Advice on Where to Start

[SabLan 0]

I’ll chime in.  My fiancée and I have been in a long distance relationship for almost 10 years.  We waited over 2 years for the B1/B2 Visa appointment only to have it rejected in 8/2022.  We then started down the path of going for a K1 Visa.  We hired another company to assist.  We submitted our paperwork in 8/2023 for the !-129 and got our approval 03/2024.  Now we are at that stage where we have been waiting for the Embassy Instructions.  We are ready with the required docs, well, my point being, don’t spin the wheels on a B1/B2 if that is even a consideration.  I have found a lot of helpful information here, but in the long run, going for a K1 or the other one is the way to go.  IMHO, paying the money for competent help is $$ well spent.  Out of respect for Visa Journey I will not publicly name who we used, as I did not find this site until recently and it seems that there is a lot more help to be found here in the forums and that probably carries over to the paid services provided.  Best of luck, the journey isn’t easy, but so worth it.

[hplusj 135]

3 hours ago, Family said:

Just because one can…doesn’t mean one should. Only IR ‘s are “forgiven”. …

https://www.grossmanyoung.com/blog/can-i-work-for-my-foreign-employer-while-physically-present-in-the-u-s/

 

This is a grey area of immigration law, but based on a review of relevant legal precedent and practice, we believe the best answer is “NO” because: 

• Immigration laws require an employment-authorized status for any “employment” in the U.S.:The immigration regulations at 8 CFR 214.1(e) clearly state that a temporary visitor in the U.S. is prohibited from engaging in any employment “unless he has been accorded a nonimmigrant classification which authorizes employment” and that “[a]ny unauthorized employment by a nonimmigrant constitutes a failure to maintain status.” The question is whether remote work for a foreign employer constitutes employment under the immigration laws.  It is our opinion that it does.  
• The employer compliance provisions of the immigration laws apply to foreign employers with employees in the U.S.: Even though they are based in another country, foreign employers who employ foreign nationals (FN) who are physically present in the U.S. are subject to employer compliance laws as outlined by INA §274A. These employers cannot employ a FN who is in the U.S. without having a U.S. agent to act as their representative before U.S. immigration authorities. Immigration authorities can discipline the foreign employer via the U.S. agent for employing a FN who is working for them in the U.S. without work authorization. 
• It may violate U.S. tax law:Foreign nationals without work authorization are prohibited from earning “U.S. source income.” Income is of a U.S. source if the services provided in exchange for it occurred while the FN was physically present in the U.S. It doesn’t matter if the FN was paid by a foreign company via a foreign bank account or even if the income came from freelance self-employment. U.S. source income of any kind is subject to taxation by the U.S. federal government. Earning such income without U.S. work authorization means it will likely not be reported to the Internal Revenue Service (IRS) and therefore not taxed, ultimately violating U.S. tax law.  Further, paying people to work while physically present in the U.S. could create corporate income tax exposure for the foreign employer, since the employer would likely be deemed to be engaging in business in the U.S., resulting in a requirement that the foreign corporation allocate a portion of its worldwide income to the U.S. and pay U.S. corporate income tax.

Since each case is different and fact-specific, we recommend you consult with a Grossman Young attorney if you have questions about your ability to work while you are in the U.S.  

Thanks for the info!  As I stated, not an economist or a lawyer and this perfectly spells out the information I needed.  I apologize for my attempts to make sense of this, but finally we got some real clarity on the issue.  Thank you again!

[Boiler 45,449]

Quite simple if working is an issue do not go the K1 route.

[Tessiebo 0]

Hi!! I’m not sure if I have anything new or helpful to say but I think we have very similar stories- I’m a 26 year old USC who married her Colombian boyfriend a year and a half ago! 

We decided to get married in Colombia, because I was working there at the time and was pretty content and was willing to be here for another year or so. Getting married here was SUCH a headache honestly, all the paperwork that was necessary for the Colombian wedding seemed to be as much as filing for the visa (maybe I’m exaggerating but damn it was a lot). 

We filed an I-130 in May 2023 and are still waiting. During this time I got a job in the US, and being apart was very difficult. He has a tourist visa, but my lawyer recommended he not enter. One of her clients was denied entry, as they flagged him as having an I-130 and thought he might stay, and we didn’t want this to happen to him. My job eventually let me go remote due to his process taking so long, so I could be with him, but obviously not all workplaces are as understanding/flexible. Now that we’re together, the waiting isn’t too terrible anymore. Although I do wish we could just start our lives already! 

If you have a situation where you could visit him constantly, then maybe CR-1 isn’t too bad. But, I think if I could do it over again we would have done K-1. Especially if my job hadn’t let me go remote! The CR-1 process has been so long- we would have started our lives in the states together so much sooner. If you can afford the process, and him not working for a period of time it’s a good option. 

 

I wish you and your boyfriend all the luck in this process!  Saludos desde Medellin

[Crazy Cat 41,814]

14 minutes ago, Tessiebo said:

The CR-1 process has been so long- we would have started our lives in the states together so much sooner.

You sure about that? 

[Lemonslice 4,831]

On 5/31/2024 at 11:04 AM, Tessiebo said:

Hi!! I’m not sure if I have anything new or helpful to say but I think we have very similar stories- I’m a 26 year old USC who married her Colombian boyfriend a year and a half ago! 

We decided to get married in Colombia, because I was working there at the time and was pretty content and was willing to be here for another year or so. Getting married here was SUCH a headache honestly, all the paperwork that was necessary for the Colombian wedding seemed to be as much as filing for the visa (maybe I’m exaggerating but damn it was a lot). 

We filed an I-130 in May 2023 and are still waiting. During this time I got a job in the US, and being apart was very difficult. He has a tourist visa, but my lawyer recommended he not enter. One of her clients was denied entry, as they flagged him as having an I-130 and thought he might stay, and we didn’t want this to happen to him. My job eventually let me go remote due to his process taking so long, so I could be with him, but obviously not all workplaces are as understanding/flexible. Now that we’re together, the waiting isn’t too terrible anymore. Although I do wish we could just start our lives already! 

If you have a situation where you could visit him constantly, then maybe CR-1 isn’t too bad. But, I think if I could do it over again we would have done K-1. Especially if my job hadn’t let me go remote! The CR-1 process has been so long- we would have started our lives in the states together so much sooner. If you can afford the process, and him not working for a period of time it’s a good option. 

 

I wish you and your boyfriend all the luck in this process!  Saludos desde Medellin

The vast majority of beneficiaries with valid visas are able to visit, for reasonable duration/frequency.  It's ok to be prudent, and to listen to your lawyer; however visiting is a possibility.