Getting married with a pending K1

[chibichummy 8]

Hi again, to everyone following this thread.

So we decided that we would get married after reading through everything here. Would like to ask your opinion on work.

I was granted a month's leave, and our company has a 30-day notice policy for resignation. I decided that I would resign from my job (it's remote work), because I don't have work authorization to continue doing it for now. My boss offered that I could still continue working, as they don't mind that I'm not in Manila, but I understand that this is something I can't do, at least not without proper authorization, so I'm turning in my 30 day notice.

BUT this would also mean that I would technically still be employed for 30 days before my "official" resignation -- does this still count as unauthorized work and/or will this be a problem?

[Adventine 3,196]

@chibichummy

So I was actually in almost the exact situation as you - I resigned from my PH employer while I was in the US and teleworked my two week notice period while I was in the US.

 

I disclosed this two week teleworking period in my AOS packet and during the AOS interview. The officer did not give me any issues about it.

 

As an aside, unauthorized work is actually forgiven for spouses of US citizens, but I preferred not to work in the US until I had proper work authorization.

[chibichummy 8]

26 minutes ago, Adventine said:

So I was actually in almost the exact situation as you - I resigned from my PH employer while I was in the US and teleworked my two week notice period while I was in the US.

 

I disclosed this two week teleworking period in my AOS packet and during the AOS interview. The officer did not give me any issues about it.

I see! Alright will include this in our packet. Will the 30-day notice letter and a screenshot of my email exchange with my boss/HR suffice? 

 

27 minutes ago, Adventine said:

As an aside, unauthorized work is actually forgiven for spouses of US citizens, but I preferred not to work in the US until I had proper work authorization.

I completely agree. I don't mind the break too! I work in academe so the shift to remote teaching has been stressful enough as it is, this is a very welcome unemployment on my part. Thank you again, your comments have been really helpful! 

[Adventine 3,196]

No problem, I actually didn't include any proof of my resignation from my PH employer.

 

Here's what I did:

• On Form I-485, page 10, part 8, question 16: "Have you EVER worked in the United States without authorization?" I answered YES, then in part 14, I wrote a couple of lines explaining that the work was teleworking my notice period for my PH employer. It wasn't for a US employer.

During the AOS interview, the officer will likely bring up this YES answer and ask you about it. No big deal.

[chibichummy 8]

13 hours ago, Adventine said:

No problem, I actually didn't include any proof of my resignation from my PH employer.

 

Here's what I did:

• On Form I-485, page 10, part 8, question 16: "Have you EVER worked in the United States without authorization?" I answered YES, then in part 14, I wrote a couple of lines explaining that the work was teleworking my notice period for my PH employer. It wasn't for a US employer.

During the AOS interview, the officer will likely bring up this YES answer and ask you about it. No big deal.

Got this! Thank you.

[apd 8]

I had the same situation as you. It took me almost 10 months from filing for AOS to getting approved for the green card (PD date was 11/12/2020 and AOS approval date was 9/7/2020). The whole time while waiting for AOS I wasn't working.

 

During the interview, the immigration officer did ask about the K1 visa and what happened to it. We mentioned COVID and all the travel restrictions that happened.

 

I think your situation is fine, just make sure to have a good burden of proof of a bona fide marriage when it comes to the papers.

[chibichummy 8]

15 hours ago, apd said:

I had the same situation as you. It took me almost 10 months from filing for AOS to getting approved for the green card (PD date was 11/12/2020 and AOS approval date was 9/7/2020). The whole time while waiting for AOS I wasn't working.

 

During the interview, the immigration officer did ask about the K1 visa and what happened to it. We mentioned COVID and all the travel restrictions that happened.

 

I think your situation is fine, just make sure to have a good burden of proof of a bona fide marriage when it comes to the papers.

Thanks for this apd 

[chibichummy 8]

On 9/9/2021 at 7:03 PM, Crazy Cat said:

However, it is illegal to enter the US via a B2 with the intent to stay and adjust status.

