Remote work income while waiting EAD (split)

[LJVotolato 13]

On 7/10/2021 at 11:46 AM, art1234 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

 

Hi, are you the sponsor or the K1 visa holder? I'm a little confused. I moved to the States (I'm Canadian) with a K1 visa and got married but am anxious about not working so I was thinking of working remotely (through a Canadian company) while I wait for my green card/employment authorization.  Are you saying that this may affect my 485?

[Boiler 45,663]

3 minutes ago, LJVotolato said:

Hi, are you the sponsor or the K1 visa holder? I'm a little confused. I moved to the States (I'm Canadian) with a K1 visa and got married but am anxious about not working so I was thinking of working remotely (through a Canadian company) while I wait for my green card/employment authorization.  Are you saying that this may affect my 485?

You are work authorised pursuant to status for 90 days, after that you need to wait for your EAD or GC.

[LJVotolato 13]

33 minutes ago, Boiler said:

You are work authorised pursuant to status for 90 days, after that you need to wait for your EAD or GC.

Sorry, I don't really understand this. I'm after the 90 day mark. Can I not find a remote job (work in States, but work for a Canadian company) while my green card is being reviewed for 6-8 months?

[Boiler 45,663]

2 minutes ago, LJVotolato said:

Sorry, I don't really understand this. I'm after the 90 day mark. Can I not find a remote job (work in States, but work for a Canadian company) while my green card is being reviewed for 6-8 months?

Not without being work authorised.

[aaron2020 11,651]

14 minutes ago, LJVotolato said:

Sorry, I don't really understand this. I'm after the 90 day mark. Can I not find a remote job (work in States, but work for a Canadian company) while my green card is being reviewed for 6-8 months?

Immigration laws were established before remote working on the internet became a thing.  

You are not authorized to work from inside the US for anyone until you get an EAD or green card.  This prohibition from working is based on your physical presence in the US beyond the 90 days allowed on the K-1 and while you applied for AOS and waiting for an EAD.

That's the current state of the law.

 

Another state of the law is that illegal work by a spouse of a US citizen adjusting status is not considered in approving or denying the AOS.

 

You are not authorized to work online for your CA company while you are in the US waiting for an EAD.  The punishment if you do decide to work is that there is no punishment in your case of a spouse of a USC adjusting status.  

[SalishSea 17,928]

5 hours ago, LJVotolato said:

Hi, are you the sponsor or the K1 visa holder? I'm a little confused. I moved to the States (I'm Canadian) with a K1 visa and got married but am anxious about not working so I was thinking of working remotely (through a Canadian company) while I wait for my green card/employment authorization.  Are you saying that this may affect my 485?

Did you really not realize that work is not authorized until you have a valid EAD??

[SalishSea 17,928]

5 hours ago, LJVotolato said:

Sorry, I don't really understand this. I'm after the 90 day mark. Can I not find a remote job (work in States, but work for a Canadian company) while my green card is being reviewed for 6-8 months?

Uh, NO.  Big drawback to the K-1 vs CR-1.   You may want to do a bit of research.

[Redro 4,611]

I don't know why people keep thinking it's okay to work for a foreign company while living in the US when you don't have authorisation.

I don't care if the rules were made before remote work was a possibility. 

The US doesn't want people living and working in/ or out of their country. If they wanted to they could change the law and allow tourists to visit and work for the max 6 months B1/B2s can stay. 

They don't want tourists living in the US for 6 months out of the year. 

You're not special because you're adjusting from K1 unless rules are changed and K1s are allowed to work beyond the initial 90 days. 

While working without authorization is forgiven if you adjust through a US spouse you never know what will happen. 

Divorce is a possibility. Your AOS could be refused. 

Now, you've worked without authorisation and broke the law. 

Wait for the EAD. 

Edited December 30, 2021 by Kor2USA

[Boiler 45,663]

Remote work is nothing new, pre Industrial Revolution it was probably the most common scenario.

[LJVotolato 13]

14 hours ago, aaron2020 said:

Immigration laws were established before remote working on the internet became a thing.  

You are not authorized to work from inside the US for anyone until you get an EAD or green card.  This prohibition from working is based on your physical presence in the US beyond the 90 days allowed on the K-1 and while you applied for AOS and waiting for an EAD.

That's the current state of the law.

 

Another state of the law is that illegal work by a spouse of a US citizen adjusting status is not considered in approving or denying the AOS.

 

You are not authorized to work online for your CA company while you are in the US waiting for an EAD.  The punishment if you do decide to work is that there is no punishment in your case of a spouse of a USC adjusting status.  

Thank you for this. I understand everything except for the last part: 

You are not authorized to work online for your CA company while you are in the US waiting for an EAD.  The punishment if you do decide to work is that there is no punishment in your case of a spouse of a USC adjusting status. 

 

What is the punishment? "No punishment in your case of a spouse.."? So there is no punishment?

[Redro 4,611]

2 minutes ago, LJVotolato said:

Thank you for this. I understand everything except for the last part: 

You are not authorized to work online for your CA company while you are in the US waiting for an EAD.  The punishment if you do decide to work is that there is no punishment in your case of a spouse of a USC adjusting status. 

 

What is the punishment? "No punishment in your case of a spouse.."? So there is no punishment?

Because you are adjusting through marriage to a US citizen USCIS? (thats who adjudicates right?) will forgive this transgression.

BUT if you were not adjusting through marriage to a US citizen you'd be hit with a ban of anywhere between 3- 10 years. 

 

 

[LJVotolato 13]

Just now, Kor2USA said:

Because you are adjusting through marriage to a US citizen USCIS? (thats who adjudicates right?) will forgive this transgression.

BUT if you were not adjusting through marriage to a US citizen you'd be hit with a ban of anywhere between 3- 10 years. 

 

 

Yes, I'm adjusting through marriage to a US citizen. So I *can* work remotely for a Canadian company?

[Redro 4,611]

1 minute ago, LJVotolato said:

Yes, I'm adjusting through marriage to a US citizen. So I *can* work remotely for a Canadian company?

NO. 

What happens if your marriage to the USC ends before you receive your green card and the AOS is denied?

 

Edited December 30, 2021 by Kor2USA

[LJVotolato 13]

Just now, Kor2USA said:

NO. 

What happens if your marriage to the USC ends before you receive your green card and the AOS is denied?

 

Can't I just move back to Canada then? I'm a little confused. If my AOS is denied and/or my marriage ends (either scenario very unlikely), I'd still be able to move back to Canada and yet have accrued savings if I work in the States for a Canadian company? I obviously can't work for a US company as I don't have a social security number etc.

[Redro 4,611]

2 minutes ago, LJVotolato said:

Can't I just move back to Canada then? I'm a little confused. If my AOS is denied and/or my marriage ends (either scenario very unlikely), I'd still be able to move back to Canada and yet have accrued savings if I work in the States for a Canadian company? I obviously can't work for a US company as I don't have a social security number etc.

You're also hit with a 3-10 year ban and cannot enter the USA.