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nanaaalex

Self employment

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I've done some reasearch and found that there is a ''gray area'' when it comes to working for a foreign employer during the AOS process before you get the EAD.

However, I haven't found anything about self employement. Is that allowed or is it still considered illegal under immigration laws? What about starting an online business or a youtube channel?


Nov 2009..............Became friends on facebook

April 2012.............Met for the 1st time

June 2012............Started dating

May 8th 2015.......I-129f sent

May 12th 2015.....I-129f received

May 14th 2015.....NOA1 hard copy notice date

May 15th 2015.....NOA1 email/text received

July 8th 2015........NOA2 email received

Sep 9th 2015........Packet 3 received

Oct 10th 2015.......Packet 3 sent

Oct 16th 2015.......Packet 4 received

Jan 28th 2016......Medical

Feb 10th 2016......Interview (Missing financial papers need to be sent) in AP

Feb 1st 2017........Missing financial papers sent & delivered

Feb 6th 2017.......Consulate requested more documents (new medical, police certificate, etc (now expired))

Mar 7th 2017.......Medical (since the 2016 one expired)

Mar 14th 2017.....New documents requested sent & delivered

May 17th 2017....Interview passed (FINALLY OMG)

May 19th 2017....Passport with k1 Visa received

Aug 26th 2017.....POE

Sept 1st 2017....Wedding

Jan 26th 2018.....AOS, EAD, AP sent

Feb 2nd 2018......Rejection

Feb 9th 2018.......Rejection letter received

Feb 10th 2018.....AOS, EAD, AP sent

Feb 20th 2018......NOA date

Mar 8th 2018........Biometrics

Apr 26th 2018......Received interview notice

May 29th 2018.....Interview (Approved!!)

June 2nd 2018.....Notification that the green card has been shipped

June 3rd 2018........Approval letter received

June 8th 2018.......Green card received

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28 minutes ago, nanaaalex said:

I've done some reasearch and found that there is a ''gray area'' when it comes to working for a foreign employer during the AOS process before you get the EAD.

However, I haven't found anything about self employement. Is that allowed or is it still considered illegal under immigration laws? What about starting an online business or a youtube channel?

I wouldn't chance it. 

 

Can you really not wait 90-100 days for the EAD?

 

If you were working for a previous employer "remotely" from the US and still getting paid into a bank account from your origin country you're technically still working in the US - and if you were to then transfer that money from your origin bank to your US bank account then you could get hit with tax evasion as obviously earned money on US soil and then avoided paying tax.

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Remote work for a foreign employer would be ok. Self-employment is not (you would be seen as both a US employer and employee).


If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

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Self employment is not permitted without an EAD. Self-employment means you are acting both as the employer and an employee. The same goes for starting a business...you would still be an employee of that business.

 

Having a YouTube channel would be fine, but like noted above, you will need a subscriber base first and that takes time.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Looking at your signature and timeline, I can see that you've waited an inordinately long time for your visa. That must be SOOOOO frustrating. Our CR1 process took us almost a year (and everything was totally in order - no RFEs or missing documents) and it felt like my life was on hold the whole time. 

That said, it's not worth the risk (or your time) to spend this much energy looking for loopholes. You knew going into the fiance(e) visa process that you wouldn't have work authorization when you arrived in the US. No matter how long it has taken, you undertook to follow the rules and that's what you'll have to do.

As somebody who makes a lot of promo material (videos, blog posts etc) I know they are time consuming to produce, and you always feel on the hook to produce new material with more frequency than really seems possible.

If you're interested in producing videos, why not do all the work of making them - several of them - and don't post them right away -  get a few "in the bank," so to speak. Refine your brand. And when you get your EAD, you'll have a bunch of content that you can start releasing, and be a little bit ahead.


 

Is your timeline updated?


Oath Ceremony Dec 14th, 2018 I am finally a citizen and done with USCIS for good!

