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goodlulck52

Should I ask questions during a K1 visa interview?

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Filed: K-1 Visa Country:
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Hi VJers: would it be a good idea  to ask questions during the K1 visa interview? Or should I just try to shut up and finish the interview ASAP in case of showing "wrong intentions" that could result in a visa application decline?

 

I asked about the same issue before, but now from a different angle... (Really not wanting to get my employer into trouble)

 

It is a little surprising to me that there is not an official answer about whether I can work remotely for a company in my home country during AOS while waiting for EAD. Recently I saw people waiting for over three months for EAD. My employer would be reluctant to let me be on leave for that long. So I am thinking about asking my interviewer during the K-1 interview...

 

Any thoughts?

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Filed: Citizen (apr) Country: Ecuador
Timeline

Thread is moved from the K-1 Process forum to the Embassy/Consulate forum -- topic involves the interview.

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01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.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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Filed: AOS (apr) Country: Norway
Timeline

If you want your interviewers subjective opinion, because that's all he can give you. There's no law/regulation that clearly states whether or not you can work remotely for a foreign company during the K1-to-EAD wait. It's all down to interpretation. Legally though, only a US company could get in trouble in the US for hiring someone without a US work permit.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Filed: K-1 Visa Country:
Timeline
24 minutes ago, A'n'L said:

If you want your interviewers subjective opinion, because that's all he can give you. There's no law/regulation that clearly states whether or not you can work remotely for a foreign company during the K1-to-EAD wait. It's all down to interpretation. Legally though, only a US company could get in trouble in the US for hiring someone without a US work permit.

Thanks! Appreciate your reply!

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Filed: K-1 Visa Country: Switzerland
Timeline
1 hour ago, goodlulck52 said:

Hi VJers: would it be a good idea  to ask questions during the K1 visa interview? Or should I just try to shut up and finish the interview ASAP in case of showing "wrong intentions" that could result in a visa application decline?

 

I asked about the same issue before, but now from a different angle... (Really not wanting to get my employer into trouble)

 

It is a little surprising to me that there is not an official answer about whether I can work remotely for a company in my home country during AOS while waiting for EAD. Recently I saw people waiting for over three months for EAD. My employer would be reluctant to let me be on leave for that long. So I am thinking about asking my interviewer during the K-1 interview...

 

Any thoughts?

Very bad idea.  As you fear, asking that question may open Pandora's box.  It is your future that is on the line, your employer isn't in danger of getting in trouble here.  The real issue here is how immigration officials interpret the rule, which in the end is the official answer.  And that is once you enter the US, especially with the intent of staying and becoming a resident, work is work.  Whether that work be from a foreign source or domestic.  So are you willing to take the chance of having your K-1 denied or your AOS?    

 

 

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Filed: K-1 Visa Country:
Timeline
9 hours ago, Cruise77 said:

Very bad idea.  As you fear, asking that question may open Pandora's box.  It is your future that is on the line, your employer isn't in danger of getting in trouble here.  The real issue here is how immigration officials interpret the rule, which in the end is the official answer.  And that is once you enter the US, especially with the intent of staying and becoming a resident, work is work.  Whether that work be from a foreign source or domestic.  So are you willing to take the chance of having your K-1 denied or your AOS?    

 

 

Thanks a lot! That is a good point. I will not take any chances of having my applications declined by actually or seemingly violating any laws or rules.

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