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Dane78

I-485 question

By Dane78 in Adjustment of Status from Work, Student, & Tourist Visas

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Dane78 Newbie

Dane78   0

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Hi, I have a question regarding filing the I-485.
My wife is a US citizen, and I am a Danish citizen, we got married in august 2018, and she moved to Denmark where we have been residing until she moved back here in December 2020 due to her mother being ill. 
We filed an I-130 online from Denmark for consular processing in October 2020 since we found out we wanted to live in the US instead of Denmark, mostly due to her missing it too much, it hasn't been processed yet.

I was visiting with her from mid December until mid January, and went back to Denmark, I missed her too much so I came back start February, and last week we started talking about the possibility of me staying in the US permanently instead of going back to Denmark to wait for the consular processing to complete.
I started reading up on rules and so forth, and as far as I can see, since she is a citizen and I entered on the Visa Waiver Program, we should be able to file the I-485 legally, instead of me going back to Denmark. Are we correct in this assumption?
And a second question, is it legal for me to work remotely for a company in Denmark while waiting for a work permit if we can do the immigration this way? I know it's legal while visiting, but not sure in this regard.

 

Thanks in advance.

SteveInBostonI130 Experienced

SteveInBostonI130   3,483

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Filed: IR-1/CR-1 Visa Country: Ukraine
 Timeline
Posted

It is not legal to work remotely with VWP or tourist visa.  The purpose of both is for tourism visits.

 

Yes, you can stay and apply to adjust status.  But you are not allowed to work until you receive your EAD card.

pushbrk Grand Master

pushbrk   13,116

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Filed: Other Country: China
 Timeline
Posted

On VWP, working remotely is not "allowed".  With a B1B2 visa a little different but you may be subject to US taxes.  On the other hand, people visiting the US as tourists regularly check in with work, online or by phone, while on vacation, just like anybody does when on vacation.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

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Ryan H Grand Master

Ryan H   3,834

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

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas 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

 

alv&josh Explorer

alv&josh   34

Posted
Filed: AOS (pnd) Country: Peru
 Timeline
Posted
On 2/19/2021 at 5:48 PM, pushbrk said:

On VWP, working remotely is not "allowed".  With a B1B2 visa a little different but you may be subject to US taxes.  On the other hand, people visiting the US as tourists regularly check in with work, online or by phone, while on vacation, just like anybody does when on vacation.

oh, I'm in a B2in the US in the process AOS (just filed), we put that I was working remotely in our I-485, because I decided to keep working but remotely because of covid, but I'm employed in Peru, and they pay me in Peru. We wanted to do everything with the truth, now I'm concerned... :S

Our Journey:

Feb 18th, 2021: Package sent, including: I-130 + I-130A, I-485 + I944 + I-693 + I-864, I-765) and I-131 through USPS

Feb 24th, 2021: USCIS received the package

Apr 5th, 2021: Package rejected, received back (Payment issue)

Apr 6th, 2021: Resent Package through USPS

Apr 7th, 2021: USCIS received the package @ Chicago Lockbox

May 21st, 2021: Checks cashed

May 23rd, 2021: Received the Text Messages with receipt number 

July 2nd, 2021: I-693 Deficiency Notice Received

July 8th, 2021: Expedite Request Received

July 16th, 2021: Received Fingerprint Appointment Letter

August 6th, 2021: Fingerprints Taken

August 9th, 2021: Changed of Address request AR-11online (Beneficiary) and filed I-865 Address Change of my husband (Sponsor)

August 13th, 2021: Confirmation mail: Case is Ready to Be Scheduled for An Interview

November 17th, 2021: EAD Delivered

March 15th, 2022: Interview Scheduled

April 21th, 2022: Interview / New Card Being Produced

April 22th, 2022: Case Was Approved

pushbrk Grand Master

pushbrk   13,116

Posted
Filed: Other Country: China
 Timeline
Posted
1 hour ago, alv&josh said:

oh, I'm in a B2in the US in the process AOS (just filed), we put that I was working remotely in our I-485, because I decided to keep working but remotely because of covid, but I'm employed in Peru, and they pay me in Peru. We wanted to do everything with the truth, now I'm concerned... :S

Concerned about what?  You told the truth.  B2 is NOT the VWP.  You may be subject to US taxes.  Deal with that when the time comes.  It has nothing to do with the immigration process.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

alv&josh Explorer

alv&josh   34

Posted
Filed: AOS (pnd) Country: Peru
 Timeline
Posted
Just now, pushbrk said:

Concerned about what?  You told the truth.  B2 is NOT the VWP.  You may be subject to US taxes.  Deal with that when the time comes.  It has nothing to do with the immigration process.

oh ok, thanks for your reply! 

Our Journey:

Feb 18th, 2021: Package sent, including: I-130 + I-130A, I-485 + I944 + I-693 + I-864, I-765) and I-131 through USPS

Feb 24th, 2021: USCIS received the package

Apr 5th, 2021: Package rejected, received back (Payment issue)

Apr 6th, 2021: Resent Package through USPS

Apr 7th, 2021: USCIS received the package @ Chicago Lockbox

May 21st, 2021: Checks cashed

May 23rd, 2021: Received the Text Messages with receipt number 

July 2nd, 2021: I-693 Deficiency Notice Received

July 8th, 2021: Expedite Request Received

July 16th, 2021: Received Fingerprint Appointment Letter

August 6th, 2021: Fingerprints Taken

August 9th, 2021: Changed of Address request AR-11online (Beneficiary) and filed I-865 Address Change of my husband (Sponsor)

August 13th, 2021: Confirmation mail: Case is Ready to Be Scheduled for An Interview

November 17th, 2021: EAD Delivered

March 15th, 2022: Interview Scheduled

April 21th, 2022: Interview / New Card Being Produced

April 22th, 2022: Case Was Approved

INF Collaborator

INF   96

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted
On 2/21/2021 at 5:18 PM, pushbrk said:

Concerned about what?  You told the truth.  B2 is NOT the VWP.  You may be subject to US taxes.  Deal with that when the time comes.  It has nothing to do with the immigration process.

What about Canadians that worked remotely for their Canadian companies during this pandemic? Is that allowed? 

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

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