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DavidofLondon

Capacity to work during my transition to the US?

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Filed: K-1 Visa Country: Wales
Timeline

It is complicated, many previous threads on the subject.

“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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OP, if work is important to you either for financial or personal reasons, then I must point out you are on the wrong visa path. The spouse visa will allow you to work the very day you arrive here. No restrictions whatsoever. I fail to see what advantage anyone with a career from a VWP country would see in the K-1 visa from a work and finance perspective. Many are immediately scared off the spousal visa path because they see the processing time and run a mile without seeing what advantages a few extra months of processing can get you. 

 

If you haven't already filed yet, take time to re-consider the pros AND cons of your options. 

 

 

 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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I should also point out that as you are going the permanent residence route with a K1, you will have to declare foreign income. While it is a grey area, I would avoid it like the plague. When in doubt, the money isn't worth compromising your lifelong visa status and restarting the process in a new country.

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Filed: K-1 Visa Country: Wales
Timeline

As long as Uncle Sam Gets his tax all is good.

“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: AOS (apr) Country: Canada
Timeline

It's a grey area. I worked 2 years unauthorised and it was forgiven at the green card interview. In fact, as much as people here want to dispute it, my unauthorized work wasn't even brought up at the interview so it was a non issue. 

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13 hours ago, Boiler said:

It is complicated, many previous threads on the subject.

Sure but my question was in regards to what you meant specifically about the K1. I know that I was work authorized, which is why you can get an SSN in the first place. But DHS still require you to have the EAD to work. It's two different rule books, that's it. I have read many of those threads that you're talking about and did a lot of research on it. The issue of whether a K1 can work without an EAD is not complicated - per DHS they need the document. Whether it practically makes a difference if they still do is another story. In the case where someone is self-employed, like the OP, having the EAD doesn't matter for practically being able to work, I get that. Put law and practicality are different things

 

7 hours ago, caliliving said:

It's a grey area. I worked 2 years unauthorised and it was forgiven at the green card interview. In fact, as much as people here want to dispute it, my unauthorized work wasn't even brought up at the interview so it was a non issue. 

That's normally not disputed. It's well known and often referenced - unauthorized work is forgiven for spouses of USC.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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@Suss&Camm Boiler is often cryptic with comments.  I believe you're supposed to extrapolate meaning due to their purposeful brevity. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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16 hours ago, NikLR said:

@Suss&Camm Boiler is often cryptic with comments.  I believe you're supposed to extrapolate meaning due to their purposeful brevity. 

He meant, go read the threads, which I have - but saying it's complicated offering no explanation isn't really helpful.

It's like when ppl say "quantum physics is a mystery" - it's not, you just need to research it to understand it.

I did the research - that's why I'm questioning what the complicated part is.

 

But thanks for the interpretation :P I have noticed that. 

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

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Filed: K-1 Visa Country: Wales
Timeline

Has been covered in depth so many times before why go through it again? Would not a Physicist research prior studies before postulating on Quantum Physics.

“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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1 minute ago, Boiler said:

Has been covered in depth so many times before why go through it again? Would not a Physicist research prior studies before postulating on Quantum Physics.

Thankfully immigration is a great deal less complicated than quantum physics.  😁  studying shouldn't be too difficult for the average joe. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: K-1 Visa Country: Wales
Timeline

You would have thought.

 

2016-09-16-1407.png

“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: K-1 Visa Country:
Timeline
On 8/13/2017 at 2:25 AM, DavidofLondon said:

Hello, I'd like to know if I am able to work in any capacity during the K-1 Visa Transitioning phase, Here are my questions:

1. After first moving to the US, can I still work for UK clients prior to gaining marriage/green card status, during the transitioning phase?
2. Is there any capacity that I can work for myself, selling digital content online, prior to gaining marriage/green card status, during the transitioning phase? 
3. After marriage, how long have you generally had to wait, before you have been able to work?

Thank you for any responses that may shed some light.

One way to get an official response might be to send USCIS an expedite request for the ead on the basis that you have a job in the UK and not taking it would imply large financial loss.

 

USCIS has two choices:

 

If they approved the expedition, great, you will get ead soon.

 

If they rejected the expedition, great, this might imply you do not need ead to work for a UK company.

 

How does this sound?

 

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10 hours ago, Boiler said:

You would have thought.

 

2016-09-16-1407.png

My question to you was if there is something SPECIFIC outside of what has been mentioned that is on your mind when you say it's "complicated". Since I have done thorough research I was wondering if there was something you had found that I hadn't. If you don't want to answer that's fine, but don't try to make it look like I'm the lazy one - I've invested countless of hours on both research and trying to help ppl - I'm not someone who needs leading to water or snarky/clever comeback posts. I asked a direct question - and you provided nothing in response. If there is something else to read about it that you have found, I have obviously failed to find it or I wouldn't ask you for information.
Enjoy your day.

Edited by Suss&Camm

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Filed: K-1 Visa Country: Wales
Timeline

If the OP had a specific question I would be happy to answer it, but seems happy, as I said mainly a tax issue, the long version has pages and pages of past VJ discussions over many years..

“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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40 minutes ago, Boiler said:

If the OP had a specific question I would be happy to answer it, but seems happy, as I said mainly a tax issue, the long version has pages and pages of past VJ discussions over many years..

You basically said "no that's wrong" when I offered my information to the OP, but are refusing to say why. It would be helpful, so that I can stop providing "the wrong information", if you were to be specific about what is wrong. I was under the impression that a purpose of this forum was to provide clarity and information to ppl with questions. I get that the question isn't from the OP - but it is directly related to their original question and I really feel that you are just trying to be intentionally difficult.
This dancing around has taken plenty of more posts and time then a few sentences clarifying the subject on your part would have taken. Tiring, to say the least, but this is where I get off this merry-go-round.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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