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Filed: Country: Czech Republic
Timeline
Posted

Hello VisaJourney,

I'm a US citizen, my wife is Czech, and we currently live in the Czech Republic. My wife has traveled to the US one or two times per year over the last ten years in the employ of a small Czech travel company. In a nutshell: she hops on a plane from Prague to LA (or NY or Miami) with 10-20 Czechs, rents a van, drives them around to see the sights, then returns to CZ approx 2 weeks later.

She is now applying for US residency and is required to list the dates and reasons for her having been in the US over the past decade. Has she been breaking US law working in the US under these conditions? She has had the following types of Visas:

B-2 (first 4 years)

B-1 (middle year)

B-1/B-2 (last 5 years)

Thanks for any help/advice!!

Posted

Hello VisaJourney,

I'm a US citizen, my wife is Czech, and we currently live in the Czech Republic. My wife has traveled to the US one or two times per year over the last ten years in the employ of a small Czech travel company. In a nutshell: she hops on a plane from Prague to LA (or NY or Miami) with 10-20 Czechs, rents a van, drives them around to see the sights, then returns to CZ approx 2 weeks later.

She is now applying for US residency and is required to list the dates and reasons for her having been in the US over the past decade. Has she been breaking US law working in the US under these conditions? She has had the following types of Visas:

B-2 (first 4 years)

B-1 (middle year)

B-1/B-2 (last 5 years)

Thanks for any help/advice!!

No, she was not breaking US law as she was not on a US payroll with a US registered company. B1/B2 is a business visa for international business operations that require travel to the US, and also allows for pleasure (tourism....) during or after the trip. Make sure she did not earn any money from a US employer and you'll be fine. The reason is "Czech republic tour group guide/operator".

Filed: Timeline
Posted

No, she was not breaking US law as she was not on a US payroll with a US registered company. B1/B2 is a business visa for international business operations that require travel to the US, and also allows for pleasure (tourism....) during or after the trip. Make sure she did not earn any money from a US employer and you'll be fine. The reason is "Czech republic tour group guide/operator".

If she was admitted as a tourist during any of those trips, she cannot work ..period....no matter who is paying her (and no doubt the tour group tipped her, which becomes remuneration received in the US...a violation of our laws...)

Filed: AOS (pnd) Country: Montenegro
Timeline
Posted

No, she was not breaking US law as she was not on a US payroll with a US registered company. B1/B2 is a business visa for international business operations that require travel to the US, and also allows for pleasure (tourism....) during or after the trip. Make sure she did not earn any money from a US employer and you'll be fine. The reason is "Czech republic tour group guide/operator".

That not TRUE what's wrong with you people ,dont say anything if you dont know!!It's not a bussiness viSsaa for GOD'S SAKE B1/B2 it's tourist visa!!!!I had it that's why I know 1000000000000%.Dont say a word about working it'a illigal you can get in big trouble that's my advice.

Filed: Country: Czech Republic
Timeline
Posted

If she was admitted as a tourist during any of those trips, she cannot work ..period....no matter who is paying her (and no doubt the tour group tipped her, which becomes remuneration received in the US...a violation of our laws...)

how is/isn't one admitted "as a tourist"? I understand that when she just had the B-2 visa--the first four year period she was here--she most likely wasn't supposed to work. But what about after she got the B-1 visa, the "Temporary Business Visitor" visa? I just called and asked her: what did you say when they asked you "the purpose of your trip to the USA?" She said that she would say "traveling"... and be admitted. Did they stamp her passport with a different kind of stamp than, say, if she had said "to lead a small tour group?" And if she had done the later, she would have been admitted "as a temporary businessman" and not "as a tourist"?

Posted

That not TRUE what's wrong with you people ,dont say anything if you dont know!!It's not a bussiness viSsaa for GOD'S SAKE B1/B2 it's tourist visa!!!!I had it that's why I know 1000000000000%.Dont say a word about working it'a illigal you can get in big trouble that's my advice.

Sorry, but a B1 is a Business Visitor Visa. From State Department dot gov. (link below).

Business Visitor Visa (B-1) - For business-specific purposes

The chart below is an overview of key groupings of temporary business related travel permitted on business visitor visas (Note: This is not comprehensive. For other travel permitted under a business visitor visa (B-1), reference 9 FAM 41.31)

B1 Visa

Filed: Country: Czech Republic
Timeline
Posted

Dont say a word about working it'a illigal you can get in big trouble that's my advice.

advice that we'll probably end up following. But all these brief visits look suspicious, so if she *can* explain truthfully (and legally) what she was doing, it would be better than making stuff up. But if we can't find convincing evidence that it was legal--at least during the last 6 years--we might have to make stuff up.
Filed: K-1 Visa Country: Wales
Timeline
Posted

advice that we'll probably end up following. But all these brief visits look suspicious, so if she *can* explain truthfully (and legally) what she was doing, it would be better than making stuff up. But if we can't find convincing evidence that it was legal--at least during the last 6 years--we might have to make stuff up.

And that will get you in real trouble.

“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.”

Filed: Citizen (apr) Country: Nigeria
Timeline
Posted

advice that we'll probably end up following. But all these brief visits look suspicious, so if she *can* explain truthfully (and legally) what she was doing, it would be better than making stuff up. But if we can't find convincing evidence that it was legal--at least during the last 6 years--we might have to make stuff up.

You should never lie in any dealings with immigration. If caught in a lie any immigration benefits after that lie can be revoked, from the initial visa through citizenship. You can remain silent on things not directly asked for but when asked fess up. Better to take your lumps now ( maybe you need a waiver ) than to be happily married and deal with deportation years down the road. Think of the scene of your wife being dragged away from the kids and sent out of the US for years. Is that better than being honest now ?

This will not be over quickly. You will not enjoy this.

Filed: AOS (pnd) Country: Montenegro
Timeline
Posted

Sorry, but a B1 is a Business Visitor Visa. From State Department dot gov. (link below).

Business Visitor Visa (B-1) - For business-specific purposes

The chart below is an overview of key groupings of temporary business related travel permitted on business visitor visas (Note: This is not comprehensive. For other travel permitted under a business visitor visa (B-1), reference 9 FAM 41.31)

B1 Visa

Nope not true sorry!It's just for traveling and visiting someone,not for working at all it's illigal period!Just call them and you'll se who will get the papers or get deported and also her husband or boyfriend could go to jail for that and she cant enter the usa ever again.

Filed: AOS (pnd) Country: Montenegro
Timeline
Posted

Nope not true sorry!It's just for traveling and visiting someone,not for working at all it's illigal period!Just call them and you'll se who will get the papers or get deported and also her husband or boyfriend could go to jail for that and she cant enter the usa ever again.

Just stop and think for a second why did they make a work visa at the first place if you "CAN" work with regular B1/B2 tourist visa?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Just stop and think for a second why did they make a work visa at the first place if you "CAN" work with regular B1/B2 tourist visa?

Please do not confuse the issue with your ignnorance.

“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.”

Filed: K-1 Visa Country: Wales
Timeline
Posted

Just stop and think for a second why did they make a work visa at the first place if you "CAN" work with regular B1/B2 tourist visa?

Please do not confuse the issue with your ignnorance.

“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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