Freelance work whilst applying for AOS

[britincalifornia 0]

Hi, I am wondering whether anyone might be able to advise me on what is the legal status of doing freelance work for an organisation outside the US whilst an AOS is in process.

I submitted an AOS at the end of November, after arriving on a VWP back in September. I came on a visit with my Californian wife but we decided to stay. My work was flexible because I was doing their work already at a distance as a consultant with a Dutch non-profit organisation based previously in London. I therefore included my monthly payment as part of my I-864 application, although it was not sufficient by itself so I also included another petition of support by a close friend of my wife.

I just received a letter back from UCSIS saying they want:

• All Federal income tax documents for the most recent tax year

• All supporting tax documentation submitted to the Internal Revenue Service (IRS) for the most recent year

• Authorization to work in the United States

I don't have any of these! No tax documents because I have only been here just over three months (I understand you need to be a registered resident or here at least 183 days to pay anyway) and I don't have authorisation to work because I didn't arrive with the intention to work. And because I thought that my freelance work with a Dutch organisation didn't count "as working in the US."

Will an affidavit explaining this to USCIS be enough? I have managed to find evidence that legally there is no need for me to have paid taxes yet (http://www.irs.gov/taxtopics/tc851.html) but can't find anything about whether my consultancy work needs authorisation to work. Anyone with experience or advice out there on this?

Thanks!

Nick

[alexpapa 4]

I'm confused, you are the beneficiary, but you also say "my I-864" - the I-864 is your wifes affidavit of support to you, i.e. her document.

[britincalifornia 0]

I'm confused, you are the beneficiary, but you also say "my I-864" - the I-864 is your wifes affidavit of support to you, i.e. her document.

Sorry for the confusion. Yep it was her form but my income was declared on it, as she is not earning.