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TinNhi

Vietnamese Fiance is a Freelancer for a U.S. company. What documentation is needed?

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Filed: AOS (pnd) Country: Vietnam
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Hi all,

 

My Fiance in Vietnam has been a Freelance worker for a U.S. company for 1 year now.    Although technically a freelancer, her schedule and hours are equivalent to a full-time worker in the U.S. 

 

For the K1 interview (and beyond), what documentation and information does she need to request of her boss?  (Founder/CEO)

 

Letter of employment with company letterhead?  Her PayPal records showing her steady monthly payments from the company's PayPal account?

 

Thanks!
 

Tin - Natural-born U.S. Citizen, Male, Vietnamese descent

Nhi - Vietnamese Citizen, Female

Met in 2018 while Tin was on a 3 month family vacation in Vietnam.  Tin took another 3 month vacation to be with Nhi in 2019.

I-129F (K1) mailed in December 2019

NOA1 in January 2020

NOA2 in June 2020

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Income records / employment verification letters are not needed for the K1 interview.   If the I-944 or similar comes back then those documents can be helpful.  

 

Her income would only matter if you were doing a spousal visa and her employment with the US Company were to continue.  Then that income might be included on the I-864.   

 

If she is expecting to continue to work / work for a US Company without an EAD then she has other issues that the two of you may want to consider.

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3 hours ago, TinNhi said:

Hi all,

 

My Fiance in Vietnam has been a Freelance worker for a U.S. company for 1 year now.    Although technically a freelancer, her schedule and hours are equivalent to a full-time worker in the U.S. 

 

For the K1 interview (and beyond), what documentation and information does she need to request of her boss?  (Founder/CEO)

 

Letter of employment with company letterhead?  Her PayPal records showing her steady monthly payments from the company's PayPal account?

 

Thanks!
 

May want to consider a spousal visa, otherwise there will be a gap in her employment.  EADs are currently taking about eight months.

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Filed: Citizen (apr) Country: Haiti
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3 hours ago, TinNhi said:

Hi all,

 

My Fiance in Vietnam has been a Freelance worker for a U.S. company for 1 year now.    Although technically a freelancer, her schedule and hours are equivalent to a full-time worker in the U.S. 

 

For the K1 interview (and beyond), what documentation and information does she need to request of her boss?  (Founder/CEO)

 

Letter of employment with company letterhead?  Her PayPal records showing her steady monthly payments from the company's PayPal account?

 

Thanks!
 

When she completes the Ds-160 she will list her current job but other than that she doesn’t need any other job related info. You as the sponsor need to show that. Also once she arrives to the US she can’t continue working for that job until she has an EAD which can take upwards of a year.

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Filed: K-1 Visa Country: Wales
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Ia hwe intent to resume employment when she is able to?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: IR-1/CR-1 Visa Country: Vietnam
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13 hours ago, Jorgedig said:

May want to consider a spousal visa, otherwise there will be a gap in her employment.  EADs are currently taking about eight months.

That's a good point.  Does she have to stop working when she arrives in the US even though she has been working for them for a year?  I don't know.

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9 minutes ago, Stein said:

That's a good point.  Does she have to stop working when she arrives in the US even though she has been working for them for a year?  I don't know.

An EAD is required to work for a US Employer.   

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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1 hour ago, Stein said:

That's a good point.  Does she have to stop working when she arrives in the US even though she has been working for them for a year?  I don't know.

Yes.  She is not permitted to do paid work within the US (even remote work, regardless of the employer) without an EAD.

1 hour ago, Paul & Mary said:

An EAD is required to work for a US Employer.   

Or remotely while in the US,  for a foreign employer.

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