out of the ordinary I-765 question

[visaer 0]

hi everyone,

firstly, much appreciation to this site and all its helpful members. it has really helped me through this visa process. top notch advise and help!

heres my scenario:

my k-1 fiance comes to the u.s.

we get married

we are now filing the i 485 package

question:

-what consequences will there be in filing the i 485 after the k-1 visa 90 expires? are there additional documents we should include if we know we are filing after the 90 days?

question:

- before arriving in the u.s my wife worked for a company in her foreign country. her company has allowed her to continue working for them after she has moved to the u.s. she will be working from home in the u.s. for her company in the foreign country. Is she required to file the i 765? if so, will she be penalized for working without a work permit. im assuming her company cannot be penalized for this because it does not have any branches in the u.s.

i ask because i assumed the i 765 was to allow her to work for a u.s. company.

thanks again very much!

[Stephen + Elisha 92]

hi everyone,

firstly, much appreciation to this site and all its helpful members. it has really helped me through this visa process. top notch advise and help!

heres my scenario:

my k-1 fiance comes to the u.s.

we get married

we are now filing the i 485 package

question:

-what consequences will there be in filing the i 485 after the k-1 visa 90 expires? are there additional documents we should include if we know we are filing after the 90 days?

If you married within the 90 days, no additional paperwork is required. There are no consequences per se to filing for AOS after 90 days, but your spouse is considered out of status until you receive NOA1 for the AOS filing so it is not advisable to delay.

If you married outside the 90 days, you must file an I-130 Petition for Alien Relative (and include the $355 fee) together with your AOS package.

question:

- before arriving in the u.s my wife worked for a company in her foreign country. her company has allowed her to continue working for them after she has moved to the u.s. she will be working from home in the u.s. for her company in the foreign country. Is she required to file the i 765? if so, will she be penalized for working without a work permit. im assuming her company cannot be penalized for this because it does not have any branches in the u.s.

i ask because i assumed the i 765 was to allow her to work for a u.s. company.

thanks again very much!

You are correct: the EAD (I-765 application) permits your wife to work for a US employer. From what I've read (and others will doubtless correct me if I'm wrong), if your wife is working from home for her foreign employer, no EAD is required. She would require an EAD if she were working for the foreign company's US branch or subsidiary, however.

(moving to AOS forum)

[Kathryn41 3,205]

question:

-what consequences will there be in filing the i 485 after the k-1 visa 90 expires? are there additional documents we should include if we know we are filing after the 90 days?

The important part of the K-1 visa is getting married within the 90 days. If you did this, you have satisfied the visa requirements and are allowed to adjust status without submitting any additional 'forms'. If you hadn't got married within the 90 days you would then have had to submit an I-130 as well. You will adjust status on the basis of the K-1.

question:

- before arriving in the u.s my wife worked for a company in her foreign country. her company has allowed her to continue working for them after she has moved to the u.s. she will be working from home in the u.s. for her company in the foreign country. Is she required to file the i 765? if so, will she be penalized for working without a work permit. im assuming her company cannot be penalized for this because it does not have any branches in the u.s.

There is a fair bit of controversy surrounding this topic and no clear cut answer from USCIS. Some people say yes, some people say no. I do know, however, that there are many Canadians who have entered the US and applied for their green card -- and continued to work with their Canadian employer either via the internet or other distance opportunities, or by crossing the border to their work place without any problems. The Employment Authorization Document is to allow employment within the US, not employment outside of the US. If she is able to continue to work for her non-American employer she should be fine. She will need to file taxes in the US, however. There are tax treaties between the US and many other countries that are in place to prevent double taxation, among other things, so she will want to investigate that. She should still file for the I-765 since there is no additional cost and it is often processed earlier than the AOS - usually within 3 months. She may find having the EAD a useful form of identification until her green card arrives.

i ask because i assumed the i 765 was to allow her to work for a u.s. company.

thanks again very much!

and duplicate post removed

[Guitarlo 2]

hi everyone,

firstly, much appreciation to this site and all its helpful members. it has really helped me through this visa process. top notch advise and help!

heres my scenario:

my k-1 fiance comes to the u.s.

we get married

we are now filing the i 485 package

question:

-what consequences will there be in filing the i 485 after the k-1 visa 90 expires? are there additional documents we should include if we know we are filing after the 90 days?

question:

- before arriving in the u.s my wife worked for a company in her foreign country. her company has allowed her to continue working for them after she has moved to the u.s. she will be working from home in the u.s. for her company in the foreign country. Is she required to file the i 765? if so, will she be penalized for working without a work permit. im assuming her company cannot be penalized for this because it does not have any branches in the u.s.

i ask because i assumed the i 765 was to allow her to work for a u.s. company.

thanks again very much!

There is no penalty to filing after the 90 days as long as youmarried during the 90 days. I've heard stories about people who did the I-485 years after the fact and nothing happened. Being out of status is not the end of the world but get it done ASAP.