 

 

IR-1/CR-1 Visa:                            

Marriage: 2013-08-05                                   I-130 Sent: 2013-10-07                                                 I-130 NOA1: 2013-10-09                               

I-130 transferred to VSC: 2014-03-12        I-130 NOA2: 2014-03-24                                              NVC Received: 2014-04-07 

Case Number and IIN: 2014-05-05             Sent ENROLL email for EP: 2014-05-06                    Gave email addresses to NVC: 2014-05-08             

DS261 submitted: 2014-05-09                    AOS invoiced and paid: 2014-05-12                           DS261 re-submitted - GRRRR! 2014-05-21               

ENROLL conf. email: 2014-06-05               Submitted AOS documents:2014-06-08                    IV fee email received: 2014-06-23 

IV fee available and paid: 2014-06-24       DS260  submitted: 2014-06-26                                   Case Complete: 2014-07-31                                       

Interview: 2014-09-19 APPROVED!!!          Visa in Hand: 2014-09-24 (Loomis depot)                POE (Pac Hwy Crossing, BC) 2014-11-08 

SSN Card arrived (approx) 2014-11-26     Green Card arrived (approx) 2014-12-17 

Removal of Conditions - I-751:

I-751 Mailed (USPS) Aug 10, 2016             NOA: August 17, 2016 (received Aug 23)                  Biometrics Letter Sent: Sept 23, 2016

Biometrics Letter Rec'd: Sept 30, 2016     Walk-In Biometrics Oct 6, 2016                                    Infopass for I-551 stamp Aug 17, 2017   

Service Request: Dec 27, 2017                   SR Response: Jan 10, 2018 (no prediction)              Senator Inquiry: Jan 5, 2018

Senator Resp: Jan 8, 2018 (60 days)         Service Request 2: Mar 8 2018                                   Senator Inquiry 2: Mar 9 2018

SR 2 Response: Mar 12 (security checks) Senator Response 2: Mar 13, 2018                            Approval (via phone!): Mar 14, 2018

New Green Card Arrived: Mar 22, 2018

Naturalization - N-400: 

Submitted N-400 Online: Feb 4, 2018       Denied for Payment Failure: Feb 8, 2018                     Resubmitted N-400 Online Feb 8, 2018

NOA: Feb 8, 2018                                          Biometrics: Feb 26, 2018                                                Interview: Nov 2,2018 (approved)

Oath: Dec 14, 2018

 

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11 hours ago, BenjaminKeating said:

I wouldn't chance it. 

 

Can you really not wait 90-100 days for the EAD?

I will if I have too. I'm just a huge workaholic lol

 

10 hours ago, Coco8 said:

You can make videos and put them on youtube without advertisement or any payment. It is going to take a while to get enough viewership to get paid at all anyway.

 

 

10 hours ago, geowrian said:

Having a YouTube channel would be fine, but like noted above, you will need a subscriber base first and that takes time.

I have 9k subscribers right now on my channel. Not paid a lot because I don't upload often but I'm paid in Canadian dollars. So I guess I would have to stop those payments?


Nov 2009..............Became friends on facebook

April 2012.............Met for the 1st time

June 2012............Started dating

May 8th 2015.......I-129f sent

May 12th 2015.....I-129f received

May 14th 2015.....NOA1 hard copy notice date

May 15th 2015.....NOA1 email/text received

July 8th 2015........NOA2 email received

Sep 9th 2015........Packet 3 received

Oct 10th 2015.......Packet 3 sent

Oct 16th 2015.......Packet 4 received

Jan 28th 2016......Medical

Feb 10th 2016......Interview (Missing financial papers need to be sent) in AP

Feb 1st 2017........Missing financial papers sent & delivered

Feb 6th 2017.......Consulate requested more documents (new medical, police certificate, etc (now expired))

Mar 7th 2017.......Medical (since the 2016 one expired)

Mar 14th 2017.....New documents requested sent & delivered

May 17th 2017....Interview passed (FINALLY OMG)

May 19th 2017....Passport with k1 Visa received

Aug 26th 2017.....POE

Sept 1st 2017....Wedding

Jan 26th 2018.....AOS, EAD, AP sent

Feb 2nd 2018......Rejection

Feb 9th 2018.......Rejection letter received

Feb 10th 2018.....AOS, EAD, AP sent

Feb 20th 2018......NOA date

Mar 8th 2018........Biometrics

Apr 26th 2018......Received interview notice

May 29th 2018.....Interview (Approved!!)

