I130 affect on B1/B2/I94

[mugatu300 8]

29 minutes ago, SalishSea said:

3-4 days per WEEK?   IMO, that’s pushing it.   CBP doesn’t like it when people abuse their B visa privileges by using them to LIVE in the US.

 

What job does she have that would allow that chunk of time off every week?   Hopefully you both understand that she cannot work remotely on a B visa.

Going forward we are only going to visit each other weekends and alternate so that each of us is only in the other country 2-3 days every two weeks. And perhaps I will even visit more than twice per month so maybe 3 weekends I visit her and one weekend she visits me. Do you think her past extensive visitation schedule will harm us in any way if we correct it ASAP going forward? She was spending a lot of time here the past 12 months but prior to that, she was only spending maybe 5-10% of her time here. Thanks for any advice!

[Redro 4,611]

11 minutes ago, mugatu300 said:

Going forward we are only going to visit each other weekends and alternate so that each of us is only in the other country 2-3 days every two weeks. And perhaps I will even visit more than twice per month so maybe 3 weekends I visit her and one weekend she visits me. Do you think her past extensive visitation schedule will harm us in any way if we correct it ASAP going forward? She was spending a lot of time here the past 12 months but prior to that, she was only spending maybe 5-10% of her time here. Thanks for any advice!

IMO even without filing the advice people have given you re: frequent visits still stands. You might want to consider doing the majority of visits for the next 6 months or so… and file ASAP if living together in the US is your main priority. 
ETA: I think you might be overthinking the process too much. There are so many variables with immigration and conceiving. It might be better to file and then plan around want actually happens not what you want to happen. But definitely consider reducing the frequency and duration of visits your spouse will be making to the US 

Edited July 28, 2023 by Redro

[mugatu300 8]

51 minutes ago, Chancy said:

 

Remember that your wife is not allowed to work, not even remotely, in the US while on B1/B2.  If CBP finds out she works while on B visa, that's an easy way to expedited removal and possibly a ban for misrepresentation.

 

 

49 minutes ago, SalishSea said:

3-4 days per WEEK?   IMO, that’s pushing it.   CBP doesn’t like it when people abuse their B visa privileges by using them to LIVE in the US.

 

What job does she have that would allow that chunk of time off every week?   Hopefully you both understand that she cannot work remotely on a B visa.

 

I was exaggerating a bit by saying every week lol but she has definitely been here a lot. But imagine too when I say 3 days that often means she comes on a Friday after work and then stays until Sunday night or Monday morning to return home. 

 

I will say tho that she has worked remote here just a handful of days (since it is difficult for her because my internet sucks lol). We only did this after consulting an immigration attorney when the bordered open long time ago and they stated that it was ok because "she is serving foreign interests for a foreign company with her salary going into a foreign bank account". That was the line they specifically said. Are you saying we received faulty advice? Kind of freaking out right now. Will this in any way affect her green card application? Like I said it was minimal times, most times she was here for extended weekdays she was on PTO. Thanks for any advice!

22 minutes ago, Redro said:

IMO even without filing the advice people have given you re: frequent visits still stands. You might want to consider doing the majority of visits for the next 6 months or so… and file ASAP if living together in the US is your main priority. 
ETA: I think you might be overthinking the process too much. There are so many variables with immigration and conceiving. It might be better to file and then plan around want actually happens not what you want to happen. But definitely consider reducing the frequency and duration of visits your spouse will be making to the US 

Yep I'm definitely going to be doing 90% of the visiting going forward. Thanks for the wake up call lol!

[SalishSea 17,801]

1 hour ago, mugatu300 said:

 

 

I was exaggerating a bit by saying every week lol but she has definitely been here a lot. But imagine too when I say 3 days that often means she comes on a Friday after work and then stays until Sunday night or Monday morning to return home. 

 

I will say tho that she has worked remote here just a handful of days (since it is difficult for her because my internet sucks lol). We only did this after consulting an immigration attorney when the bordered open long time ago and they stated that it was ok because "she is serving foreign interests for a foreign company with her salary going into a foreign bank account". That was the line they specifically said. Are you saying we received faulty advice? Kind of freaking out right now. Will this in any way affect her green card application? Like I said it was minimal times, most times she was here for extended weekdays she was on PTO. Thanks for any advice!

Yep I'm definitely going to be doing 90% of the visiting going forward. Thanks for the wake up call lol!

Yes, you received faulty advice.   The terms of the B visa do not permit work of any kind.

[pushbrk 12,870]

12 hours ago, mugatu300 said:

 

Understood. Now as a US citizen myself, do the same rules apply to me in terms of visiting Canada? And by that I mean, only infrequent visits and not spending too much time there? If my wife is pregnant, obviously I want to be with her as much as possible to support her but also without jeopardizing either of our statuses.

Could you please elaborate further a bit please? I dont really understand.

