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ProbeGT

AOS and "non-work" income (stocks, etc)

By ProbeGT in Adjustment of Status from Work, Student, & Tourist Visas

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ProbeGT Enthusiast

ProbeGT   47

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Currently going through the AOS process (from A2 visa).  Since there is no EAD card yet, work is out of the question.  Are other forms of income (not "work" technically) allowed?  For example, buy/sell stocks, sell things on eBay, Amazon, Etsy?  I believe that these only give a 1099 (1099-INT, 1099-B, 1099-DIV).  Stock buying/selling would be occasional, not day trading.

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

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payxibka Grand Master

payxibka   10,045

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Filed: AOS (apr) Country: Philippines
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12 minutes ago, ProbeGT said:

Currently going through the AOS process (from A2 visa).  Since there is no EAD card yet, work is out of the question.  Are other forms of income (not "work" technically) allowed?  For example, buy/sell stocks, sell things on eBay, Amazon, Etsy?  I believe that these only give a 1099 (1099-INT, 1099-B, 1099-DIV).  Stock buying/selling would be occasional, not day trading.

Capital gains (losses) are not includable income 

 

Passive income (dividends or interest) can be

YMMV

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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21 minutes ago, ProbeGT said:

Currently going through the AOS process (from A2 visa).  Since there is no EAD card yet, work is out of the question.  Are other forms of income (not "work" technically) allowed?  For example, buy/sell stocks, sell things on eBay, Amazon, Etsy?  I believe that these only give a 1099 (1099-INT, 1099-B, 1099-DIV).  Stock buying/selling would be occasional, not day trading.

Work is not defined as receiving a W-2......Work compensation can come in many forms. 

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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ProbeGT Enthusiast

ProbeGT   47

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So what if I sold my house and moved?  If my house's value has increased, then I will (in many cases) have to pay some type of capital gains.  Could that be looked at negatively as well?

DISCLAIMER:

NOT A LAWYER.  ADVICE IS GENERAL IN NATURE.  CONSULT AN EXPERIENCED IMMIGRATION ATTORNEY (OR MULTIPLE ATTORNEYS) REGARDING YOUR SPECIFIC CASE.

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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1 hour ago, ProbeGT said:

So what if I sold my house and moved?  If my house's value has increased, then I will (in many cases) have to pay some type of capital gains.  Could that be looked at negatively as well?

That would not be considered work if it was your residence.  If you were flipping real estate, that would be different.

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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igoyougoduke Experienced

igoyougoduke   1,656

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Filed: Lift. Cond. (apr) Timeline
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26 minutes ago, ProbeGT said:

Currently going through the AOS process (from A2 visa).  Since there is no EAD card yet, work is out of the question.  Are other forms of income (not "work" technically) allowed?  For example, buy/sell stocks, sell things on eBay, Amazon, Etsy?  I believe that these only give a 1099 (1099-INT, 1099-B, 1099-DIV).  Stock buying/selling would be occasional, not day trading.

if you are selling things on ebay , amazon to make profit as a business you are breaking the rules 

duh

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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Earning income is not prohibited.

Say you went to the casino and won $1 million while on a tourist visa. This is taxable income, but it is not a violation of status.

Selling some personal items on Amazon/eBay/Etsy would not be an issue either. Reselling items on those same platforms would be (buying items with the intent to sell at a profit).

Earning interest is not employment either.

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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Brookeandluuk Apprentice

Brookeandluuk   7

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Filed: K-1 Visa Country: Netherlands
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On 7/10/2020 at 3:38 PM, Lucky Cat said:

That would not be considered work if it was your residence.  If you were flipping real estate, that would be different.

So flipping a house while waiting on AOS would be considered a way to make profit and is therefore a immigration violation and can cause trouble on the long run? 

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Crazy Cat Grand Master

Crazy Cat   41,836

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Filed: Citizen (apr) Country: Taiwan
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3 hours ago, Brookeandluuk said:

So flipping a house while waiting on AOS would be considered a way to make profit and is therefore a immigration violation and can cause trouble on the long run? 

Flipping houses as a business would be work, imo.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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