Nervous for my Girlfriend

[Joyoussinger 1,425]

11 hours ago, TheCat66 said:

Sorry if I was not clear, yes she worked every time she was in the US or in other countries 

Worked remotely, for her company in mexico.

Working remotely is still working and does violate the terms of the visa.

[Crazy Cat 41,837]

11 hours ago, TheCat66 said:

Would the B have been revoked without some sort of formal notification or requesting she hand in her passport so they can stamp canceled on it?

I have seen cases where the person wasn't aware of a revocation until they tried to board a flight to the US.  You just never know. 

[EmilyW 1,434]

Maybe you can travel to her for Christmas?

 

In my opinion only, she is abusing her tourist visa to effectively live and work in the US.  And she's now looking for a way via the F1 to - I presume - 'study' and continue to work for her employer, I'm guessing.

 

I'd be cautious.  And it's worth her and you making sure you both know the terms and conditions of her tourist visa, and abiding by them.

Edited December 16, 2023 by EmilyW

[jan22 3,052]

If I have the time line straight, she

• Spent two years in the US (2019-2021);
• Spent one year in Mexico (2022), where she was granted a B visa in late 2022; and
• During 2023, she used the visa "numerous times" to enter the US, including the last trip of 5.5 months.

So, during the past four years, she spent more than 2.5 years in the US, and less than 1.5 years in Mexico.

 

And, during all of her trips to the US since 2021, she worked, albeit remotely, without a work permit.

 

And, finally, after her last visit of 5.5 months during which she worked, she was refused a different non-immigrant visa to spend the next few years in the US, after which she now wants to return to the US -- having spent less than a month outside the US -- for another "visit".

 

I did not write this summary to be harsh or unfeeling.  I am trying to review it from the immigration officer's perspective and show you that -- even if the B visa is not revoked -- there is every likelihood that she may be denied entry which takes note of her improper use of the B visa to live and work in the US.  All of that will make future visas or entries into the US much more difficult.

 

[OldUser 6,635]

@TheCat66 time to consider proposing to your GF, marrying and going CR-1 visa route?

 

It seems like you guys want to be together and she's stretching the limits of non-immigrant visas?

 

I don't know how she would deal with unauthorized work in the US, this could be an issue for sure.

[mari04 100]

Working remotely for her company will not cause real problems. I personally travel around the world all the time and of course I work remotely. Just like any business person. The key here is that she worked for the company that she already worked for in the first place before coming to US as tourist. 

[Boiler 45,468]

3 minutes ago, mari04 said:

Working remotely for her company will not cause real problems. I personally travel around the world all the time and of course I work remotely. Just like any business person. The key here is that she worked for the company that she already worked for in the first place before coming to US as tourist. 

Some countries allow it US does not.

[Crazy Cat 41,837]

6 minutes ago, mari04 said:

The key here is that she worked for the company that she already worked for in the first place before coming to US as tourist. 

The key is that she worked inside the US without authorization.  That can get her entry denied or an expedited removal (and an automatic 5 year ban). 

Edited December 16, 2023 by Crazy Cat

[mari04 100]

11 hours ago, MaxP22 said:

She should be prepared to be denied entry and sent back on the next plane home and rightly so.

 

She is basically using a tourist visa to live and work in the USA.

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.

[mari04 100]

7 minutes ago, Crazy Cat said:

The key is that she worked inside the US without authorization.  That can get her entry denied or an expedited removal (and an automatic 5 year ban). 

Theoretically. Practically I would be interested of a single case where people were removed at the entry because they exchanged emails on their work in their home country while being on vacation in US within the CBP allowed tourist stay. 

[Crazy Cat 41,837]

3 minutes 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.

VJ history proves otherwise.  She worked inside the US without authorization.

[mari04 100]

10 minutes ago, Crazy Cat said:

The key is that she worked inside the US without authorization.  That can get her entry denied or an expedited removal (and an automatic 5 year ban). 

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

[mari04 100]

2 minutes ago, Crazy Cat said:

VJ history proves otherwise.  She worked inside the US without authorization.

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. 

[Crazy Cat 41,837]

1 minute ago, mari04 said:

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

Until they get caught.

[mari04 100]

1 minute ago, Crazy Cat said:

Until they get caught.

Once again: you need to reference a single case.