Signing a lease with a B1/B2?

[drg520 0]

My girlfriend is visiting on a B1/B2. My apartment said if she stays for a certain amount of time she has to sign onto my lease. I called a lawyer and I called a few other services who all said it is ok in some variation and that she would still be able to do an adjustment of status if we get married (she has no idea im going to ask). COVID has made me realize I do not want her to leave again. Has anyone had their partner sign a lease on a B1/B2? She has up to 6 months to be here. Thanks!

[JFH 12,191]

Do you know if she even wants to/can stay? She came here on vacation so imagine she had “loose ends” back home. She might not want to spend months and months unable to work. 

[SusieQQQ 11,587]

Has she indicated she’d be happy to sign the lease? Presumably she understands the legal implications. 

[Duke & Marie 1,389]

I would check that she wants to stay first...what happens if you add her to the lease and she then says no?

 

adjustment of status isn’t fun..thanks to covid I missed my final IR1 interview and filed AOSin April 2020, still no biometrics or work authority after 8 months of sitting board at home and still no sign of it coming any time soon... my green card is now estimated at taking around 23 months just to get my GC are you in a position to fully support her for these timeframes? 

Edited December 11, 2020 by Duke & Marie

[SusieQQQ 11,587]

Just now, Duke & Marie said:

I would check that she wants to stay first...what happens if you add her to the lease and she then says no?

 

adjustment of status isn’t fun... I filed in April 2020, still no biometrics or work authority after 8 months of sitting board at home... my green card is estimated at 23 months are you in a position to fully support her for these timeframes? 

And does she want to sit at home and be supported for that timeframe? Posters like Duke & Marie may have been caught unaware by the huge slowdown in processing times since the onset of Covid but for anyone doing it now it is eyes wide open..

[drg520 0]

She works from home during COVID so shed be working here. I spoke with the apartment and I would be able to remove her if I needed to. As long as her job is WFH shed be ok. But I would also be able to support her.

[Duke & Marie 1,389]

Just now, SusieQQQ said:

And does she want to sit at home and be supported for that timeframe? Posters like Duke & Marie may have been caught unaware by the huge slowdown in processing times since the onset of Covid but for anyone doing it now it is eyes wide open..

Exactly.... I’m going crazy sitting home... I’m even considering flying home and rescheduling my IR1 interview...if it wasn’t for crazy flight prices and quarantine costs mandated by my government these days I probably would

 

AOS has major draw backs..issues driving, bank accounts etc so many things here need ssn even health care was an issue and they still hassle me for the ssn that I dont have.
 

timeframes for everything have stretched out big time... USCIS can’t even be bothered to assign case enquiries to representatives for follow up these days... I’ll be lucky to get bio before the new year, meaning my EAD could be 12 mths or more, let alone green card

1 minute ago, drg520 said:

She works from home during COVID so shed be working here. I spoke with the apartment and I would be able to remove her if I needed to. As long as her job is WFH shed be ok. But I would also be able to support her.

She’s not aloud to work here without EAD.... it’s against the law

[SusieQQQ 11,587]

6 minutes ago, drg520 said:

She works from home during COVID so shed be working here. I spoke with the apartment and I would be able to remove her if I needed to. As long as her job is WFH shed be ok. But I would also be able to support her.

You understand she wouldn’t be allowed to work (even from home, even remotely for a UK company) without an EAD, right? That appears to be taking  8 months or longer judging from above post. It’s not just about you being able to support her. It’s about does she want to sit at home bored for 8 months or more while you support her? (And if you don’t honestly know the answer to this question without asking her... then you need to get to know each other better before marriage comes into the picture imo) She wouldn’t be able to travel home without abandoning AOS before getting AP either, same timeframe. Does she have friends she can hang around with while you are at work in the day?  
 

 

Edited December 11, 2020 by SusieQQQ

[drg520 0]

6 minutes ago, SusieQQQ said:

You understand she wouldn’t be allowed to work (even from home, even remotely for a UK company) without an EAD, right? That appears to be taking  8 months or longer judging from above post. It’s not just about you being able to support her. It’s about does she want to sit at home bored for 8 months or more while you support her? (And if you don’t honestly know the answer to this question without asking her... then you need to get to know each other better before marriage comes into the picture imo) She wouldn’t be able to travel home without abandoning AOS before getting AP either, same timeframe. Does she have friends she can hang around with while you are at work in the day?  
 

 

She is on a business/visitor visa so from what she said she can at least work for the time being. She has a brother here in the US and friends. I have known her for 4 years and we have been together for one. She said she wants to wait but I think time will tell and we will have to weigh our options while she is here on her business visa.

[SusieQQQ 11,587]

1 minute ago, drg520 said:

She is on a business/visitor visa so from what she said she can at least work for the time being. She has a brother here in the US and friends. I have known her for 4 years and we have been together for one. She said she wants to wait but I think time will tell and we will have to weigh our options while she is here on her business visa.

She’s wrong about what she is allowed to do on B1, assuming from what you said that’s what she is on. She is not allowed to work from home. 

[mushroomspore 3,044]

10 minutes ago, drg520 said:

She is on a business/visitor visa so from what she said she can at least work for the time being. She has a brother here in the US and friends. I have known her for 4 years and we have been together for one. She said she wants to wait but I think time will tell and we will have to weigh our options while she is here on her business visa.

She cannot work in the US on a B1/B2, even from home. She either needs a valid Employment Authorization Document or a green card.

[aaron2020 11,651]

10 minutes ago, drg520 said:

She is on a business/visitor visa so from what she said she can at least work for the time being. She has a brother here in the US and friends. I have known her for 4 years and we have been together for one. She said she wants to wait but I think time will tell and we will have to weigh our options while she is here on her business visa.

A B1/B2 visa does not allow her to legally work inside the US.  

 

 

[aaron2020 11,651]

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html#:~:text=An individual on a visitor,will be issued a visa.&text=You may use your valid,admission to the United States.

 

 

• An individual on a visitor visa (B1/B2) is not permitted to accept employment or work in the United States.

Edited December 11, 2020 by aaron2020

[Duke & Marie 1,389]

20 minutes ago, drg520 said:

She is on a business/visitor visa so from what she said she can at least work for the time being. She has a brother here in the US and friends. I have known her for 4 years and we have been together for one. She said she wants to wait but I think time will tell and we will have to weigh our options while she is here on her business visa.

There is a big difference between attending a meeting and/or signing a contact that’s permitted under a B1 and working from home/remotely via a computer whilst staying within the US for 6 months or more if filing AOS... 

 

your girlfriend is not permitted to be working remotely from home whilst within the US on a B1/2 visa, if she’s currently doing that whilst visiting you she is in breach of her visa conditions already and should cease working. 

 

when filing AOS you will need to file for work authority also and she will not be permitted to work in any capacity until it is granted this can take 8 months or more...you will be require to support her financially until EAD is approved 

[SusieQQQ 11,587]

Lawyers I have seen will refer to the tax code on this, and the tax code says 

https://www.irs.gov/individuals/international-taxpayers/source-of-income-personal-service-income

All wages and any other compensation for services performed in the United States are generally considered to be from sources in the United States. The place, where the personal services are performed, generally determines the source of the personal service income, regardless of where the contract was made, or the place of payment, or the residence of the payer.