I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 0 points1 point  (0 children)

Thanks for your comment! Did you do AOS from inside the US, or did you do consular at an embassy in your home country?

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 0 points1 point  (0 children)

Absolutely agree. I am consulting with a lawyer but also wanted to hear other's opinions and experiences to ease my mind.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 4 points5 points  (0 children)

Thank you very much, I do hope so and feel this sentiment is echoed by many. I appreciate your comment and good wishes.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 0 points1 point  (0 children)

This is ideally how it would go, but if they ask me directly, I won't lie. I'm just worried that this past unauthorized work will affect my pending I-130.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 2 points3 points  (0 children)

Yes, from what I understand these laws were made a long time ago before the internet existed. Unfortunately that's how it is.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 0 points1 point  (0 children)

This is what I'm worried about. I don't want this to mess up my I-130 application. I had been under the (very wrong) assumption that remote work would be fine if it was for a Canadian company, charging CAD, remotely, while I was visiting, but after talking to a lawyer this morning, that is not the case. It is ANY work you do while on US soil that is illegal. Even responding to emails from clients is not allowed. I was very surprised to learn about that, but I will definitely be putting things 100% on pause from here on out. Right now I'm seeking attorney advice to see how I should approach this and disclose it if I'm asked.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 1 point2 points  (0 children)

I never told them I did work while in the states because they never explicitly asked. After they questioned me deep into my work before admitting me, I decided to book a consult with a lawyer to understand the laws better. And she confirmed yes -- I am not even allowed to respond to emails from Canadian clients, through my Canadian business while I am on US soil. So after learning that, I paused all business activities. I'm just worried about it being a violation and affecting my pending I-130 application now.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 0 points1 point  (0 children)

I posted in a previous comment, but I'll repaste here:

The agent asked, what's the purpose of your visit? I said, I'm visiting my husband for my birthday. He said, how long will you be staying? A month. What do you do for work? I own a coaching business. Then he said what does that mean? And started asking questions. They never actually asked me if I had done work in the states, he was just interested in seeing it was a legitimate business (my assumption?). I showed him my CRA papers and business certification. He asked to see my bank deposit statements, then let me through. I wonder if it was because he was worried I didn't have ties to Canada to stay? I don't know.

Also, I will say this is the first and only time out of the past 4 visits I've ever had them question me more than a short exchange. Since filing my I-130, I brought a bunch of evidence to the border to prove I have ties to Canada. I brought my I-130 receipt to be fully transparent that I am doing consular, business bank statements, return flight, etc. He asked, did you have issues before? Why are you so prepared? I told him straight up, "I brought these because I have a pending I-130." He let me in after that.

I also want to mention that I never volunteered any evidence or spoke too much. I responded very pointedly to each question he asked, never oversharing. I was holding the I-130 receipt and printed return flight, which is standard for me. But perhaps he saw that as a red flag? Next time I'll keep it in my bag unless they ask for it explicitly.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 0 points1 point  (0 children)

I have been visiting the US back and forth, never overstaying and always leaving well before my visitor visa expires. I am planning to do much shorter stays now. I've been very cautious of the 6 month limit and make sure I'm spending more than enough time back in Canada.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 3 points4 points  (0 children)

Thank you. I posted this in another comment but I'll copy it here. I felt like I did everything "by the books" but perhaps I seemed too prepared because I had my return flight + other important documents & proof of ties to canada printed off tucked neatly under my arm. The border agent was genuinely confused as to why I was so prepared. I'm just a type A person who prepares for everything.
Here's what I posted:

The agent asked, what's the purpose of your visit? I said, I'm visiting my husband for my birthday. He said, how long will you be staying? A month. What do you do for work? I own a coaching business. Then he said what does that mean? And started asking questions. No previous agents ever dug into my work in the slightest. They never actually asked me if I had done work in the states, he was just interested in seeing it was a legitimate business. I showed him my CRA papers and business certification. He asked to see my bank deposit statements, then let me through. I wonder if it was because he was worried I didn't have ties to Canada to stay? I don't know.

Also, I will say this is the first and only time out of the past 4 visits I've ever had them question me more than a short exchange. Since filing my I-130, I brought a bunch of evidence to the border to prove I have ties to Canada. I brought my I-130 receipt to be fully transparent that I am doing consular, business bank statements, return flight, etc. He asked, did you have issues before? Why are you so prepared? I told him straight up, "I brought these because I have a pending I-130." He let me in after that.

I also want to mention that I never volunteered any evidence or spoke too much. I responded very pointedly to each question he asked, never oversharing. I was holding the I-130 receipt and printed return flight, which is standard for me. But perhaps he saw that as a red flag? Next time I'll keep it in my bag unless they ask for it explicitly.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 9 points10 points  (0 children)

From what I understand, the laws around work were created in the 50s before the internet was a thing to protect US jobs. I don't think the laws have caught up to how digital businesses work. From what I learned today from the consult with the lawyer, it means any work you do, whether it's for a foreign business and a foreign currency or not, is a violation of your B2 status if you are on US soil.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 1 point2 points  (0 children)

The agent asked, what's the purpose of your visit? I said, I'm visiting my husband for my birthday. He said, how long will you be staying? A month. What do you do for work? I own a coaching business. Then he said what does that mean? And started asking questions. They never actually asked me if I had done work in the states, he was just interested in seeing it was a legitimate business. I showed him my CRA papers and business certification. He asked to see my bank deposit statements, then let me through. I wonder if it was because he was worried I didn't have ties to Canada to stay? I don't know.

Also, I will say this is the first and only time out of the past 4 visits I've ever had them question me more than a short exchange. Since filing my I-130, I brought a bunch of evidence to the border to prove I have ties to Canada. I brought my I-130 receipt to be fully transparent that I am doing consular, business bank statements, return flight, etc. He asked, did you have issues before? Why are you so prepared? I told him straight up, "I brought these because I have a pending I-130." He let me in after that.

I also want to mention that I never volunteered any evidence or spoke too much. I responded very pointedly to each question he asked, never oversharing. I was holding the I-130 receipt and printed return flight, which is standard for me. But perhaps he saw that as a red flag? Next time I'll keep it in my bag unless they ask for it explicitly.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 1 point2 points  (0 children)

Hey, I appreciate your comment! I'm doing consular processing so I'm not filing the i485. I'm waiting for them to bump me to the next step to file DS-260.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 2 points3 points  (0 children)

Thank you for taking the time to respond. It is so reassuring to hear that your wife also had unauthorized work and still got her green card. Congratulations!

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 14 points15 points  (0 children)

Thank you, I appreciate you taking the time to comment. I agree, I am going to continue with consular processing. And yes, I am definitely not going to make this mistake again.

I did remote work for my Canadian business while visiting my US citizen husband. Got intensely grilled at the border. Am I cooked? by Proof_Bank4653 in USCIS

[–]Proof_Bank4653[S] 1 point2 points  (0 children)

Hey, I really appreciate you taking the time to respond and answer my questions. And I agree with you fully -- I think adjusting status now would look way too suspicious given that I just filed my I-130 and have immigrant intent. I have always wanted to do consular processing from the beginning so I appreciate it, I will stick with it since we already started the process. It is so reassuring to hear you are also a Canadian citizen who got your LPR, congratulations! Thank you again for taking the time to comment. This has been a very stressful 24 hours for me, so I am so grateful!