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It's not a gray area. He's just providing an excuse since it's not a bar to AOS. Ask for it in writing that it's allowed because it's a family business and/or without a contract. ;)

How USCIS (or ICE) may discover unauthorized employment is irrelevant. Plus all employment needs to be reported on any forms when asked and in any interview if asked.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 minute ago, geowrian said:

It's not a gray area. He's just providing an excuse since it's not a bar to AOS. Ask for it in writing that it's allowed because it's a family business and/or without a contract. ;)

How USCIS (or ICE) may discover unauthorized employment is irrelevant. Plus all employment needs to be reported on any forms when asked and in any interview if asked.

That's right.  And omission is also lying. 

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5 minutes ago, stacyt said:

Yeah it's all messed up. meh.

It's not messed up at all.  It's the law.  It's quite simple.  It's black and white.  American citizen's come first, as they should.  You know the rules when you apply.  If I were you I would ditch the crappy lawyer you have.  One other thing you could do, at least in theory.  Have your fiance come and marry you in your country.  Then file a CR-1 visa.  Then you could start working for him or anyone within days of arriving.  You are trying to bend the rules in your favor and we all know what happens when people get caught doing this. 

Edited by David & Zoila
typo
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What I don't get is why someone would stick their head in a lions mouth knowing damn well you can loose it? A smart lawyer would advice against any such idea just to avoid dealing with possible consequences in the future, what lawyer says yeah go ahead and kill a guy we'll just convince the jury to let you off, makes no sense.

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Filed: AOS (pnd) Country: Ukraine
Timeline

Valid points, guys. Thanks, everyone! Haven't had a single day not working in many years, exploring all options :D

 

I did find some threads where people were working remotely for a foreign company or self-employed, paying taxes to their country, which made me think there may be workarounds. Opinions divide on those threads, but I guess it's clear what I should do

 

Thanks! 

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Filed: AOS (pnd) Country: Ukraine
Timeline
6 hours ago, StoneChild said:

What I don't get is why someone would stick their head in a lions mouth knowing damn well you can loose it? A smart lawyer would advice against any such idea just to avoid dealing with possible consequences in the future, what lawyer says yeah go ahead and kill a guy we'll just convince the jury to let you off, makes no sense.

 

10 hours ago, David & Zoila said:

It's not messed up at all.  It's the law.  It's quite simple.  It's black and white.  American citizen's come first, as they should.  You know the rules when you apply.  If I were you I would ditch the crappy lawyer you have.  One other thing you could do, at least in theory.  Have your fiance come and marry you in your country.  Then file a CR-1 visa.  Then you could start working for him or anyone within days of arriving.  You are trying to bend the rules in your favor and we all know what happens when people get caught doing this. 

I can't handle another year of being apart. If we weren't so far in the process, we would reconsider the visa type, and back when we did the research EAD was taking about 2-3 months which wasn't too bad. Now with 5+ months of waiting, it's gonna be really bad for my clients & my business but that's just how it goes. That is answering "why would someone..". Exploring my options. if I knew the answers and was clearly seeing how it's black and white, I wouldn't be posting here. Thanks!

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Not sure what kind of options you want to explore.  This is extremely straight forward- you cannot work until you receive EAD.  Doesn't matter if you "work" for your husband. You just sit tight and wait. That's the price of k1 visa and you need to accept it instead of trying to play the system. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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