Yes, the same rules apply, but you are the only one using "only infrequent visits".  That part is wrong.  We have defined for you "spending too much time".  The general rule for both of you is to be outside the visited country more than inside.  4 days in and 3 days out EVERY WEEK, is too much, just like 7 months in and 3 months out would be.  Keep that in mind.  Do some of the traveling yourself, and don't abuse the privilege.

[mugatu300 8]

46 minutes ago, pushbrk said:

Yes, the same rules apply, but you are the only one using "only infrequent visits".  That part is wrong.  We have defined for you "spending too much time".  The general rule for both of you is to be outside the visited country more than inside.  4 days in and 3 days out EVERY WEEK, is too much, just like 7 months in and 3 months out would be.  Keep that in mind.  Do some of the traveling yourself, and don't abuse the privilege.

Understood, thank you! Now it was mentioned previously we were given faulty advice regarding my now wife working her remotely on her B1/B2. I am very worried now and quite upset that the lawyer told us that. Do you think that will inhibit our green card spousal application process moving forward? I know you are very knowledgeable so wanted to pick your brain. Almost having a panic attack thinking this is going to ruin her ability to immigrate here in future...

[pushbrk 12,870]

7 minutes ago, mugatu300 said:

Understood, thank you! Now it was mentioned previously we were given faulty advice regarding my now wife working her remotely on her B1/B2. I am very worried now and quite upset that the lawyer told us that. Do you think that will inhibit our green card spousal application process moving forward? I know you are very knowledgeable so wanted to pick your brain. Almost having a panic attack thinking this is going to ruin her ability to immigrate here in future...

Probably a non-issue.  For example, I used to work for a company in Ottawa.  My Sales Manager and technical people would come across to accompany me on sales calls.  Doing business is allowed on the B1B2 privilege.  I'm not saying what your wife is doing is technically legal.  I'm saying it is unlikely to come up unless one of you brings it up.

[Redro 4,611]

2 hours ago, mugatu300 said:

Understood, thank you! Now it was mentioned previously we were given faulty advice regarding my now wife working her remotely on her B1/B2. I am very worried now and quite upset that the lawyer told us that. Do you think that will inhibit our green card spousal application process moving forward? I know you are very knowledgeable so wanted to pick your brain. Almost having a panic attack thinking this is going to ruin her ability to immigrate here in future...

 

15 hours ago, Mike E said:

Once a CBP officer decides she is not entering the U.S., how that happens falls on a spectrum and also depends on whether she is traveling from a Canadian pre clearance airport.

 

The worst would be expedited removal. This means she is inside the U.S.  at a port of entry. Meaning she entered the U.S. by land, or flew from Canada from a non pre clearance airport such as  Regina or Billy Bishop aka Toronto Island . Expedited removal is deportation without immigration court proceedings. Any deportation carries with it a 5 year ban.

 

Second worst would be cancelation of her B visa. This can happen at any type of port.

 

Third worst is an invitation withdraw her application to enter. If she agrees, no ban. She might even get to keep her visa. If she disagrees, it is all but certain she is getting a ban. This can happen at any type of port.

If your wife wants to continue to visit the US or move to the US. The 3 scenarios Mike E outlines are possibilities (as well as nothing happening at all). If her visits are frequent and long the chances of her being taken to secondary are higher… even without a pending I130. The more often she visits  the US, the more likely CBP will inquire why she is visiting so frequently and how she can afford it and checking to see if she is working during her visits. 

[mugatu300 8]

19 minutes ago, Redro said:

 

If your wife wants to continue to visit the US or move to the US. The 3 scenarios Mike E outlines are possibilities (as well as nothing happening at all). If her visits are frequent and long the chances of her being taken to secondary are higher… even without a pending I130. The more often she visits  the US, the more likely CBP will inquire why she is visiting so frequently and how she can afford it and checking to see if she is working during her visits. 

 

2 hours ago, pushbrk said:

Probably a non-issue.  For example, I used to work for a company in Ottawa.  My Sales Manager and technical people would come across to accompany me on sales calls.  Doing business is allowed on the B1B2 privilege.  I'm not saying what your wife is doing is technically legal.  I'm saying it is unlikely to come up unless one of you brings it up.

Yep, definitely understood. She will severely limit her visitation here going forward. Do you think we should practice a period this prior to filing the I130? Like maybe do a couple months of her not visiting and then apply for I130 just so her visitation doesnt look so bad lol?

 

What I really worry about now and havent been able to get out of my mind is her history of working here remotely in the past year. I really hope it doesnt affect her case. Kind of ticked off the lawyer told us that but I guess you get what you pay for. I paid $100 for a 30 minute consultation and now I feel like her whole green card is at risk now. 

[Redro 4,611]

9 minutes ago, mugatu300 said:

 

Yep, definitely understood. She will severely limit her visitation here going forward. Do you think we should practice a period this prior to filing the I130? Like maybe do a couple months of her not visiting and then apply for I130 just so her visitation doesnt look so bad lol?