I've been getting private messages regarding my post, and while I always redirect them to this thread for more information, some have been insisting to ask about this.

 

From what I understand in this thread, this discussion is not an option for those whose partners are currently outside the United States who wish to enter with this specific intent, as it is considered illegal and immigration fraud. 

[Crazy Cat 41,857]

56 minutes ago, chibichummy said:

From what I understand in this thread, this discussion is not an option for those whose partners are currently outside the United States who wish to enter with this specific intent, as it is considered illegal and immigration fraud. 

That is correct

Edited September 16, 2021 by Crazy Cat

[chibichummy 8]

1 hour ago, Crazy Cat said:

That is correct

Thank you

[chibichummy 8]

On 9/9/2021 at 7:03 PM, Crazy Cat said:

The petitioner can send a letter to withdraw the I-129 with the I-130. 

Sorry for asking again, as this might seem common knowledge for some.. just a bit confused. Seeing as we can file the I-130 online, should we file it and then send an email to notify withdrawal of I-129? Or should we do both via mail (letter to withdraw + I-130)?

[Adventine 3,196]

Although you can file the I-130 online, the rest of the forms have to filed via paper. USCIS has been known to sometimes miss the information that the I-130 was filed online, so I personally recommend filing everything together on paper.

 

@HRQX has a very handy list of the AOS forms to file but I can't find his exact post right now.

 

Looking at my own packet, you will file the following forms:

• I-130
  • Here I included information that we were withdrawing the I-129F because we got married. 
• I-485  (with supporting form I-864)

Optional:

• I-131 (travel permit)
• I-765 (work permit)

 

[chibichummy 8]

1 hour ago, Adventine said:

USCIS has been known to sometimes miss the information that the I-130 was filed online, so I personally recommend filing everything together on paper.

I see! That makes sense. 

 

1 hour ago, Adventine said:

Looking at my own packet, you will file the following forms:

• I-130
  • Here I included information that we were withdrawing the I-129F because we got married. 
• I-485  (with supporting form I-864)

Optional:

• I-131 (travel permit)
• I-765 (work permit)

Thank you for your help. I'd honestly be lost and in a state of panic without VJ right now. Really grateful!!!!! Will update our timeline once everything's set, thanks!

[HRQX 4,145]

5 hours ago, chibichummy said:

Or should we do both via mail (letter to withdraw + I-130)?

Just send everything by paper. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, withdrawal of I-129F letter/note, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

You'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

[chibichummy 8]

17 hours ago, HRQX said:

Just send everything by paper. I-130 and I-864 are filled-out by the US citizen, and the rest of the forms by the immigrant. In general, send the following four packets (*note that I-765 and I-131 packets are optional, but highly recommended) in the same envelope to the Chicago Lockbox:

• I-130 with I-130A and copy of marriage certificate, withdrawal of I-129F letter/note, filing fees, etc.;
• I-485 with I-864 and supporting documents, electronic I-94 copy, filing fees, etc.;
• I-765 with electronic I-94 copy, etc.; and
• I-131 with electronic I-94 copy, etc.

You'll separate each packet with rubber bands or fasteners: https://www.uscis.gov/forms/forms-information/form-filing-tips

On the I-130 packet, I-130 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

On the I-485 packet, I-485 payment method (check, money order, or Form G-1450) must be the very first item of this packet.

 

You'll eventually have to go to a doctor that has Civil Surgeon designation from USCIS. https://www.uscis.gov/policy-manual/volume-8-part-b-chapter-4

Timing of the Submission of the Medical Examination Report

Applicants may submit the Form I-693 medical examination report to USCIS:

• Concurrently with the immigration benefit application; or

• At any time after filing the immigration benefit application but before USCIS finalizes adjudication of that application. If not submitted simultaneously with the immigration benefit application, applicants may bring the medical examination report to an interview or wait until USCIS issues an RFE requesting the medical examination report.

This clears everything up! Thank you to everyone who helped in this thread