Working whilst AOS pending?

[Rob82UK 0]

Hi all,

since I applied for AOS I have been working remotely for the company I worked for in the UK, I have my initial interview Wednesday and wondered if this maybe a problem? I have still been oaying UK tax and national insurance. The company I work for have now incorporated in the USA and now I have EAD and awaiting SSN I can transfer to the USA company soon. I just wanted some advice as was worried how to approach it in the AOS interview if it comes up how I have been supportingmy wife and baby who are both US citizens.

Any advice greatly appreciated.

[Boiler 45,641]

Illegal work is forgiven when adjusting through marriage.

US residents are taxedmon world wide income, tax treaties may help.

[Rob82UK 0]

I was thinking as I am not yet an official US resident, I have not broken any tax rules and I wont be liable for US tax until I have my residency, by which time I will be employed by a US company and have an SSN.

is this correct?

[blooms 63]

You have EAD right? That's your work permit.

[Boiler 45,641]

I was thinking as I am not yet an official US resident, I have not broken any tax rules and I wont be liable for US tax until I have my residency, by which time I will be employed by a US company and have an SSN.

is this correct?

No

[Rob82UK 0]

Yes I have EAD but the company I work for is British and I am paid in UK £ and tax is taken at source by the British government.

I got my EAD on 12/19/2014 but have worked for this British company since August 2010, I have been permanently in the USA since August 11th 2014 and applied for AOS on august 28.

[Boiler 45,641]

What visa did you enter on?

[Rob82UK 0]

A tourist ESTA.

[Boiler 45,641]

Hmmm

Trying to think how to word this and not upset a moderator.

Tax is very different to immigration. You could have walked in with no immigration status but still need to file tax.

Immigration wise your dates seem close and whilst the 30/60 rule is widely misunderstood that can include USCIS. But most likely not.

[KayDeeCee 4,893]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[Rob82UK 0]

Hmmm

Trying to think how to word this and not upset a moderator.

Tax is very different to immigration. You could have walked in with no immigration status but still need to file tax.

Immigration wise your dates seem close and whilst the 30/60 rule is widely misunderstood that can include USCIS. But most likely not.

Initially we were doing things from our separate countries, my wife filled a I130 whilst I was still in the UK etc, then that was approved. My wife was struggling and didn't want to be alone as a single parent, so i decided to stay in the USA and then do an AOS instead of going back to the UK and leaving her. Luckily my UK employer was understanding and allowed me to work from the USA as I do IT support and most of its done over the web, location is somewhat irrelevant.

I just don't know if I have inadvertently done something that may jeopardize my AOS decision!?

[Boiler 45,641]

There is always a chance. Most people seem to adjust without issue but if they want to have a go you entered as a visitor, filed 17 days later which is pretty quick when you have all that paper work medical etc to do and have been working all the way through.

So if they wanted to make a case it would be pretty easy to do so and you have no appeal.

Not a lot you can do now but see.

[Rob82UK 0]

Interview went well today and I have just had notice online about card being produced.

The Interviewer actually said my Affidavit of support passed the required criteria on my earnings, so I guess working still for the British company was fine!

Thank for advice all.

[KayDeeCee 4,893]

Thanks for the update, and congrats!