Middle area between K-1 expiry and AOS

[SterlingGirl 1]

Just curious - but say you have to file for AOS (as in physically send off the paperwork) with only a couple of weeks until the 90-day expiry point for the I-9 occurs. In the next few months, USCIS will be processing the AOS, past when those 90 days after POE are up. What legally allows an intending immigrant to stay in the country between those two points?

I ask because I would like to file my taxes for this tax year so that I can send them off to USCIS, since my 2007 tax return isn't going to work, and my spouse is able to use his income to contribute to the total household income (he has the same job now as he had before he left England, and will continue to have it for as long as he is welcome with the company). He entered on 11/23/08, his I-9 expires 2/22/09. Say we technically had to wait until about January 31st to file for AOS. Have there ever been any problems with that gap between when his 90 days end, and his conditional permanent residence begins?

[Old Dominion 26]

The fact that you have applied for AOS (and have the NOA to show for it) means that he is still legally in the U.S. for as long as the application is being processed. It can take up to nine months to get the GC, but so long as the application is pending, it's OK.

[pushbrk 13,024]

Just curious - but say you have to file for AOS (as in physically send off the paperwork) with only a couple of weeks until the 90-day expiry point for the I-9 occurs. In the next few months, USCIS will be processing the AOS, past when those 90 days after POE are up. What legally allows an intending immigrant to stay in the country between those two points?

I ask because I would like to file my taxes for this tax year so that I can send them off to USCIS, since my 2007 tax return isn't going to work, and my spouse is able to use his income to contribute to the total household income (he has the same job now as he had before he left England, and will continue to have it for as long as he is welcome with the company). He entered on 11/23/08, his I-9 expires 2/22/09. Say we technically had to wait until about January 31st to file for AOS. Have there ever been any problems with that gap between when his 90 days end, and his conditional permanent residence begins?

Does your husband have EAD? If so, when does it expire. I-9's don't expire. I think you mean I-94.

[SterlingGirl 1]

Just curious - but say you have to file for AOS (as in physically send off the paperwork) with only a couple of weeks until the 90-day expiry point for the I-9 occurs. In the next few months, USCIS will be processing the AOS, past when those 90 days after POE are up. What legally allows an intending immigrant to stay in the country between those two points?

I ask because I would like to file my taxes for this tax year so that I can send them off to USCIS, since my 2007 tax return isn't going to work, and my spouse is able to use his income to contribute to the total household income (he has the same job now as he had before he left England, and will continue to have it for as long as he is welcome with the company). He entered on 11/23/08, his I-9 expires 2/22/09. Say we technically had to wait until about January 31st to file for AOS. Have there ever been any problems with that gap between when his 90 days end, and his conditional permanent residence begins?

Does your husband have EAD? If so, when does it expire. I-9's don't expire. I think you mean I-94.

Yes, I did mean I-94, apologies.

He has the temp EAD, yes, and we'll be applying for a permanent one when we adjust his status. I know there might be a small risk there, but he's an independent contractor for a website, so I doubt we'll have the problems someone would have with a typical wage-earning job if there's a gap between the temp EAD expiring and his permanent one kicking in.

[Old Dominion 26]

Just curious - but say you have to file for AOS (as in physically send off the paperwork) with only a couple of weeks until the 90-day expiry point for the I-9 occurs. In the next few months, USCIS will be processing the AOS, past when those 90 days after POE are up. What legally allows an intending immigrant to stay in the country between those two points?

I ask because I would like to file my taxes for this tax year so that I can send them off to USCIS, since my 2007 tax return isn't going to work, and my spouse is able to use his income to contribute to the total household income (he has the same job now as he had before he left England, and will continue to have it for as long as he is welcome with the company). He entered on 11/23/08, his I-9 expires 2/22/09. Say we technically had to wait until about January 31st to file for AOS. Have there ever been any problems with that gap between when his 90 days end, and his conditional permanent residence begins?

Does your husband have EAD? If so, when does it expire. I-9's don't expire. I think you mean I-94.

Yes, I did mean I-94, apologies.

He has the temp EAD, yes, and we'll be applying for a permanent one when we adjust his status. I know there might be a small risk there, but he's an independent contractor for a website, so I doubt we'll have the problems someone would have with a typical wage-earning job if there's a gap between the temp EAD expiring and his permanent one kicking in.

What you are saying is that he might not get caught, right?

[SterlingGirl 1]

What you are saying is that he might not get caught, right?

No, actually, what I'm saying is that he can more or less pick up or put down the job at will. So if there's a disparity between when the temp EAD ends and the permanent one begins, the guy who runs the website will simply defer his payment of commission and bonuses until he's legal again.

[melusine 5]

if he is working for a UK company in UK (but beeing in US, working at distance) I don't think there is a problem.

someone...confirm..

[Martin&Nat 0]

if he is working for a UK company in UK (but beeing in US, working at distance) I don't think there is a problem.

someone...confirm..

I do the same, and can't see it being an issue. As far as I am concerned, I am a UK citizen working for a UK company and paying UK tax. I am not a US resident or citizen, so US employment law shouldn't be an issue.

- Martin

[SterlingGirl 1]

if he is working for a UK company in UK (but beeing in US, working at distance) I don't think there is a problem.

someone...confirm..

I do the same, and can't see it being an issue. As far as I am concerned, I am a UK citizen working for a UK company and paying UK tax. I am not a US resident or citizen, so US employment law shouldn't be an issue.

- Martin

This is not his situation. At the time most of the money was made, he was a UK citizen (and still is) earning money on UK soil for a US-based internet company (based out of Miami, FL). Which I suppose is closer to outsourcing, really. However, a lot of his money got deferred to me via PayPal. I'm intending to pay taxes on it, but I want it to be recognized as HIS money from his job.

[payxibka 10,047]

if he is working for a UK company in UK (but beeing in US, working at distance) I don't think there is a problem.

someone...confirm..

I do the same, and can't see it being an issue. As far as I am concerned, I am a UK citizen working for a UK company and paying UK tax. I am not a US resident or citizen, so US employment law shouldn't be an issue.

- Martin

You may not be a US resident for immigration purposes, but the IRS has a different definition of who is or could be a US taxpayer....