braem

My fiance and I are currently waiting for our NOA2. My British employer has offered me to keep my job and work from home (in the States). I have seen threads about this before and understand that as long as my employer is based outside the US and i am getting my salary in GBP into my UK bank account I am not breaking any laws, but I still havent found this info on the USCIS or embassy website. Can anybody advise where I can find this info?

I realise this issue is sort of undefined, and based on other threads and this one, USCIS have given both positive and negative answers to the question "can I work for a foreign UK company?" (If anyone has an actual clear-cut legal answer, please link a source to it.)

I have another question with this setup though: if you've told HMRC you're moving country and leaving the UK, and the UK company you're working for continues to pay money into a UK bank account, are you still paying UK taxes on that? I think you're technically still resident for a short period, on a self-employed basis? Do you then need to file for relief under double taxation treaties when you file with the IRS? (I assume setting up a company in the US and working through that separate legal entity is the way to avoid any such tax issues.)

Apparently this is a gray area with no answer in immigration law.

Interesting debate http://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

http://www.justanswer.com/immigration-law/7ll6j-allowed-self-employed-us-freelance-basis.html

I think I would continue to work in the gray area and stay under the radar. Just a personal comment and not advice in anyway. BUT you want to declare that work and income toward an affidavit of support which is a different ball game. It would be very interesting for you to try it since there is no clear cut law on the books apparently. Maybe easier for you to jump through the hoops by having a joint sponsor if the parents are willing. This is one of the reasons why a K1 visa sucks.

Interesting that it's a current unresolved legal matter! I'm not a fan of grey areas, though, so I'll stick to ignoring any possible income I might get and go with a regular joint sponsor.

Thanks for finding those two links. Hopefully this will be of use to other people if they find this thread.

London does give some leeway on the beneficiary's income, to actually utilize it on the I-134,

but must be prepared with documentation for prior years stuff and current year stuff (showing going-forward plan) .

This is about I-864 as part of AOS, after moving to the US, not for the I-134 as part of actually getting the K-1 at the Embassy.

I suspect the crux of the matter is that I-864 is for use with different types of application.

If it's being used in a situation where a non-immigrant already has legal work (say, with an EAD) while present in the US, then the (legal) work before adjusting status can potentially continue throughout the process of filing I-864 and thereafter. The intending immigrant's income CAN then count towards the required minimum.

If it's being used in a K-1 situation, then there's no point before filing for AOS where the K-1 holder can legally work, because there's no EAD. The intending immigrant's income there CANNOT count towards the required minimum.

Does that seem right?

I don't have your answers, but you do know that I-864 gets mailed in with the AOS/EAD application. So you can't be stopped working for 3-4 months and say you are earning that money on something you mailed prior to that time off.

Previous questions such as http://www.visajourney.com/forums/topic/384635-using-foreign-spouses-income-on-i-864/ have said that a letter stating the intent to continue employment is enough. Perhaps that's sufficient? A letter of intent to the effect of "this person will be working for us the foreseeable future at a rate of $X/day", maybe?

If I-864 is mailed in with the AOS/EAD application, then UK employment will have only recently terminated, then when the EAD arrives after ~100 days, work would continue from the same source as before (the UK company).

That still doesn't explain whether you need an EAD at all, but I suspect an EAD is very much required for any work done whatsoever inside of the US.

I don't have your answers, but you do know that I-864 gets mailed in with the AOS/EAD application. So you can't be stopped working for 3-4 months and say you are earning that money on something you mailed prior to that time off. And you have a 50% chance or greater of not even having an interview.

Does your wife not earn enough without your income? Or are you just trying to top it well beyond enough? I understand what you are asking but I think the question is ---Is it okay to work for a foreign company from the US prior to having EAD.

She won't earn enough without that income, no. We can use her family as a sponsor (which we did we I-134), but it would be good to simply rely on my own income since it absolutely will be sufficient for a 2-person household.

I-864 allows foreign spouse income to count provided that it will continue to come from the same source after AOS. That much we know. So if they also say you need an EAD, surely it is a given that you will not be working for 3-4 months? Or are you indeed allowed to work for a foreign company in the interim, WITHOUT an EAD? Perhaps without any business entity like an LLC, and just a regular sole proprietorship (then later just set up the LLC)? If that's allowed, then presumably I could: stop being an employee, move to the US, immediately start doing freelance work as a sole proprietorship (without an EAD?), then file for AOS with the understanding that my income is both present before AOS and present after EOS.

I guess it's very confusing that I-864 allows this "income source must be the same before and after AOS" situation, but the EAD is stated as required...

Related:

If my income source changes (either self-employed but doing other work, or get hired by a US company), does that affect my contribution to the sponsorship for I-864, even if my income would still exceed the minimum required amount?

