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mty28

Working remotely while waiting for authorization

By mty28 in Working & Traveling During US Immigration

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mty28 Newbie

mty28   0

Posted
Timeline
Posted

My boyfriend and I are looking into the K-1 and we’re trying to figure out if I can still work remotely for my Canadian company in the US after we get married and while waiting for work authorization. Would anyone know? 
 

Additionally trying to figure out how to file taxes as a joint couple if I’m making money in Canada and not the US. 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Entirely remote work for a foreign company is a gray area. it is a cross between immigration law and tax law that has not been settled to date. You can ask 10 different people and get several different answers.

 

Even if it is permitted and you do it, you would need to file US taxes on the income. Seek a CPA if necessary for how to handle domestic + international taxes and avoid double taxation.

Filing jointly would be separate from where you earn your income - an SSN or ITIN is required to file jointly (you can get an SSN shortly after arrival on a K-1, up to and including day 76 after POE).

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

 

Ryan H Grand Master

Ryan H   3,819

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

  • 3 weeks later...
soco Explorer

soco   99

Posted
Filed: Lift. Cond. (pnd) Country: Romania
 Timeline
Posted

I have spoken to two immigration lawyers who have both agreed that this is legal. This is more specifically what we were told. 

 

 1. Since (my fiancee) has authorization to work in Romania, her continued employment in a Romania-based office, with her Romanian salary, should not be a problem in her immigration process in the U.S., as long as the employer permits it. 
 
2. Any person employed in the United States should have employment authorization. Accepting unauthorized employment can cause an individual to become ineligible for adjustment of status (greencard). However, immediate relatives (including spouses of U.S. citizens) are exempt from this bar. So, since (my fiancee) will be the spouse of a U.S. citizen at the time she applies for her greencard, she will not be barred from obtaining her greencard, even if she accepts unauthorized employment. 
 
I specifically mentioned to the lawyers I don't want to create new case law and I want to be safe with whatever we do. My fiancee doesn't need to work. But that is what two independent immigration lawyers have said to me.

Removal of Conditions:

Nebraska Service Center

File Date - January 17, 2023

Package Delivered - January 19, 2023

NOA Date - January 24, 2023

NOA Received - January 27, 2023

Biometrics Waived- January 31, 2023

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Legality is the gray area - there are other immigration lawyers that argue the opposite conclusion as to if it is actually legal or not.

 

It not being a bar is an irrelevant factor - only legal options are condoned on this website.

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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