 

What I really worry about now and havent been able to get out of my mind is her history of working here remotely in the past year. I really hope it doesnt affect her case. Kind of ticked off the lawyer told us that but I guess you get what you pay for. I paid $100 for a 30 minute consultation and now I feel like her whole green card is at risk now. 

If moving to the US is her ultimate goal then file the I130 tomorrow. Delaying filing isn’t going to help her case or hurt her case. The issue is she is married to a USC and she visits the US frequently. Now she knows not to work in the US remotely she should stop. Good luck. I know you want the process to work out smoothly and perfectly but immigration to the US is quirky and your perfect plan might change. You might decide it’s better to live in Canada after 1 year. You might decide to move to China… just try to go with the flow and enjoy your life together. 

[Allaboutwaiting 2,503]

16 minutes ago, mugatu300 said:

I paid $100 for a 30 minute consultation and now I feel like her whole green card is at risk now. 

I would have charged you half of that to tell you she can't in 3 seconds at most.

[SalishSea 17,801]

23 minutes ago, mugatu300 said:

 

Yep, definitely understood. She will severely limit her visitation here going forward. Do you think we should practice a period this prior to filing the I130? Like maybe do a couple months of her not visiting and then apply for I130 just so her visitation doesnt look so bad lol?

 

What I really worry about now and havent been able to get out of my mind is her history of working here remotely in the past year. I really hope it doesnt affect her case. Kind of ticked off the lawyer told us that but I guess you get what you pay for. I paid $100 for a 30 minute consultation and now I feel like her whole green card is at risk now. 

There are a lot of ill-informed or even scammy lawyers out there.

 

Your best bet, going forward, is to do everything by the law, and don't try to take advantage of the privilege of the B visa.  Especially since she is not a Canadian citizen.  Petition her for an immigrant visa and wait in the queue like everyone else.

[pushbrk 12,870]

It sounds like she has already been abusing the visitor privilege.  That should stop now, but I would not delay filing the I-130.

 

[mugatu300 8]

13 hours ago, pushbrk said:

Yes, the same rules apply, but you are the only one using "only infrequent visits".  That part is wrong.  We have defined for you "spending too much time".  The general rule for both of you is to be outside the visited country more than inside.  4 days in and 3 days out EVERY WEEK, is too much, just like 7 months in and 3 months out would be.  Keep that in mind.  Do some of the traveling yourself, and don't abuse the privilege.

I have a few more questions if it isn't too much trouble for you:

 

1) Does same day travel still constitute a day in Canada's eyes? For instance, while she's pregnant if I go check on her everyday after work and then return to my home in US that same night, is that still considered a "day in"? I would only do sleep overs on the weekends. Or does every-time I cross the border regardless of how much time I spend still constitute a "day in"? Obviously with her being pregnant I would like to be there to support her as much as possible but still be well within the law and not risk anything. I know she has also mentioned I can apply for Canadian PR but not sure yet...

 

2) If we apply for her I130 ASAP, will that prevent her from visiting me occasionally in future or her getting her I94 stamps renewed? Her evidence of ties to Canada would be her job in Canada, her pregnancy OBGYN appointments in Canada, and her apartment in Canada (although I know a house is much stronger evidence). She also recently applied for Canadian citizenship so not sure if that also can be used as evidence of strong ties.

 

3) Does USCIS care how soon you file an I130 application post-marriage? For instance, if we want to wait a bit for whatever reason (still discuss our future plans of living in US vs Canada, ability to do IR1 instead of CR1, etc), is it OK to do so? Obviously I know that will just delay things but I'm curious if that raises any red flags in USCIS's eyes? Do they generally want to see people file immediately post-marriage? Is it ok to wait a bit for the reasons I mentioned above?

[Redro 4,611]

1 hour ago, mugatu300 said:

I have a few more questions if it isn't too much trouble for you:

2) If we apply for her I130 ASAP, will that prevent her from visiting me occasionally in future or her getting her I94 stamps renewed? Her evidence of ties to Canada would be her job in Canada, her pregnancy OBGYN appointments in Canada, and her apartment in Canada (although I know a house is much stronger evidence). She also recently applied for Canadian citizenship so not sure if that also can be used as evidence of strong ties.-I-130 or no I-130 on file won’t make a difference. Her marriage to you and her previous travel history will impact her ability to obtain another stamp. 

 

3) Does USCIS care how soon you file an I130 application post-marriage? For instance, if we want to wait a bit for whatever reason (still discuss our future plans of living in US vs Canada, ability to do IR1 instead of CR1, etc), is it OK to do so? Obviously I know that will just delay things but I'm curious if that raises any red flags in USCIS's eyes? Do they generally want to see people file immediately post-marriage? Is it ok to wait a bit for the reasons I mentioned above?-getting married to a USC doesn’t mean you have to petition a spouse. I have many friends married to USCs -1, 2 10 years later they applied for a spousal visa. Some have been married for 20+ years and have no intention of ever moving to the US. Some visit the US on ESTA or tourist visas. Some have never visited the US because they’ve been denied tourist visas (married to USC) 

 

Edited July 29, 2023 by Redro