June 2nd 2018.....Notification that the green card has been shipped

June 3rd 2018........Approval letter received

June 8th 2018.......Green card received

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5 hours ago, nightingalejules said:

Looking at your signature and timeline, I can see that you've waited an inordinately long time for your visa. That must be SOOOOO frustrating. Our CR1 process took us almost a year (and everything was totally in order - no RFEs or missing documents) and it felt like my life was on hold the whole time. 

That said, it's not worth the risk (or your time) to spend this much energy looking for loopholes. You knew going into the fiance(e) visa process that you wouldn't have work authorization when you arrived in the US. No matter how long it has taken, you undertook to follow the rules and that's what you'll have to do.

As somebody who makes a lot of promo material (videos, blog posts etc) I know they are time consuming to produce, and you always feel on the hook to produce new material with more frequency than really seems possible.

If you're interested in producing videos, why not do all the work of making them - several of them - and don't post them right away -  get a few "in the bank," so to speak. Refine your brand. And when you get your EAD, you'll have a bunch of content that you can start releasing, and be a little bit ahead.

Thank you so much for understanding, yes it definitely has been a journey!

 

Yes that was the plan! Thank you for the suggestion about waiting until I have an EAD to post them!


Nov 2009..............Became friends on facebook

April 2012.............Met for the 1st time

June 2012............Started dating

May 8th 2015.......I-129f sent

May 12th 2015.....I-129f received

May 14th 2015.....NOA1 hard copy notice date

May 15th 2015.....NOA1 email/text received

July 8th 2015........NOA2 email received

Sep 9th 2015........Packet 3 received

Oct 10th 2015.......Packet 3 sent

Oct 16th 2015.......Packet 4 received

Jan 28th 2016......Medical

Feb 10th 2016......Interview (Missing financial papers need to be sent) in AP

Feb 1st 2017........Missing financial papers sent & delivered

Feb 6th 2017.......Consulate requested more documents (new medical, police certificate, etc (now expired))

Mar 7th 2017.......Medical (since the 2016 one expired)

Mar 14th 2017.....New documents requested sent & delivered

May 17th 2017....Interview passed (FINALLY OMG)

May 19th 2017....Passport with k1 Visa received

Aug 26th 2017.....POE

Sept 1st 2017....Wedding

Jan 26th 2018.....AOS, EAD, AP sent

Feb 2nd 2018......Rejection

Feb 9th 2018.......Rejection letter received

Feb 10th 2018.....AOS, EAD, AP sent

Feb 20th 2018......NOA date

Mar 8th 2018........Biometrics

Apr 26th 2018......Received interview notice

May 29th 2018.....Interview (Approved!!)

June 2nd 2018.....Notification that the green card has been shipped

June 3rd 2018........Approval letter received

June 8th 2018.......Green card received

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Just to be sure, the 90-100 days to get the EAD is after you send the forms for AOS AFTER you get married, correct? It's not as soon as you enter under the k1 visa if I understand correctly.


Nov 2009..............Became friends on facebook

April 2012.............Met for the 1st time

June 2012............Started dating

May 8th 2015.......I-129f sent

May 12th 2015.....I-129f received

May 14th 2015.....NOA1 hard copy notice date

May 15th 2015.....NOA1 email/text received

July 8th 2015........NOA2 email received

Sep 9th 2015........Packet 3 received

Oct 10th 2015.......Packet 3 sent

Oct 16th 2015.......Packet 4 received

Jan 28th 2016......Medical

Feb 10th 2016......Interview (Missing financial papers need to be sent) in AP

Feb 1st 2017........Missing financial papers sent & delivered

Feb 6th 2017.......Consulate requested more documents (new medical, police certificate, etc (now expired))

