Q: I have a question regarding my situation. Married to a U.S. citizen last January, I'm in the US on a B1/B2 visa and work
I'm working remotely for a company outside of the U.S. I'm wondering if this could impact my I-130 application.
A:
When you are in the U.S. on a B1/B2 visa and working remotely for a company outside the U.S., it's important to be aware of the visa's restrictions. The B1/B2 visa is typically for tourists or business visitors and does not authorize employment in the United States. Working remotely for a non-U.S. company while physically present in the U.S. can be a complex legal area.
Your marriage to a U.S. citizen and the subsequent filing of an I-130 petition for an alien relative is a separate matter. The I-130 is a part of the process to establish your eligibility for a family-based immigrant visa. The key focus of this application is your relationship with your U.S. citizen spouse and your intention to build a life together in the United States.
However, any violation of your current visa status, such as unauthorized work, could potentially impact your adjustment of status application (Form I-485), which is usually filed concurrently or after the I-130 petition. The U.S. Citizenship and Immigration Services (USCIS) examines your entire immigration history, including compliance with visa regulations.
It's advisable to discuss your specific circumstances with an immigration attorney. They can provide guidance on how your remote work might affect your immigration process and advise you on the best steps to take to ensure compliance with U.S. immigration laws.
Remember, honesty and transparency in all your immigration filings and interactions with USCIS are crucial. Misrepresentations or violations of visa terms can lead to serious legal consequences.
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