Independent Contractor (Freelance) While Submitting I-130/I-485

[Listen97 4]

Hello Everyone,

 

My girlfriend and I got engaged and married while she was visiting due to the current state of things in the world. I submitted our I-130 and I-485 concurrently yesterday and hopefully will hear back soon. She wants to work but I am unsure how that may impact the process, and don't want to file for the Work Permit as it will take half as long as the change of status and we have no guaranteed employment setup for her.

 

Before she came up she was working for three companies Freelance via remote teaching/tutoring Spanish and English to kids. The two of the companies were international (China and Japan) and hired her as a Colombian resident and pay her accordingly to a Colombian PayPal and Bank Account. The third was a US company who hired her under a W-8 non-resident independent contractor living in Colombia, but is now closed so we don't have to worry about that. She is still working for the other two companies but unsure if that is a good idea. She has also had few other tutoring companies have completed interviews due to her resume being out on job sites, but they are all declining once they know she is in processing, and they don't know or I guess can't hire her under a W-8.

 

I don't know if anyone has ever had a similar situation, but my question is simple should she stop working for the other companies, and stop talking to companies who may hire her under a W-8?

[Crazy Cat 42,033]

She is not authorized to work while she is inside the US until she receives an EAD......Here is an article you might want to read

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/#:~:text=There is one important carve,or Q nonimmigrant visa status.&text=F%2C J %26 Q nonimmigrants and,source income by doing so.

 

 

[Listen97 4]

1 minute ago, Lucky Cat said:

She is not authorized to work while she is inside the US until she receives an EAD......Here is an article you might want to read

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/#:~:text=There is one important carve,or Q nonimmigrant visa status.&text=F%2C J %26 Q nonimmigrants and,source income by doing so.

 

 

Thanks for that, kept searching and couldn't find the exact wording I was looking for. So you suggest she quit the two companies that she is currently working with to avoid any issues?

[Listen97 4]

Looking at the second lawyers answer seems like it may be OK but not advisable. He states that if the contract was written while in her country with an agreement to pay to their bank account not a US account that it should be OK. But it's really up to the courts that would have to decide.

 

I guess my question is during the AOS process at what time do they "investigate" employment or income from sources she may be associated with? I don't want to do anything illegal or that would hinder the process but she currently earns this income for her parents in Colombia and they use it for their livelihood.

[partyintheUSA 86]

5 hours ago, Listen97 said:

Looking at the second lawyers answer seems like it may be OK but not advisable. He states that if the contract was written while in her country with an agreement to pay to their bank account not a US account that it should be OK. But it's really up to the courts that would have to decide.

The 2nd lawyer also specifies: 

Quote

Before answering, assume the agreement specifies that the required activities will involve creating and saving work product, through the use of a web browser in “the cloud,” with the cloud’s servers located on foreign soil.

 

And then reframes the question (a great way to avoid admitting you're wrong!) at the end of the article. Personally would not want to risk my wife's citizenship on advice like that.

[Listen97 4]

12 hours ago, partyintheUSA said:

The 2nd lawyer also specifies: 

 

And then reframes the question (a great way to avoid admitting you're wrong!) at the end of the article. Personally would not want to risk my wife's citizenship on advice like that.

You're probably right better to be on the side of caution. We put that she currently has no job and only put her last employer in Colombia.

 

This is why I was curious and asked how detailed they look into possible work contracts, bank accounts, credit cards, PayPal, etc. and to see where the money goes. Example there is no proof of employment with the Chinese company she is tutoring Chinese kids with, and if the bank accounts were in her parents/sisters name how that would look?

 

When you tell a Colombian woman she can't work and can't send money to support her family and that I would send the money, it doesn't go over well. Took awhile to bring her back from tears, she just has a work ethic and commitment to her family you seldom see here in the US, and she doesn't want to sit around and do nothing and rely on my income to support "our" family in Colombia.

[partyintheUSA 86]

19 minutes ago, Listen97 said:

You're probably right better to be on the side of caution. We put that she currently has no job and only put her last employer in Colombia.

 

This is why I was curious and asked how detailed they look into possible work contracts, bank accounts, credit cards, PayPal, etc. and to see where the money goes. Example there is no proof of employment with the Chinese company she is tutoring Chinese kids with, and if the bank accounts were in her parents/sisters name how that would look?

 

When you tell a Colombian woman she can't work and can't send money to support her family and that I would send the money, it doesn't go over well. Took awhile to bring her back from tears, she just has a work ethic and commitment to her family you seldom see here in the US, and she doesn't want to sit around and do nothing and rely on my income to support "our" family in Colombia.

 

Great that she's a hard worker! That will serve her well for the rest of her life. But for now, she needs to wait until she can do so legally, or else she risks her US working/earning potential for the rest of her life. As long as she's mindful of the restrictions concerning unpaid volunteering, there's no shortage of people who need help, so it's not like she has to sit on the couch eating chocolates.

 

As far as USCIS forensic accounting goes, I'm not sure anyone on VJ knows the exact process (or else it would be totally compromised), but I would imagine that reporting income (taxes) when there shouldn't be any would raise a flag pretty quickly.

Edited September 10, 2020 by partyintheUSA

[HRQX 4,145]

5 hours ago, Listen97 said:

We put that she currently has no job

She is still working for the 2 companies. Thus, she must list them with correct dates. The form is signed under penalty of perjury.