A B-1/B-2 visa holder visiting the United States is facing a difficult situation after receiving an unexpected marriage proposal. She has been staying in the country while working remotely for a foreign company during her visit.
Her plans changed when her boyfriend proposed just before her scheduled departure. She is now engaged and considering filing an Adjustment of Status to apply for a green card.
Legal Risk of Remote Work
Immigration lawyers have given mixed advice about whether she should continue working. Any form of unauthorised work from within the US is risky, even if the employer is based abroad.
EAD Requirement Raises Concerns
Working without an Employment Authorisation Document can be treated as a serious visa violation. Individuals found working without permission may face long-term immigration consequences.
USCIS Forgiveness Is Not Guaranteed
Some experts note that the USCIS often forgives unauthorised work for spouses of US citizens. However, the current strict immigration environment has made lawyers cautious.
90-Day Marriage Rule Complications
Experts have also warned that marrying too soon after arrival can create problems. Immigrants are generally expected to wait 90 days before marrying a US citizen.
Risk of Fraud Allegations
Marrying and filing for a green card too quickly may trigger fraud concerns. USCIS could assume the applicant misrepresented her intent during the visa interview.
Advice From Immigration Experts
The applicant has been advised to stop working immediately to avoid complications. Lawyers have also suggested consulting about a K-1 fiancée visa instead.
Safer Alternative Suggested
Experts believe applying for a K-1 visa is a safer route than filing an Adjustment of Status. This option reduces the risk of visa misuse allegations and legal trouble.
