Confusion regarding self-employed fiancee and work permits

[Redro 4,589]

5 minutes ago, Boiler said:

K1 is work authorised subject to status for the 90 days

*give work authorization that doesn't expire after 90 days 😅

[Boiler 43,401]

26 minutes ago, Kor2USA said:

*give work authorization that doesn't expire after 90 days 😅

Most people need EAD

[dmeister3 92]

45 minutes ago, Boiler said:

K1 is work authorised subject to status for the 90 days

I don’t think it is...you have to apply for it, right?

 

51 minutes ago, Jorgedig said:

It's not that they can't.  In fact, in theory they could marry the day after POE, in some jurisdictions get a certified copy of a marriage certificate immediately, and send off their AOS/EAD/AP packet the same day.  The ever-lengthening time period for processing the actual GC application is why the EAD option is even given.

 

Unfortunately that option is now taking 8 months, much longer than it used to....but yet most inquiring on K-1 vs CR-1 here on VJ are hyper focused on the perceived "time apart," rather than the very real delay in work authorization with a K-1.

Literally this. We were so concerned with the strain of being apart and the feeling of getting married for papers with the CR1 route that we went K1. Had we known what a nightmare work authorization and AOS is we would have probably gone the other route. 

[Boiler 43,401]

You have to apply for EAD as that is evidence. which most people need

[SalishSea 16,747]

53 minutes ago, Boiler said:

K1 is work authorised subject to status for the 90 days

Right, but not in practice as they no longer stamp the visa with that addendum at POE.

[SalishSea 16,747]

9 minutes ago, dmeister3 said:

I don’t think it is...you have to apply for it, right?

 

Literally this. We were so concerned with the strain of being apart and the feeling of getting married for papers with the CR1 route that we went K1. Had we known what a nightmare work authorization and AOS is we would have probably gone the other route. 

Funny thing is.....when people come here to VJ to inquire, most of the time they cannot be convinced by any current processing times or other drawbacks, like being unable to drive....

[Boiler 43,401]

The stamp was the EAD

[Redro 4,589]

5 minutes ago, Jorgedig said:

Funny thing is.....when people come here to VJ to inquire, most of the time they cannot be convinced by any current processing times or other drawbacks, like being unable to drive....

According to your timeline, you went through the K1 with your partner. Do you regret it? 

[dmeister3 92]

10 minutes ago, Boiler said:

The stamp was the EAD

I didn’t know that! Thanks for that info 😁

[SalishSea 16,747]

9 minutes ago, Kor2USA said:

According to your timeline, you went through the K1 with your partner. Do you regret it? 

No, but we had sheer luck when it came to timing.  In 2018, our petition was approved in 6 months, and he was here and we were married two months after that.  The approval process for those who submitted petitions the next year was even faster.  

 

We eloped so that we could get the AOS packet submitted asap, as we already knew that in Seattle we faced one of the longest interview wait times nationally at that time.  AP/EAD was also relatively fast - 4.5 months.  

 

Wait time for GC interview was 14 months, and my husband had his interview on the eve of COVID's arrival into the US, on 1/30/2020.  Now the wait for a green card in Seattle is greater than two years.

 

If we were to do it now, I'd definitely do a CR-1, after seeing how the K-1 was globally deprioritized and the resulting futile lawsuits, throughout the pandemic.  Although the consulate in Auckland has had to put interviews on hiatus due to the local COVID lockdowns, which is obviously beyond the control of DOS.

 

To add: we are lucky also to live in a state that dispenses drivers licenses based solely on state residency, without regard to immigration status.  So, my husband did not run into the long wait to be able to drive that other K-1 visa holders have.  That would probably have driven him insane!   The 4.5 months waiting to work wasn't a walk in the park, but he used to time to do some projects around the house while I worked extra shifts.

Edited November 11, 2021 by Jorgedig

[mattUsUkr 5]

So a lot of people are posting their thoughts, and maybe some text from the IRS or USCIS.

Has anyone actually talked to an attorney?

Or gone through the AOS process while working remotely for their home country? If so, how did it go?

[mattUsUkr 5]

I'd like to clarify from my last post - It does sound like you're not supposed to work remotely while waiting for the EAD...but I know people get away with it, while still reporting during the AOS process that they did work for some time. I don't know if that's because immigration officers consider the laws antiquated, luck, a combination of both, etc. I'm trying to understand is there a risk of not getting the green card, or do the problems lie afterward the IRS, or something else.

[Boiler 43,401]

We can only comment on what is legal.

 

If work is an issue K1 is the wrong option.

[Rocio0010 5,560]

57 minutes ago, mattUsUkr said:

but I know people get away with it, while still reporting during the AOS process that they did work for some time.

We can only state what is legal in the forum. People don’t “get away with it”. By law, working illegally is forgiven when you adjust status through marriage with a USC. That does not mean, though, it’s the right thing to do.

[mattUsUkr 5]

2 minutes ago, ra0010 said:

We can only state what is legal in the forum. People don’t “get away with it”. By law, working illegally is forgiven when you adjust status through marriage with a USC. That does not mean, though, it’s the right thing to do.

Yea I'd prefer to follow the laws fully. As would my fiance, but I want to give her all the information so she can make a decision on her own. We don't need the extra income so I think she probably won't work...but again...just trying to understand the full picture.

 

Interesting that by law, working illegally is forgiven when you adjust status through marriage with a USC. That is a much clearer explanation of "getting away with it." Do you know what the risk is then, if by law it's forgiven during the AOS?

Thanks for your post!