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Kate33

Working as consultant/independent contractor with K1 during AOS

By Kate33 in Working & Traveling During US Immigration

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Kate33 Rookie

Kate33   4

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Filed: Citizen (apr) Country: United Kingdom
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Hi,

I am currently resident in the UK, but will be going out to join my fiance in the US once (fingers crossed) our K-1 visa has been approved. (We just got our NOA2). I am a freelance researcher, currently contracted as a consultant by an NGO based in the US. It doesn't matter to them where in the world I am, as long as I am connected to the internet and deliver the work.

Will I be able to continue my work once I'm in the US, waiting for my AOS/employment authorisation - as at that time I will still be officially resident in the UK, and being paid into my UK bank account (and therefore will pay UK taxes on the income)?

Thanks for any advice,

Kate

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Nich-Nick Grand Master

Nich-Nick   3,354

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Filed: Citizen (apr) Country: United Kingdom
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That's a very gray area that I have never seen clearly outlined in official US government publications. I have read opinions on it by a group of immigration lawyers...some giving good arguments for yes and others for no, based on their interpretation of what the government has said. I think your chances of being called out for it would be slim, but that is a decision you are going to have to make yourself because even trained experts will give you different answers.

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Kate33 Rookie

Kate33   4

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Thanks a lot Nich-Nick. I thought that might be the case...grey areas make me nervous but it feels silly to give up a the contract (& income) unless strictly necessary! Hmmm.

Cheers,

Kate

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  • 4 years later...
HillaryJ Newbie

HillaryJ   0

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Hi Kate33,

 

I currently have the exact same question about working as a remote consultant while awaiting work authorization after getting married in the US on a K1 visa. What did you end up doing? If you did continue your work, did it ever come up as an issue in the work permit/green card process?

I know this is a grey area so I'm hesitant to hire a lawyer and then still not have a clear answer. 

 

Thanks!

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  • 2 weeks later...
TBoneTX Grand Master

TBoneTX   45,298

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Filed: Citizen (apr) Country: Ecuador
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Thread from 2013 is now closed to further comment.

The OP hasn't logged on to VJ for many months, so maybe send her a personal message to see if it draws a response.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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