy Cat 39,680]

Remote Work Policies - Can I work remotely in the United States on my visa? (santoslloydlaw.com)

 

"The most important factor in working remotely in the United States is proper work authorization. U.S. Immigration law requires anyone who earns income in the United States to have proper work authorization. 

 

What if I earn income for a foreign employer while in the United States?

      Even if working for an employer abroad, working while physically located in the United States is still considered work by the United States government, even if a worker is paid to a foreign bank account. For example, if a B-1/B-2 visa holder is traveling to the United States for tourism or specific business purposes, they may enter the United States to vacation or attend meetings or events, but cannot work in the United States as B-1/B-2 does not grant work authorization.  "

 

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Edited December 16, 2023 by Crazy Cat

[Conchas Chinas 142]

1 hour ago, mari04 said:

Would be interested if you could reference a single case where person got denied entry or removed because they were exchanging work related emails while on vacation in IS. 

100% correct, if on a short term vacation/business visit. Plenty of law sources collaborate that it is reasonable to expect a few minutes spent a day checking emails. 
 

However she was in the US for 5.5 months.. and it was stated she was remote working. There is no US visa for remote working and remote working infringes on the conditions of the visa. Plenty of law sources collaborate this also. 
 

1 hour ago, mari04 said:

Once again: you need to reference a single case. 

Haha. Sigh… my 12 year kids uses this type of reply to anything and everything “prove it”

[Crazy Cat 39,680]

***One non-contributory comment removed*** Please post constructively***

[SalishSea 16,915]

3 hours ago, mari04 said:

This is not true. She did not work in the USA. She was working for her Mexican company while traveling. Not to mention CNP has zero knowledge about it and even if they check her laptop and see work done during her visit, they will not stop her just because of this.

F1: yes they may stop her. I would wait for at least 6 months before coming. However, even now the chances are 50/50.

You do not know what you are talking about, bro.   She still needs work authorization to work remotely for a foreign employer in the U.S.   it isn’t about taking a job from a USC/LPR, it’s about WORKING while IN the U.S.

[SalishSea 16,915]

3 hours ago, mari04 said:

Would be interested if you could reference a single case where person got denied entry or removed because they were exchanging work related emails while on vacation in IS. 

And yet, exchanging work related emails is NOT what happened in OP’s case.   He clearly states she was working remotely full time for 5.5 months, living in the U.S. and supporting herself with that job.   That is not the purview of the “business” function of a B-1 visa.

[manyfudge 273]

Well, I would:

1) get married ASAP as it seems you are compatible having lived together for 5.5 months.

2) you go down to Mexico to visit over the next year, after filing i130 (pick consular processing).

3) once i130 has been approved and the visa forwarded to NVC, maybe have her visit,

4) emails, meetings are totally fine while on B1/2 visa.  For example, non-European citizen executive from bank in London visiting office in NY.  Or emailing while in the Hamptons.  
 

Working 100% remotely for 5.5 months is not allowed on a B1/B2 visa.

[appleblossom 1,467]

8 hours ago, mari04 said:

Not to mention that all business people including top executives work while traveling in US. 

 

Some work is permitted, but not working for months remotely as the OP's girlfriend has been doing. I'm a business person, and I guess you could say 'top exec'. Our lawyers were always VERY clear about what we could and couldn't do on business trips to the US (before I moved here), and whilst certain activities were permitted such as meetings, attending conferences, etc, doing my usual job on a day to day basis was not permitted. I actually had to sign something to say I wouldn't do that, as it could have had serious repercussions on the company if I'd been caught working without authorisation. 

 

And two sets of lawyers told me the same thing, our company lawyers (who gave me the document to sign), and my immigration lawyers, who were one of the world's leading immigration law firms. I'm assuming they both know the law much better than you or I. 

 

If I could have just done my job in the US for half the year and spent the other half at home in the UK, I wouldn't have needed to bother moving. 

Edited December 17, 2023 by appleblossom

[Boiler 43,764]

The company I worked for did the same, I never travelled to the US on Business but we had US Clients and colleagues did.

 

At one time they warned people about travelling too often, I assume there had been an incident.

 

My Brother spent some time working in the US, lets just say it was for one of the Big 4, in their NY office, when I got into US Immigration I asked him what visa he had, well......

[Crazy Cat 39,680]

***One comment and another quoting it removed*** 

Terms of Service state members shall not:

***Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.***

Edited December 17, 2023 by Crazy Cat

[TheCat66 1]

17 hours ago, manyfudge said:

Well, I would:

1) get married ASAP as it seems you are compatible having lived together for 5.5 months.

2) you go down to Mexico to visit over the next year, after filing i130 (pick consular processing).

3) once i130 has been approved and the visa forwarded to NVC, maybe have her visit,

4) emails, meetings are totally fine while on B1/2 visa.  For example, non-European citizen executive from bank in London visiting office in NY.  Or emailing while in the Hamptons.  
 

Working 100% remotely for 5.5 months is not allowed on a B1/B2 visa.

Thanks, 

 

I have seen that there are varying processing times for various offices. Is there a way to select the office you want to go through? Like for instance I’m in the north east. But I think the nebraska office has the shortest time for procedsing cr-1’s.

Also, once we are married, but before she has a green card, would she be able to visit using her b1/b2?

 

[Boiler 43,764]

They allocate where the case is processed.

 

We do not know if she still has a B but lets be positive then if she wants to visit for a week tomorrow high risk, next summer maybe.

[Crazy Cat 39,680]

1 minute ago, TheCat66 said:

Thanks, 

 

I have seen that there are varying processing times for various offices. Is there a way to select the office you want to go through? Like for instance I’m in the north east. But I think the nebraska office has the shortest time for procedsing cr-1’s.

Also, once we are married, but before she has a green card, would she be able to visit using her b1/b2?

 

1.  No.  Service centers are selected by USCIS based on their internal process.

2.  Yes, at the discretion of CBP at every entry.

[TheCat66 1]

11 minutes ago, Boiler said:

They allocate where the case is processed.

 

We do not know if she still has a B but lets be positive then if she wants to visit for a week tomorrow high risk, next summer maybe.

Is there anyway to verify if he b1/b2 is valid before trying to go through cbp? I really hate the idea of her being on a plane for hours, and then potentially being detained and deported. The whole time l will just be waiting wondering if I should go to the airport or not. 
 

At the end of the day it is her decision and she seems really deadset on coming back before christmas, and feels she has not done anything wrong or to mislead. And I agree, neither of us knew she should not be working remotely, and she never hid that fact during any of her interviews. 
 

 

[Boiler 43,764]

11 minutes ago, TheCat66 said:

At the end of the day it is her decision and she seems really deadset on coming back before christmas

 

Please let us know what happens.

[OldUser 5,107]

4 hours ago, TheCat66 said:

Is there anyway to verify if he b1/b2 is valid before trying to go through cbp?

I don't believe so. Even if you somehow could verify it's valid it doesn't guarantee an entry.

Edited December 17, 2023 by OldUser