Job change? Relocation? EAD?

[Rookey 0]

Hi all,

We've been lingering around here for a while, and doing what I suspect many people do when going through this process - checking the timelines religiously!

It's now come to the point where we have a bunch of questions prior to the interview stage, and just thought we'd ask here to see if anyone can help or guide in the right direction...

First question is regarding the affidavit of support. This process obviously takes quite a while to go through... if the petitioner changes job during the process, will this drastically affect the application outcome? Same question if it's involuntary (i.e. redundancy).

Second question is to do with marriage location. We are going through the K1 process to be together and to get married, but is it possible to get married outside of the US on the K1?

Third question - once married, are we then able to take our honeymoon abroad? We understand that there is a certain period where the applicant will be "land-locked", but does this happen once the AoS has been filed for? Would we need to file for parole? If so, how do we do this prior to AoS?

Fourth question is somewhat related to the first question actually... once we are finally together and married, in this example let's say we haven't filed for AoS yet, will we be able to move state? The reason it's somewhat linked to question 1 is it will then subsequently mean that the petitioner will have to change job.

Fifth and final question is to do with the applicant working prior to EAD. Is it possible, if the job is working remotely, to work on a "secondment" type of basis for the UK company, getting paid into a UK bank account, paying UK tax, etc and transferring funds (subject to normal fees and everything) to a US bank account?

Sorry to bombard everyone here in one big post/thread, I just thought it would be easier to consolidate the answers

Thanks!

David and Lindsey

Edited September 23, 2013 by Rookey

[Harpa Timsah 13,258]

You absolutely cannot get married anywhere else but the US. The K-1 is ONLY for marrying in the US. You must enter the US as a non-married person, and get married within 90 days of your arrival.

The K-1 is a one-time use visa and after use you are stuck in the US until you file for AOS and then receive Advance Parole or the GC. If you honeymoon abroad after marriage in the US, the foreigner will be stuck outside the US and you will have to pursue a spousal visa to return.

If you want to minimize this time, then marry soon after entry.

The K-1 is a non-immigrant visa which confers hardly any rights. Right to travel freely and work and live in the US is done through the Adjustment of Status process.

[Carla V 43]

1. In our case my now hubby change jobs during the last year so, for the interview he gave me three years of tax payments, plus his paystubs of the year.

2. K1 is to get marry in the US

3. You can file for the adjustment, permission to work and advance parole together, the permission to work and advance parole could take in average 3 or 4 months after filling... but a lot of people try to wait until they receive the residence card to travel. So the answer is after the marriage, no, you can't travel before obtaining at least your advance parole

4. You can move inside the US as much as you want, but when you do it let uscis know it so they send your paperwork to the address you will be.

5. That one would be better answered by someone from UK

[Rookey 0]

Thanks for the quick response both of you...

Harpa - whilst I understand you're saying the right to work and love etc is done through the AoS process... What I'm talking about with work is not necessarily the case as far as I can see. If I am working remotely for a UK company, paying UK taxes and getting paid in GBP, but the remote location is in the US... Is that legal?

Carla - thank you for the information. So when your hubby gave you his pay stubs etc, was that on request of the embassy or just to be safe? How well was that received in interview? Did you have to submit a new affidavit?

Thanks again everyone!

[GeeH 5]

Rookey for my interview I took a couple pay stubs, a letter from the employer (stating what he did and how much he earned) a W2 that he had from his work and a letter from the bank manager (This took a few hours to do, just call up the branch and ask them to do it) stating how much he had in his account at time and over the last 12 months. I had various but I think just a couple pay stubs and a tax transcript or W2 for the past year should be enough. You might have issues in the future for AOS as they then require a lot more evidence (2-3 years transcripts etc)

I don't think a change of job will be an issue, but maybe the bank managers letter would be good if he has a decent amount of money in it? Mine had a large amount in due to saving money to buy us a place so that looked good.

Moving state won't affect anything but definitely make sure to notify USCIS and the Service Centre that you have changed your address because all your information for your A number, which you were given when your petition was approved, would be logged under your current address.

