Can I be self employed before my AOS comes through

[mantroon 0]

Hi,

This may be a bit of a newbie question but here goes:

So I moved to the US on 4th March under a K1, got married on 16th March. Currently we are waiting on the AOS to come through (I just completed my biometrics).

By trade, I am a freelance web and graphic designer.

Is it possible for me to set up shop and start doing business here in the US, or should I wait until my AOS comes through? Currently, I do not have a SSN.

[Harpa Timsah 13,258]

Not legally, no.

[mantroon 0]

Not legally, no.

I thought that would be the case, thanks for confirming

[aaron2020 11,651]

You cannot work even in your own business without work authorization.

To legally work in the US, you must have some firm of work authorization.

[newacct 688]

But then, why does it matter?

Unauthorized work will not affect their AOS application anyway since they are an immediate relative of a U.S. citizen.

[Darnell 8,479]

when you filed for AOS, did you include the form for EAD?

if so, then you can do stuff after EAD in hand, SSN in hand, prior to greencard in hand.

Edited July 15, 2013 by Darnell

[mantroon 0]

when you filed for AOS, did you include the form for EAD?

if so, then you can do stuff after EAD in hand, SSN in hand, prior to greencard in hand.

No, finances wouldn't stretch to that.

[newacct 688]

No, finances wouldn't stretch to that.

What does that mean? It's free to apply for EAD and Advance Parole as an AOS applicant.

[KayDeeCee 4,896]

What does that mean? It's free to apply for EAD and Advance Parole as an AOS applicant.

Exactly. The fees for the EAD and AP forms are waived when filed with a pending I-485. The fee for AOS is $1070 with or without those forms. You can still file for them, just include the I-797C receipt notice from filing the I-485.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131. You may file these forms together. If you choose to file the I-765 and/or I-131 separately after July 30, 2007, you must also submit a copy of your I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

You can also use the EAD to obtain an SSN.

[mantroon 0]

OK, I was under the impression (given to me by another British person who moved to America prior to 2007 it seems) that the EAD would be extra, that I could file for an EAD while my AOS was being processed, but I would have to pay the fee.

We got charged $425 for filing the I130, which ruled out filing for the EAD at the same time.

Why do I get the horrible feeling I have been going off bad information?

Edited October 21, 2013 by mantroon

[KayDeeCee 4,896]

OK, I was under the impression (given to me by another British person who moved to America prior to 2007 it seems) that the EAD would be extra, that I could file for an EAD while my AOS was being processed, but I would have to pay the fee.

We got charged $425 for filing the I130, which ruled out filing for the EAD at the same time.

Why do I get the horrible feeling I have been going off bad information?

It was definitely bad. Someone adjusting from a K-1 does not file an I-130.

[mantroon 0]

It was definitely bad. Someone adjusting from a K-1 does not file an I-130.

Out of curiousity, would they have sent our application back if the I130 wasn't necessary?

Edited October 21, 2013 by mantroon

[KayDeeCee 4,896]

No, sorry. You wasted $420. It was not necessary. You were eligible to file for AOS based on your approved I-129F petition and getting married within 90 days of entry with the K-1. It would have been best for you to read through and follow the current I-485 instructions and AOS guide(http://www.visajourney.com/content/k1k3aos) here on VJ rather than listening to what someone else told you was 'correct'.

[mantroon 0]

Well, just got off the phone with USCIS, they said I would have to pay the fee :/