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Filed: K-1 Visa Country: Brazil
Timeline
Posted

I know you cannot work until you get the permits, but if I have a monetized youtube account, for example, do I need to freeze monetization while I'm AoSing? It is technically income, even if I'm not actively working on it, so I'm confused about it.

Thanks!

Filed: Citizen (pnd) Country: China
Timeline
Posted

Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

July 23, 2025:  Filed N-400 online

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

No

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
8 hours ago, judgementKazzy said:

I know you cannot work until you get the permits, but if I have a monetized youtube account, for example, do I need to freeze monetization while I'm AoSing? It is technically income, even if I'm not actively working on it, so I'm confused about it.

Thanks!

Another vote for "No".

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted

Work an income are not the same here.

 

It used to be generally understood that you were not allowed to work (take employment away from a US citizen) while in the US waiting for the AOS to go thru or for the EAD to arrive.

 

Pre internet and remote working this was easy enough to follow. With the increase of remote work there has been a shift and the definition has not been updated by the USCIS. Technically remote work for a company outside the US could still be considered "employed" and therefor prohibited.

 

"Income" was never a true definition for all of this. If you are lucky and have a huge savings account, the interest is still "income" but you are not employed. and same goes here. You will receive money but are not working or employed. In my opinion this does not qualify as "employment" and is therefor ok. Now if you would actively upload all sorts of stuff during the AOS we could have a different discussion.

Posted (edited)
27 minutes ago, Fr8dog said:

Now if you would actively upload all sorts of stuff during the AOS we could have a different discussion.

Right, producing new content while going through AOS would be considered work.

Reaping the benefits of previously recorded content - not.

Edited by OldUser
Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted
6 hours ago, OldUser said:

Right, producing new content while going through AOS would be considered work.

Reaping the benefits of previously recorded content - not.


It also doesn’t really matter either way in the AOS situation as AOS would cure it. That’s not advocating for a violation of the law in violation of the TOS, just pointing out that under AOS the distinction matters a lot less.

 

I don’t think the government interpretation of the law on the question of what constitutes work is as set as a lot of the immigration internet seems to think. Otherwise influencers would be facing a ban for uploading videos at Disney they make money on while here under VWP. I haven’t really seen that strict interpretation anywhere other than here or Reddit, and even in cases where the ban does matter (consular I-130), my gut is that it would depend on the CO adjudicating, but in most cases it wouldn’t be interpreted that way by the government.
 

I personally wouldn’t do it in that case because I’m risk adverse, but I could also see a lawyer advising a client not to disclose it as work to the government. Like I said, I don’t think there’s a settled interpretation of this by the government, which is why so many people aren’t sure about what counts.

Posted
8 hours ago, S2N said:


It also doesn’t really matter either way.........

 

I agree with you. However all it takes is one person during your application process to be a "Richard" and it could set you up for lengthy delays and potential additional costs. Every person needs to figure out what they feel best fits their situation and do there own risk management.

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted (edited)
17 minutes ago, Fr8dog said:

 

I agree with you. However all it takes is one person during your application process to be a "Richard" and it could set you up for lengthy delays and potential additional costs. Every person needs to figure out what they feel best fits their situation and do there own risk management.


Agreed. It’s a risk tolerance question for a grey area of the law. For AOS I think it matters a lot less practically than for IR-1/CR-1, since everything is forgiven.

 

IR-1/CR-1 it matters a lot more how the government official interprets uploading videos to a streaming platform for cash.

Edited by S2N
Posted
1 minute ago, S2N said:


Agreed. It’s a risk tolerance question for a grey area of the law. For AOS I think it matters a lot less practically than for IR-1/CR-1, since everything is forgiven.

Not everything is forgiven. Failure to mention unauthorized work is not forgiven. Technically, one can get hit with misrep and this means getting waiver (if have good enough reason) or not getting status in the US.

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted
1 minute ago, OldUser said:

Not everything is forgiven. Failure to mention unauthorized work is not forgiven. Technically, one can get hit with misrep and this means getting waiver (if have good enough reason) or not getting status in the US.


Not disclosing something that you honestly do not think is work is not willful misrepresentation.

 

There’s a fine line between overdisclosure and being completely honest to all questions asked. Overdisclosure can also cause headaches. 
 

It’s not clear if someone who is a YouTuber uploading a video they then get income from would be considered work by the government. If it’s disclosed as work when it’s not, that can trigger further levels of review, questions, and delays in the process.

 

If OP has a lawyer it’d also be a decent thing to get their advice on if they need the money from new content as advice of counsel can generally be relied on in matters like this if an issue comes up later.

Posted
1 hour ago, S2N said:


Not disclosing something that you honestly do not think is work is not willful misrepresentation.

OP asked, so know they know it can be perceived as work. I agree, this is most likely won't be an issue.

 

I guess my reply was more towards "everything is forgiven". This is a lot broader than question asked. If OP claimed to be US citizen to get work, while work is forgiven, false claim to citizenship isn't. I guess I wanted to highlight the fact not everything can be cured with marriage to US citizen and AOS. I'm sure you know this. I just want to remove ambiguity for somebody else who's reading this in the future.

 

 

Filed: IR-1/CR-1 Visa Country: Chile
Timeline
Posted (edited)
33 minutes ago, OldUser said:

I guess my reply was more towards "everything is forgiven". This is a lot broader than question asked. If OP claimed to be US citizen to get work, while work is forgiven, false claim to citizenship isn't. I guess I wanted to highlight the fact not everything can be cured with marriage to US citizen and AOS. I'm sure you know this. I just want to remove ambiguity for somebody else who's reading this in the future.


Yah, I was being imprecise. I should have said all work within the U.S. would be cured via AOS assuming no other factors preventing adjustment.
 

I still don’t think uploading a few videos merits disclosure. It’d likely just create more of a headache and would cross the line from full transparency to over disclosing. If they were doing a full business out of it, there might be questions, but continuing a weekly true crime podcast is likely to be fine.

 

If it’s a major source of income where they will be producing substantial work, then I’d check with a lawyer.

Edited by S2N
 
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