I'm coming up to my visa interview at the US Embassy in London, and expect to get my K-1 soon after that. I have some questions about my specific situation to do with Adjustment of Status as a K-1 holder after I move. I'm aware that I-864 allows you to use the foreign spouse's income under certain conditions, however I'm not sure if they'll apply to me.

I'm currently a regular UK employee for a UK company, and my plan is to stop being an employee, move to the US, set up a US bank account, etc., then work for them on a freelance basis. That is, I'll get an SSN, EAD, form an LLC, and invoice the UK company for work done and they'll pay me fairly regular income as part of contract work.

1. If the Adjustment of Status interview is too soon after starting this work, I might not have lived with my spouse for at least 6 months. Is that an issue for counting my (foreign immigrant spouse) income in I-864?
   
2. If my AOS process requires me to state income and I'm doing freelance work for the UK company, but have only worked for them for a few weeks / months, would they take that as satisfactory proof of future income?
   
3. Is this self-employed income actually valid for I-864 purposes, given that the source IS the same before and after AOS? (I can get a letter stating intent to continue working for them indefinitely on a freelance basis.)
   

I-864 instructions don't actually mention a 6 month minimum requirement, and it doesn't specify whether you must remain an employee for the duration of the move, before and after AOS. Yet, I'm not technically allowed to work in the US without an EAD, so I can't remain an employee and do work for them through the AOS process. In my view, my employment for them terminates and then I start working for them afresh, so it is indeed the same source. (EAD requirements are definitely still in effect in this situation, am I right? Perhaps I'm missing something.)

Also the best K1 London info is in the pinned thread in the UK forum. All these things have been asked, but you need to read from the beginning.

I can totally appreciate that, it's just that it is an absolutely massive thread with a lot of tangents to skip through. Thank you for the help with your answers, though! I will try to read it all, and will probably get a second I-134 made.

LND is the consular number. I'm not sure which Wiki page you're referencing, but I seriously doubt those pages have been updated recently. Be sure to read the pinned K-1: NOA2 to interview thread at the top of the UK forum.

The page I'm referencing is http://www.visajourney.com/wiki/index.php/K-1_and_IR-1/CR-1_-_UK_Specific_Information#3._Get_your_LON_case_number_from_the_NVC

I'll give the pinned thread another read to see if it mentions calling about the NVC. Thanks for the help, by the way, both here and on the other thread. And congratulations on your recent weddding!

Yes, as I noted in my response, having the LND number means you can schedule the Knightsbridge exam sooner as well as start working on the various DS forms that you'll need for the visa application process. You won't get a visa interview until London receives the approved I-129F petition from NVC, they receive your DS forms, and they receive the results from the Knightsbridge medical exam.

Hm. Maybe I'm confused. I have a case number beginning with "LND" at the bottom of my embassy letter. Is this what the wiki page refers to as a LON case number? If so, I assume I only need to call NVC for peace of mind?

Your passport needs to be valid for eight months beyond the date placed on the K-1 visa. So, assuming your interview will happen in the next few months, you'll have plenty of time to renew after you arrive in the U.S. since the expiration is over a year away.

I figured that, I just don't want there to be some poorly-timed "this doesn't look like you" situation. But if I switch my passport I also don't want my passport number to differ from any that might be on file.

On the GP vs. Knightsbridge question, you may want to take a look at the costs charged for the vaccinations at Knightsbridge: http://photos.state.gov/libraries/unitedkingdom/164203/cons-visa/iv018a_medical.pdf

If you're able to get to a GP soon, have the vaccinations done there, and then recorded by Knightsbridge, that will save you a few quid. Don't schedule your Knightsbridge appointment until you have the GP situation figured out and then you can time it so you'll only need one round of vaccinations for the MMR.

I should've read that before posting this! Thanks. As far as "get to a GP soon", how soon is soon? I don't really know how long I should be waiting between NOA2 and getting the appointment sorted? I'm planning on submitting my police certificate form (required for the medical) in the next few days, but I've already lost a month from being out of the UK literally a day or two before I received the letter from the embassy. Awful timing.

Plus, if you can get the LND number during the call and move forward with scheduling the medical exam at Knightsbridge and the DS paperwork.

Is there a specific benefit in having this number?

I assume you can't get a visa interview if the embassy doesn't have the copy of I-129F, and you don't have to explicitly request the I-129F package be sent to the embassy?

I'm in a bit of a weird situation with my passport and vaccinations. My situation is that I've just had I-129F approved.

1. My passport is set to expire in 2015. Since it's close to expiring and I look a little different to my photo, I'm considering getting a new one, but would this affect my application or interview in any way, since it wouldn't match the scans in my I-129F package?

