Remote work income from non-US company caused RFIE

[art1234 14]

Hello,

 

Today I received the dreaded pink letter from USCIS. 
 

As a backstory I've been working remotely for company in U.K. since 2017 and when moving to U.S. I read that there's no explicit law prohibiting me to keep working remotely. The law about employment was written when internet was till dial-up and no remote work was possible. I also had read here and many other forums that people have gotten their GC when working remotely in similar situations.

 

However I included my income in my sponsor's i-864. They now are asking for evidence I am authorized to in the United States. 

Quote from the slip:

• For the intending immigrant's income to be included in the household income, it must been from a lawful source and earned while the intending immigrant was authorized to work in the United States.

The intending immigrant, (name), listed on the petitioning sponsor's Form I-864, Affidavit of Support, or Form I-864A, Contract between sponsor and household member, must submit evidence that they were authorized to work in the United States.

 

My question is how other's in exact/similar situation dealt with such request?

 

Should I response with letter, stating that according to my understanding I was not needed to have work authorization to perform remote work for company based in U.K. and it is not affiliated with United States?

 

Thanks in advance,

Art

 

[payxibka 10,044]

7 minutes ago, art95 said:

Hello,

 

Today I received the dreaded pink letter from USCIS. 
 

As a backstory I've been working remotely for company in U.K. since 2017 and when moving to U.S. I read that there's no explicit law prohibiting me to keep working remotely. The law about employment was written when internet was till dial-up and no remote work was possible. I also had read here and many other forums that people have gotten their GC when working remotely in similar situations.

 

However I included my income in my sponsor's i-864. They now are asking for evidence I am authorized to in the United States. 

Quote from the slip:

• For the intending immigrant's income to be included in the household income, it must been from a lawful source and earned while the intending immigrant was authorized to work in the United States.

The intending immigrant, (name), listed on the petitioning sponsor's Form I-864, Affidavit of Support, or Form I-864A, Contract between sponsor and household member, must submit evidence that they were authorized to work in the United States.

 

My question is how other's in exact/similar situation dealt with such request?

 

Should I response with letter, stating that according to my understanding I was not needed to have work authorization to perform remote work for company based in U.K. and it is not affiliated with United States?

 

Thanks in advance,

Art

 

I doubt any of the previous remote workers were brazen enough to include the income on the i864 

[art1234 14]

2 minutes ago, payxibka said:

I doubt any of the previous remote workers were brazen enough to include the income on the i864 

Should we send new i-864 excluding it? or the suspicion is already raised?

[payxibka 10,044]

1 minute ago, art95 said:

Should we send new i-864 excluding it? or the suspicion is already raised?

You cannot provide evidence of work authorization so it cannot be considered anyway.  

 

Did you need the income to meet the minimum or why did you include it initially?

[art1234 14]

2 minutes ago, payxibka said:

You cannot provide evidence of work authorization so it cannot be considered anyway.  

 

Did you need the income to meet the minimum or why did you include it initially?

My wife's income is not enough, but combining it with our assets it is way above of what's needed. 

I included thinking it won't cause any problems - bad move.

Edited July 10, 2021 by art95

[payxibka 10,044]

2 minutes ago, art95 said:

My wife's income is not enough, but combining it with our assets it is way above of what's needed. 

I included thinking it won't cause any problems - bad move.

You don't have much choice but to prepare a new i864 excluding the income,  or finding a joint sponsor 

[art1234 14]

1 minute ago, payxibka said:

You don't have much choice but to prepare a new i864 excluding the income,  or finding a joint sponsor 

Nice, thanks for your advice. Will try that and if it doesn't work out, sunny beaches of Spain - here we come.

[Nitas_man 3,100]

 

16 hours ago, art95 said:

My wife's income is not enough, but combining it with our assets it is way above of what's needed. 

I included thinking it won't cause any problems - bad move.

Bad move in that “work in the United States” is defined by tax law not immigration law.

 

Two sides

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

Which is, 100% of the time no exceptions, we advise K1 visaholders not to work

remotely before their EAD approval.

You have a long road.  They did not ask for a new affidavit, they asked for proof that your work was authorized.  You can try to file a new one but I dont see a

good outcome here.  

 

 

 

 

 

 

 

[Adventine 3,187]

I agree with @Nitas_man
 They're not asking you to send a new I-864 excluding your remote work income. They already have that on file. They're asking you to prove you were authorized to work in the US.

 

Maybe refiling will work. Maybe it won't. You might also send an explanation why you thought remote work was allowed. But there's no guarantee.

 

[Nitas_man 3,100]

Which begs the question:  Can a K1 entrant’s petitioner file a new I130/I485 if denied based on violating the terms of the original visa?  Would this treated the same as “failure to marry within 90 days”?

Edited July 11, 2021 by Nitas_man

[Nitas_man 3,100]

18 hours ago, art95 said:

Should we send new i-864 excluding it? or the suspicion is already raised?

Suspicion?  You essentially signed a confession.  This RFE puts the burden of proof on you to show that you are engaged in legally authorized work.  At this point you are way past the exceptions.

Edited July 11, 2021 by Nitas_man

[payxibka 10,044]

1 hour ago, Nitas_man said:

 At this point you are way past the exceptions.

What exceptions are they way past?

[Nitas_man 3,100]

32 minutes ago, payxibka said:

What exceptions are they way past?

The exceptions for doing work while physically present in the US without work authorization and that work not being classified as “US source income”.  See exceptions summarized above.  
 

<$3000

Non- US entity

Non-immigrant not physically present for >90 days in the year

 

If ALL 3 apply the individual was not engaging in “unauthorized employment”.  This is usually “B” or other visa related - K1’s are told up front that they need to obtain work authorization before they start working here.

 

I believe the attorney who took that position is correct in applying IRS tax rules to determine what “performing work” would be.  
 

These two honestly need a lawyer but my call is the IO is going to spring the trap as soon as the OP fails to provide evidence that he was authorized to do the work he’s been doing.  

 

Edited July 11, 2021 by Nitas_man

[payxibka 10,044]

2 minutes ago, Nitas_man said:

The exceptions for doing work while physically present in the US without work authorization and that work not being classified as “US source income”.  See exceptions summarized above.  
 

<$3000

Non- US entity

Non-immigrant not physically present for >90 days in the year

 

If ALL 3 apply the individual was not engaging in “unauthorized employment”.  This is usually “B” or other visa related - K1’s are told up front that they need to obtain work authorization before they start working here.

 

I believe the attorney who took that position is correct in applying IRS tax rules to determine what “performing work” would be.  

 

You forgot that as a spouse of a USC, illegal work is forgiven.  Still doesn't make it includable in the I-864.  

[Nitas_man 3,100]

7 minutes ago, payxibka said:

You forgot that as a spouse of a USC, illegal work is forgiven.  Still doesn't make it includable in the I-864.  

Foreign income is never includable, something we experienced a couple times.  
 

I do not forget however violation of terms of the visa (will likely) close the door on adjustment from K1 causing them to re-file I130/I485 on immediate relative status.  I compared it to marrying after the 90 days are up, also forgivable and handled the same way.

 

I hope nothing I said implies they’ll scramble jets and deport him (and) who knows I’m wrong.  That’s my worst case call right now.

Edited July 11, 2021 by Nitas_man