with pending K1 flying to the US with B1/B2 visa together with USC child

[pinaydiver 16]

Hi guys, 

 

I have a pending K1 visa, we just recently submitted our k1 last month. So meaning it will take so long (considering backlogs) for it to even get processed. We have a 6 month old baby together. (USC). Now, we wanted to visit him and in the grandparents (first baby in the family) for a month or two. Since they can't travel to the Philippines because of Covid. My fiance also cant travel because he was on probation. 

I already have tourist visa (been in the states 3 times, 2 of those to visit my fiance *last one when i was 4 month pregnant, i just went for a 2 week trip). I have good job from a reputable company that agreed I can WFH from the US during those two or three months.  

 

I'm a little nervous about travelling because I can be denied entry. But the thing is, we really want to meet again and for my daughter to finally meet her father. i was hoping my last trip can help my case, Like obviously i have no intention to overstay. I could have given birth there (for my child to become USC right away instead of applying for tedious CRBA)  and overstay on my last trip. But i choose not to because I don't want to violate my tourist visa.

 

has anyone ever travelled on B1/B2 visa with your USC child?

 

 

 

[Adventine 3,196]

I'm here right now in the US on a B1/B2 visa, with a pending K1 application. I have no kids, though.

 

The good points in your favor: you've visited the US before.

 

The negative points that will go against you, that will lead both PH and US immigration officers to wonder if you're going to stay permanently in the US: your USC child, and your remote work arrangement. You'll have to be prepared with very good reasons to come back to the PH.

 

As many other posters will tell you, working remotely in the US is also not allowed, although many get away with it. There are some stories on this forum of people being sent home when they told CBP they'd work remotely.

 

[pinaydiver 16]

Thank you for your feedback. I have not read anywhere about working remotely is not allowed (i mean everyone is working from home right now). But I will check that information now, there's like a 150+ thread about travelling while on K1 here. I'm going through it one by one. Haha. Can you share the links where other people commented about working from home?

 

[SteveInBostonI130 3,454]

Probation?

 

Does your fiance have a criminal history?  If so, expect delays on your K1.  Maybe even a denial.

 

A better option for your case might be CR1.  If you do travel to visit next month, review your situation together and consider getting married.  Then submit for a CR1 and continue on with a consular spouse visa - that is, return to PH at then end of your trip and do the interview at PH.

[pinaydiver 16]

As per our lawyer, there are only some criminal background that will cause denial. His case was not one of those. I've seen so many people with criminal history that was approved with k1 with no issues. The criminal history requirement lies heavily on the beneficiary for K1  Visa (like literally any criminal history can cause denial) For the USC, just those like Murder, Rape, Domestic Violence, Sex offenders and etc. His case was far from that.  

 

That said, we haven't really thought of getting married and applying for CR1 visa because it takes longer than K1. But I don't think that really matters now as embassies are backlogged. Maybe CR1 is even faster nowadays as K1 visa is currently on pause for processing. But who knows. We will think about that. Thank you so much!

[Adventine 3,196]

1 hour ago, pinaydiver said:

Thank you for your feedback. I have not read anywhere about working remotely is not allowed (i mean everyone is working from home right now). But I will check that information now, there's like a 150+ thread about travelling while on K1 here. I'm going through it one by one. Haha. Can you share the links where other people commented about working from home?

 

 

Yes, it's the norm now to work remotely inside your country of residence. However, working remotely from the US poses a risk, even for a foreign employer and even with salary credited to your foreign bank account:

 

Here are some links. You can also look for other threads using the search function at the top of the page:

• Immigration Lawyers Arguing: "Can I Work from Home for a Foreign Employer?" | Nation of Immigrators
• Working remotely - K-1 Fiance(e) Visa Process & Procedures - VisaJourney
• Can a K1 Visa do remote work while AOS and EAD pending? - Working & Traveling During US Immigration - VisaJourney
• Tricky K-1 Work Authorization Question - Tax & Finances During US Immigration - VisaJourney

 

 

[pinaydiver 16]

Thank you so much for the links, I've been reading some forums too and it seems like you are right. Good thing that was mentioned. Otherwise I would have made a terrible mistake declaring that. Guess, I have to apply for leave for more than a month then. 

[Adventine 3,196]

1 minute ago, pinaydiver said:

Thank you so much for the links, I've been reading some forums too and it seems like you are right. Good thing that was mentioned. Otherwise I would have made a terrible mistake declaring that. Guess, I have to apply for leave for more than a month then. 

 

You're welcome. Your US tourist visa is worth more than gold right now (or bitcoin), especially as the embassy hasn't been issuing tourist visas for almost a year now. Best not to expose yourself to risk by working remotely while in the US. 

 

Hope you have a nice trip and good time with your fiancé!

[Duke & Marie 1,389]

You can come visit with baby, but like always no guarantee of entry when on a B2.. be sure to carry strong evidence to demonstrate your intention to go back home.. 

 

you will NOT be permitted to work from home while visiting the US.. you’re required to have work authorisation to do that.

[SalishSea 17,832]

7 hours ago, pinaydiver said:

Thank you for your feedback. I have not read anywhere about working remotely is not allowed (i mean everyone is working from home right now). But I will check that information now, there's like a 150+ thread about travelling while on K1 here. I'm going through it one by one. Haha. Can you share the links where other people commented about working from home?

 

All you have to do is to disclose the plan to work remotely at POE, and you'll see that it isn't allowed.

[retheem 566]

Any mention of working from home may work against you. Just say you have a good job back home and carry the evidence and leave it at that. 

48 minutes ago, Jorgedig said:

All you have to do is to disclose the plan to work remotely at POE, and you'll see that it isn't allowed.

Lol

[neca 166]

I would probably consider getting married and filing a CR1 since you'll hopefully be in the US anyway. I believe they are processing K1 visas now, but you still have like a year of backlog to wait through from others who have been waiting during the ban. Not the case with the CR1, though there are delays across the board.

 

Another thing to consider is that you'll be able to work as soon as you touch down with your CR1, not so with the K1. I don't know how extravagant your marriage plans are, but you can always do a simple civil ceremony if you're allowed in to visit this time, with plans of doing a bigger one later.

 

In any case, good luck with your journey!

[pinaydiver 16]

I agree with the thinking of CR1 instead of K1. It seems faster now as I believe only Spouse visa is being processed at PH US embassy at the moment. But we already sumbitted our K1 last January. So I think we should just go on and wait. Any yes, all the backlog on K1 for the past year is a hell alot of applicants. Though for K1, on our case we just need to wait until our case is sent to MNL Embassy as we can actually bypass most of the applicants as we qualify for expedite processing (as we have a USC child that will travel with me) currently that's on their priority. That and those K2 applicants turning 21 soon. 

 

What I hope is if we successfully enter, if I do stay for 5 months. On those 5 months we get a MNL case number and approval already (Though I doubt)  Then we can go home and expedite the interview. But I think if we get "denied", hopefully its while I'm in the US so we can get married, I go back and carry on processing Spousal Visa in the PH. 

 

Thank you guys for all your advice. My only concern now is how to explain I'm bringing my work laptop if I'm vacationing and not working. Because if I get to second inspection, i'm sure they will check my bag.  

 

 

[JFH 12,190]

*~*~*moved from “K-1 fiancé visa progress reports” to “tourist visas” - question about permitted  activities on a tourist visa”*~*~*