2. I'm not yet registered with a GP, so I can either: (a) register with a GP as soon as possible, sort out all of the vaccinations ahead of time and get proof for the medical exam; or (b) just wait until the medical exam and pay(?) for them to cover everything necessary.

Should I get my passport renewed or just wait until I'm in the US and have it renewed via the British embassy there?

Given that I am quite close to sending off for booking a medical exam, is it better to go with a GP and make sure I have proof, or to just pay the cost and have it on record with the official examiner? I'm not too concerned about the cost if it's < £100, I just don't know whether it's always possible to get it done there.

The wiki page on K-1/IR-1/C-1 UK-specific information says I should call the NVC and the embassy to verify that my package has been sent to London. Is this still necessary or can I safely assume they'll have I-129F and anything else they need?

Thankfully our I-129F application was approved last month. My fiancée's mother is sponsoring me, and I have two questions about I-134.

Firstly, I have read in most places that I-134 must be filled out by my fiancée AND her mother, even if my fiancée is unable to cover the requirements by herself. Is this still the case? (I'll be interviewing at the London embassy if that's relevant.) If she DOES have to fill out a separate I-134, even though her income is almost nothing (she just graduated), should most of the values just be written in as "0", and question 11 answered with a N/A as recommended?

Secondly, I also read somewhere (possibly with VJ wiki, which seems to be out of date, since it talks about P3 packets -- I believe they don't exist anymore) that if you're using a cosponsor for I-134, your cosponsor should answer something like "3 years of full room and board and all necessary expenses", whereas the fiancé(e) gives the usual "N/A (K-1 visa process for permanent residence)" answer. My fiancée's mother has given the N/A answer. Is this a serious problem or can it stay as N/A? I'm concerned that it might seem like my fiancée's mother is not actually sponsoring me, although the I-134 itself surely is evidence enough?

From a US account in the USA right? if not it wont be accepted.

Yep!

The person who dealt with the call at USCIS said the only thing to do is send it again with payment. We're cancelling the order and, because it's quicker, my fiancée's family is making a withdrawal on their account and we're using a money order from them to make the payment. Apparently it's possible to sign the order even though it came from another account, as the order has basically been bought already.

We called the bank, they said the money order hasn't been cashed. So it's still possible that it fell under someone's desk, I guess? We'll have to call USCIS.

Did you photocopy the form for your own record or is it the completed pdf on your computer? I had this problem where even if I completed the form on the computer, some infos would not be printed (box unchecked after being printed...). I rechecked my whole package several times to avoid this kind of missing infos... Trying to find an explanaion here at your problem..

They sent the form we sent them back. On that form, the checkboxes are marked "Single" for both of us.

In their rejection form they mentioned something about sending I-130. Perhaps they saw the money order was missing and wondered why we were both marked as single? And then sent a rejection back to cover both mistakes? If we were applying for a spouse visa we wouldn't need to send a fee, but we also wouldn't be marked as single, and they describe that situation on the error form.

That seems logical?

Asking obvious questions >>> Was the money order attached to the cover sheet? Was it in plain to see upon removing the contents of the envelope?

Check with the bank, if it doesn't come up as cashed you are out of luck and will have to send a new check.

When the package was first returned they gave a green sheet which stated "place this on top when you return it". That green sheet was on top. Underneath it was the money order, not attached to anything, but the whole thing was on top of the plastic package containing all the other documents.

USCIS isn't available on weekends, so we'll have to wait to call them and the bank.

I still have no idea why they also said the marital status for both of us wasn't checked, when it very clearly was!

Has the money order been cashed?

The $340 was taken out of the account at the time of creating the money order / guaranteed check. I assume the bank could confirm whether it's been cashed/deposited?

The other thing is that they gave a second error that we didn't mark the marital status for each person, but right there on the form it has us both marked as single?

Missing $340 and a spurious form about an error that doesn't exist??

Our original I-129F package was returned for sending $350 instead of $340, so the money order was changed to $340 and sent again. It's just been returned with the reason given that the money order wasn't in the package? It definitely was, and the package they sent back doesn't have it in.

Does this happen? Was it stolen? Was it misplaced?

Now what?!

Not excusing the OP for the original oversight but I'm good with the GMen keeping my $10 instead of an RFE.

Agreed. It's especially annoying because the dollar and time cost of fixing the problem exceeds $10.

Not to sound rude, BUT if you got the filing fee incorrect it's possible you might have gotten something else wrong. I would take the opportunity to give your file one last checking over just to be sure. Better now than in five months time! The guides on this site should cover most things.

Thanks for the pointer. We're both fairly confident that there's nothing amiss, since we've been fairly comprehensive in the documents we've printed and forms we've filled out etc. The filing fee error was pretty much a miscommunication. I knew the actual fee but I couldn't double-check it before it went out, in contrast to the other forms where both pairs of eyes saw what was filled out. Fingers crossed.