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K1 Holder Telework Overseas while waiting for EAD?

By HKUSA in Working & Traveling During US Immigration

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HKUSA Apprentice

HKUSA   5

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Hi guys,

 

Question, can a K1 holder once they enter the US and get married work their old job overseas by telework while we wait for the EAD and AP auth? It would be paid overseas by a foreign employer. Is that allowed as they're technically not taking any American job?

 

Thanks in advance!

JennaL Explorer

JennaL   151

Posted
Filed: AOS (pnd) Country: Norway
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Posted
1 hour ago, HKUSA said:

Hi guys,

 

Question, can a K1 holder once they enter the US and get married work their old job overseas by telework while we wait for the EAD and AP auth? It would be paid overseas by a foreign employer. Is that allowed as they're technically not taking any American job?

 

Thanks in advance!

It looks like a bit of a grey area, but below is a thread you can read through for other similar situations:

 

 

I-129F Sent: 12/29/17

I-129F NOA 1: 1/4/18

I-129F NOA 2: 7/9/18

NVC Received: 7/18/18

Consulate Received: 8/9/18

Packet 3 Received: 8/13/18

Interview Date: 9/20/18

Interview Result: Administrative Processing

 

*Visitor's visa interview: December 2016, called back by embassy for second interview on same visa application in January 2019 - visitor's visa finally issued May 2019.

 

*Fiance visa placed in administrative processing September 2018. 

 

*Beneficiary's Country: Norway via Iran.

debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

its a very gray area ...

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

JFH Grand Master

JFH   12,191

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

*~*~*moved to “working and traveling”*~*~*

 

Its a very great area and the way I interpret the rules it is not permitted. Why even risk it? If there’s even the slightest element of doubt that it’s permitted, is it worth screwing up your immigration journey? If working immediately is important to you, the K-1 is not the right visa for you. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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