Q&A’s published on Lawyers.com and the Epoch Times – 5/04/2018 1. B1/B2 Visa – Legal to Work? 2. Can I Get Married Before My Consulate Interview? 3. K-1 Visa

1. B1/B2 Visa – Legal to Work?

Is it legal to work if you have a B1/B2 Visa? If not, is there any legal way to work around it, such as creating a business where a US citizen is identified as the owner and/or manager and/or officer, you’re listed as a manager or investor, and you/your family (also with B1/B2 Visas) actually do all or almost all of the work and management of the business, list your apartment as the business address, and use the profits from the business to support yourself and your family? The business does have a tax id and pays taxes. If not, what are the possible consequences if you’ve been doing this for many years?

Mr. Lee answers:
It is not legal to work in the U. S. under B-1/B2 visa status under the conditions that you have described. While someone holding B status may be a passive investor, that does not appear to be your situation. Possible consequences are that you are in violation of your immigration status and removable. 

2. Can I Get Married Before My Consulate Interview?

My mother filed for me and my visa was approved but I have an interview on August 2 in my country.  I’m engaged to be married in November do I leave or get married before I leave the USA?

Mr. Lee answers:
You should not be married before you leave the country unless your fiancee is a US citizen and can sponsor you for the green card. Your mother is either filing for you under immediate relative status as a child under the age of 21 and unmarried, F-1 category as unmarried son or daughter over the age of 21 of a U. S. citizen, F-2A category as the child under the age of 21 and unmarried of a lawful permanent resident (LPR), or F-2B category as the son or daughter over the age of 21 and unmarried of an LPR. Getting married prior to receiving permanent residence would adversely affect any of the above petitions.

3. K-1 Visa

I am a long time resident of the USA. My fiancee is in the Philippines.  Is it best to get my citizenship to sponsor her for visa or go there and marry her to bring her to the States? I am trying to bring her here as soon as possible and I need to pay some old tickets.

Mr. Lee answers:
If you become a U. S. citizen, you can choose to sponsor your significant other under K-1 fiancée visa status assuming that you have met each other within the past 2 years, or as your spouse if you go to the Philippines and marry her. That choice is up to you. If you have outstanding traffic tickets, you should settle them by the time of your interview for citizenship.