Mar 7th 2017.......Medical (since the 2016 one expired)

Mar 14th 2017.....New documents requested sent & delivered

May 17th 2017....Interview passed (FINALLY OMG)

May 19th 2017....Passport with k1 Visa received

Aug 26th 2017.....POE

Sept 1st 2017....Wedding

Jan 26th 2018.....AOS, EAD, AP sent

Feb 2nd 2018......Rejection

Feb 9th 2018.......Rejection letter received

Feb 10th 2018.....AOS, EAD, AP sent

Feb 20th 2018......NOA date

Mar 8th 2018........Biometrics

Apr 26th 2018......Received interview notice

May 29th 2018.....Interview (Approved!!)

June 2nd 2018.....Notification that the green card has been shipped

June 3rd 2018........Approval letter received

June 8th 2018.......Green card received

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29 minutes ago, nanaaalex said:

Just to be sure, the 90-100 days to get the EAD is after you send the forms for AOS AFTER you get married, correct? It's not as soon as you enter under the k1 visa if I understand correctly.

Correct


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, nanaaalex said:

I have 9k subscribers right now on my channel. Not paid a lot because I don't upload often but I'm paid in Canadian dollars. So I guess I would have to stop those payments?

 

Maybe you can transfer the channel to your spouse. He/She can get the payments and put them as income. I am understanding you are already getting money without doing anything because of posts you had already made. 

 

There might be someway around this because it could be as if you had a business back home and you are getting income from that. I am not an accountant so maybe try looking into the IRS Q&A section. Online business are tricky because they don't have a physical place.

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3 minutes ago, Coco8 said:

Maybe you can transfer the channel to your spouse. He/She can get the payments and put them as income. I am understanding you are already getting money without doing anything because of posts you had already made. 

 

There might be someway around this because it could be as if you had a business back home and you are getting income from that. I am not an accountant so maybe try looking into the IRS Q&A section. Online business are tricky because they don't have a physical place.

You're allowed to earn income while in the US. That's not an issue. You're not allowed to engage in work, though.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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20 hours ago, Coco8 said:

 

Maybe you can transfer the channel to your spouse. He/She can get the payments and put them as income. I am understanding you are already getting money without doing anything because of posts you had already made. 

 

There might be someway around this because it could be as if you had a business back home and you are getting income from that. I am not an accountant so maybe try looking into the IRS Q&A section. Online business are tricky because they don't have a physical place.

I will look into it, thank you!

Edited by nanaaalex

Nov 2009..............Became friends on facebook

April 2012.............Met for the 1st time

June 2012............Started dating

May 8th 2015.......I-129f sent

May 12th 2015.....I-129f received

May 14th 2015.....NOA1 hard copy notice date

May 15th 2015.....NOA1 email/text received

July 8th 2015........NOA2 email received

Sep 9th 2015........Packet 3 received

Oct 10th 2015.......Packet 3 sent

Oct 16th 2015.......Packet 4 received

Jan 28th 2016......Medical

Feb 10th 2016......Interview (Missing financial papers need to be sent) in AP

Feb 1st 2017........Missing financial papers sent & delivered

Feb 6th 2017.......Consulate requested more documents (new medical, police certificate, etc (now expired))

Mar 7th 2017.......Medical (since the 2016 one expired)

Mar 14th 2017.....New documents requested sent & delivered

May 17th 2017....Interview passed (FINALLY OMG)

May 19th 2017....Passport with k1 Visa received

Aug 26th 2017.....POE

Sept 1st 2017....Wedding

Jan 26th 2018.....AOS, EAD, AP sent

Feb 2nd 2018......Rejection

Feb 9th 2018.......Rejection letter received

Feb 10th 2018.....AOS, EAD, AP sent

Feb 20th 2018......NOA date

Mar 8th 2018........Biometrics

Apr 26th 2018......Received interview notice

May 29th 2018.....Interview (Approved!!)

June 2nd 2018.....Notification that the green card has been shipped

June 3rd 2018........Approval letter received

June 8th 2018.......Green card received

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