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ARose

marriage and AOS from ESTA

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

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Boiler Grand Master

Boiler   46,058

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Filed: K-1 Visa Country: Wales
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16 minutes ago, ARose said:

Great to know that it’s possible to expedite EAD - as not having job for ~8 months would be the main stressor for going down this route! Hopefully he’d get an offer letter while waiting. 

A bit more to getting an expedite approved that just having a job offer

“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.”

ARose Newbie

ARose   0

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2 hours ago, Rocio0010 said:

His visa doesn't authorize him to work, even if it is remotely. He has to apply for an EAD, and will be able to work in 8-9 months. He should stop working.

 

He's fine to stay and adjust status. Intent was determined at the border.

Okay good to know. When should he stop working for his Irish company then? Before we even file for I-130 / I-485 etc or maybe when application for I-130 is approved? 

Chancy Grand Master

Chancy   6,243

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Filed: IR-1/CR-1 Visa Country: Philippines
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Just now, ARose said:

When should he stop working for his Irish company then?

 

Technically, as soon as he sets foot in the US.

 

Just now, ARose said:

What more would be required do you know?

 

Expedite requests are never guaranteed, but having a job offer greatly increases your chance of getting approved.  The request itself is not complicated.  Just call the USCIS hotline or ask Emma on the USCIS website.

 

Boiler Grand Master

Boiler   46,058

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Filed: K-1 Visa Country: Wales
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1 hour ago, ARose said:

What more would be required do you know?

Evidence of severe financial hardship 

“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.”

SalishSea Grand Master

SalishSea   18,125

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Filed: Lift. Cond. (apr) Country: New Zealand
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10 hours ago, ARose said:

My partner is here with me, he came on ESTA/VWP to visit for a couple months and work remotely while doing so.

This is in violation of the terms of ESTA/VWP.

 

He needs work authorization, which will take around 8 months if you marry and adjust status.   It is a drawback of doing things that way.

Cathi Veteran

Cathi   5,784

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Filed: Citizen (apr) Country: Jordan
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Posted
9 hours ago, ARose said:

Great to know that it’s possible to expedite EAD - as not having job for ~8 months would be the main stressor for going down this route! Hopefully he’d get an offer letter while waiting. 

Just because you request an expedite, doesn't mean it will be granted. You need to prove extreme financial hardship.


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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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Posted (edited)
9 hours ago, ARose said:

Great to know that it’s possible to expedite EAD - as not having job for ~8 months would be the main stressor for going down this route! Hopefully he’d get an offer letter while waiting. 

If money/ not working is a concern he might want to return to the UK and interview at the embassy. He should still be allowed to visit. 

9 hours ago, ARose said:

Okay good to know. When should he stop working for his Irish company then? Before we even file for I-130 / I-485 etc or maybe when application for I-130 is approved? 

He should stop working yesterday.

Be aware of two things:

1.) If you decide to adjust status he will need to answer yes to the following question:

  • 15. Have you EVER worked in the United States without work authorization?

and probably

  • 16. Have you EVER violated the terms and conditions of your nonimmigrant status?

 

2.) If your husband stays and adjusts he will be required to report the income earned from his remote work to the IRS (and maybe pay tax). The reasons are complicated but you can read this thread for a basic understanding of the situation. 

 

 

Edited by ROK2USA
Crazy Cat Grand Master

Crazy Cat   42,218

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted

If he cannot afford to wait for an EAD, then perhaps a CR-1/IR-1  would be a better choice. 

"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.. 
 

Crazy Cat Grand Master

Crazy Cat   42,218

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted
14 minutes ago, ROK2USA said:

IRELAND

Not the U.K.

Apologies there is another poster thinking about working remotely while on ESTA got things confused. 

Yep.  I have seen several similar cases over the last couple days. 

"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.. 
 

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

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