After failing to sue the NVC, she is here now on her tourist visa

[Crazy Cat 39,591]

11 minutes ago, Yehuda said:

I could have just did this 2years ago. I hate myself so much right now. This weekend I am getting hammered. She is sleeping right now, we both work at night. I will talk to her when she gets up. 

"You can stay in the US"...... I hope she is happy to hear that.

Edited November 9, 2021 by Crazy Cat

[Yehuda 26]

Just now, Crazy Cat said:

Don't hate yourself for not knowing.  Don't look back.....keep moving forward.....

Honestly, it was probably better I waited. I didn't have a lot money when I filed it, but 2 jobs later I am making more money now than I ever was. I finished college a few years ago so I needed some time for experience. I moved out of New York, so my rent was cut in half. Guess I am saying I am more responsible now. I'm 26 btw!

[Dashinka 23,355]

42 minutes ago, Yehuda said:

I could have just did this 2years ago. I hate myself so much right now. This weekend I am getting hammered. She is sleeping right now, we both work at night. I will talk to her when she gets up. 

Actually, you could not have planned this though.  As @Crazy Cat said, she could not enter the US with the intent to stay and adjust status which may have been the case if you had actually planned it.  In this case, it seems pretty clear neither of you were aware of this option until after she already entered, so if it works, get married and adjust status.

 

Good Luck!

[Ban Hammer 12,876]

1 hour ago, JeanneAdil said:

Not really/ if u had planned to do this it is visa fraud

 

crazy cat is saying "it wasn't your plan/  she came on legal tourist visa with no intent to marry and adjust"

 

but she is here now and u have found out u can marry and adjust, it isn't fraud

just marry and get on with your life together

also he says "can't work " as she has to adjust  status to work

 

Tax status for 2021 will be married so look closely at the IRS guidelines to add her to returns

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charles

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[Yehuda 26]

3 minutes ago, Ban Hammer said:

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Sorry, I was just mad for wasting 2 years of my life.

 

[JeanneAdil 6,242]

27 minutes ago, Ban Hammer said:

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I didn't

[RO_AH 1,623]

6 hours ago, Yehuda said:

Honestly, it was probably better I waited. I didn't have a lot money when I filed it, but 2 jobs later I am making more money now than I ever was. I finished college a few years ago so I needed some time for experience. I moved out of New York, so my rent was cut in half. Guess I am saying I am more responsible now. I'm 26 btw!

Like others said she can not enter with the intent of marrying then adjusting status. Since she did not enter with that intent it is perfectly fine if you get married now. Just be happy that you know now and can plan accordingly. Like you said, timing wise this was probably better now that you are more stable.

 

As far as work goes I think it only applies to her working in the US. I believe there is no problem with her continuing to work remotely outside of the US.

[Crazy Cat 39,591]

7 minutes ago, RO_AH said:

As far as work goes I think it only applies to her working in the US. I believe there is no problem with her continuing to work remotely outside of the US.

Reference, please?

 

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

Edited November 9, 2021 by Crazy Cat

[RO_AH 1,623]

1 minute ago, Crazy Cat said:

Reference, please?

If I am incorrect feel free to say so and why. I was under the belief that you cannot work in the USA until you have a green card. I did not think that you are prohibited from making any income anywhere in the world. Like I said if I am wrong feel free to correct me, it wouldn't be the first idiotic things that the USA does.

[Crazy Cat 39,591]

4 minutes ago, RO_AH said:

If I am incorrect feel free to say so and why. I was under the belief that you cannot work in the USA until you have a green card. I did not think that you are prohibited from making any income anywhere in the world. Like I said if I am wrong feel free to correct me, it wouldn't be the first idiotic things that the USA does.

The article I linked contains an argument for both sides.  I, personally, fall on the side which feels that any work INSIDE the US is not allowed without proper authorization.   If you have something which says otherwise, I would appreciate seeing it.  Thanks.  This topic has long been a matter of discussion...LOL.

 

 

Edited November 9, 2021 by Crazy Cat

[Talako 756]

Americans go overseas and work remote without any thought to the laws of the host country and that is ok.  A foreigner comes here and works remotely their job from back home and suddenly the "law" becomes an issue.

 

Seems about right and typical.

[SalishSea 16,853]

17 hours ago, Yehuda said:

Whelp, I feel like the biggest moron ever. She doesn't own any property, have dependents, and works online. She doesn't make much compared to me, but since I live in Ohio and make ok money I can support both of us for a year. She just gives me $500 a month, which is like half her money her monthly income, but that pretty much covers her food and energy. We aren't rich, but we're not poor. Now excuse me as I scream loudly at that cornfield in the back over how stupid I am for not doing this 2 years ago. 

She cannot continue to work online, whether or not you marry now.  It is prohibited on a tourist visa, and without an EAD.  If you marry and proceed to adjust her status now, she won't have the EAD/AP (to work and travel) for around 8 months.

[SalishSea 16,853]

9 hours ago, RO_AH said:

As far as work goes I think it only applies to her working in the US. I believe there is no problem with her continuing to work remotely outside of the US.

Had she disclosed this plan to CBP, they may have denied her entry.  Unauthorized work is unauthorized work.

[Chancy 6,233]

21 hours ago, Yehuda said:

she is teaching from online.

 

When she fills out her form I-485 for adjustment of status, make sure she discloses her visa violation of performing unauthorized work in the US.  As a spouse of a USC, she will be forgiven for the unauthorized work, but failing to disclose the fact could later be taken as misrepresentation.  US immigration agencies are less forgiving of misrepresentation.

 

[Crazy Cat 39,591]

8 hours ago, Talako said:

Americans go overseas and work remote without any thought to the laws of the host country and that is ok.  A foreigner comes here and works remotely their job from back home and suddenly the "law" becomes an issue.

 

Seems about right and typical.

I believe every country has a right to define who can work within their country.  The discussion here regards authorized work within the US only.  Feel free to investigate the laws of other countries, but those laws are irrelevant.