| Q. |
Gray areas
My fiance has a b1 visa and will be here on business in August. If things go well we will get married.
Legally, can she telecommute to her Russian office until she gets her green card? Her Russian employer will continue to pay her. Once she has a green card she will look for employment here.
User's Location:
St Louis Park, Minnesota, United States of America
Category:
Family-based Green Card
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| A. |
If a foreign national is physically present in the U.S. and married to a U.S. citizen, there are two main options on obtaining permanent resident status:
(1) Adjustment of Status Within the U.S.
(2) Immigrant Visa Processing (IVP) Through U.S. Consulate Abroad
If the foreign national last came to the U.S. as a B-2 visitor and then married a U.S. citizen, there is some risk to filing within the U.S. through adjustment of status. This is because CIS could view the B-2 entry as a misrepresntation if foreign national knew s/he was going to marry and file for green card from within the U.S. CIS could view the B-2 entry as a way around a K-1 fiance visa.
The other option is to process through the U.S. Consulate in her home country. This involces two stages: (a) Filing I-130 in the U.S. and (b) Processing for immigrant visa through National Visa Center (NVC) and U.S. Consulate in home country.
The filing of the I-130 or any IVP paperwork does not provide her any permission to stay in the U.S. If she were to stay in the U.S., she would either need to extend her B-2 status or obtain different nonimmigrant status.
You are correct that her working in the U.S. (telecommuting for Russian company) is a gray area. It is unclear because not working for a U.S. company should not be an issue, but there are L-1s in the U.S. working for foreign companies that require that L-1 status in order to work in the U.S.
My very unofficial take on the issue is that her activities should not be a problem if being in the U.S. has nothing to do with her work and it does not benefit her work activities in any way. (For example, a software designer on vacation in the U.S. who is working on software products online and who could do it anywhere.) If her being in the U.S. benefits her work situation in anyway and she interacts with anyone in the U.S. for work, then I think it might be an issue.
Any US location of foreign employer? Perhaps she could qualify for an L-1 intracompany transfer? She could work in the U.S. while she pursued a green card from within the U.S.
Regards, |
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525
www.srwlawyers.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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