As for working for a Uk company and getting paid etc, I don't know either. I think it's a large grey area. I have a limited company in the UK which I work as a sole trader (contractor). I won't be doing work while I'm over but I have some clients who I still consult and I pay myself a salary from it, even if I haven't done any work. I have a UK accountant and I pay corporation tax etc... I will keep looking into it, but I have seen a couple people here who did 'self-sponsor' so they produced their own savings account/P60 information etc and it seemed to be OK. But guess it's not the same thing. If I come up with anything i'll let you know.

When is your interview?

[GeeH 5]

http://www.visajourney.com/forums/topic/408344-working-for-a-british-company-while-living-in-the-states/page-2 I just found this thread. Like I thought it's a grey area for now but will be worth keeping an eye out for.

[Harpa Timsah 13,258]

Thanks for the quick response both of you...

Harpa - whilst I understand you're saying the right to work and love etc is done through the AoS process... What I'm talking about with work is not necessarily the case as far as I can see. If I am working remotely for a UK company, paying UK taxes and getting paid in GBP, but the remote location is in the US... Is that legal?

Carla - thank you for the information. So when your hubby gave you his pay stubs etc, was that on request of the embassy or just to be safe? How well was that received in interview? Did you have to submit a new affidavit?

Thanks again everyone!

It is sort of a grey area on that. I wasn't replying to the foreign income aspect, just trying to make sure you know what you are getting in to. K-1 is kind a sucky visa with a lot of rules and little protection. It just sounded like you weren't clear on what you are getting into, with the questions about where can I marry and where can I go on a honeymoon.

Must marry in US, cannot get a Driver's License, cannot work, cannot travel abroad, one-time use visa. That is all temporary and once you file AOS things will start to work better, but plan for being stuck for a little while.

You will be approved for travel work permission three months from when you file for AOS. The travel and work permissions are filed for with the AOS packet. They are meant as a stop-gap measure in case the GC takes a while. The GC, once obtained, gives you the right to work and travel by itself. AOS is $1070, in case you didn't know.

For a honeymoon, you can travel in the US or wait until you have your travel permission. Hawaii is beautiful, I hear.

For your financial questions, the USC will need to submit evidence of support to get the K-1 visa. Then the USC will need to do that again on a different but similar form for AOS. For AOS, the sponsor needs to be qualified at the time of application and at the time of approval. You can move within the US freely. Good luck.

[Nich-Nick 3,354]

First question is regarding the affidavit of support. This process obviously takes quite a while to go through... if the petitioner changes job during the process, will this drastically affect the application outcome? Same question if it's involuntary (i.e. redundancy).

Your affidavit of support is not submitted until you walk in the embassy to interview in London and turn it in. So the long processing time doesn't really play a part in that. If the petitioner had no job at the point of interview, then you would need somebody else to agree to sponsor.

Second question is to do with marriage location. We are going through the K1 process to be together and to get married, but is it possible to get married outside of the US on the K1?

No. The scenario you describe:

Enter on K1> Leave the US to marry> Denied entry to return to US> go back to UK to start over for a spouse visa.

Third question - once married, are we then able to take our honeymoon abroad? We understand that there is a certain period where the applicant will be "land-locked", but does this happen once the AoS has been filed for? Would we need to file for parole? If so, how do we do this prior to AoS?

No honeymoon abroad. Good reasons given above by others.

Fourth question is somewhat related to the first question actually... once we are finally together and married, in this example let's say we haven't filed for AoS yet, will we be able to move state? The reason it's somewhat linked to question 1 is it will then subsequently mean that the petitioner will have to change job.

Yes you can move. There is a form to send the government each time you move as long as you are an alien....non-citizen.

Fifth and final question is to do with the applicant working prior to EAD. Is it possible, if the job is working remotely, to work on a "secondment" type of basis for the UK company, getting paid into a UK bank account, paying UK tax, etc and transferring funds (subject to normal fees and everything) to a US bank account?

That is a very gray area not clearly spelled out in law. I have seen qualified immigration attorneys giving sincere interpretations, quoting law and what they think it means, and as many say "yes you can" as say "no you can't". Take your pick. Nobody is likely to investigate you in the short time before you get work authorization.

Are you sure a K1 visa is what you want? If you want to marry and honeymoon abroad, why not do that, the apply for a spouse visa. It would also solve your work issue because the beneficiary is authorized to work in the US from the day they enter. There is no adjustment of status for a spouse visa. You are a permanent resident the day you enter.