templeton

Yup, as others have said, entering as a visitor with the intention of immigration is fraud.

Procedurally speaking, there's nothing keeping a beneficiary from visiting during the application process. I did it several times, as have many others. That being said, everyone's situation and background is different, and just because someone else had success doesn't guarantee you will as well. As always it will be up to the CBP officer's judgment at the point of entry to allow them into the US. By applying for a K-1 there is obviously an established intent to immigrate, so your fiance will want to bring as much evidence as possible to demonstrate their intent to return.

Land crossings? If you are citizens, no. Obviously your entry is recorded, but but your return isn't reconciled.

So if you enter the US and then return to Canada, Canada doesn't share with the US when you returned.

I can't speak for sure about what the US shares with Canada. Also not sure the above changes if using the Nexus card.

Again, I stress that this only applies to citizens and land crossings. Air travel entries and exits are reconciled, and non-citizens' (visitors and permanent residents) land entries and exits are reconciled. Entry/Exit reconciliation was supposed to be rolled out for citizens as well in summer of 2014, but they decided not to do it. http://www.cbc.ca/news/politics/border-agency-backs-down-on-cross-border-data-bank-1.2686791

Yeah, you should be pretty safe as long as the following criteria is met:

1) You are an actual bonafide employee of the Canadian company (ie. not a self employed contractor or freelancer).

2) The foreign company doesn't have an official US presence.

3) In the process of being paid, the money doesn't touch the American banking system.

Did you mean 'always' instead of 'only'?

I just wanted to make sure the OP didn't misunderstand and think that I was saying he/she could just start self-employment upon arrival in the US as an alternative to being an employee of the Canadian company. That would only come once they have employment authorization from USCIS.

Just to clarify, you can only work as a self employed person in the US once you have received your EAD.

Yeah, this is a hotly debated topic.

You're in exactly the same situation I was in. In technical terms, as long as you are an actual employee by the foreign company, you shouldn't run afoul of USCIS for working before you get your Employment Authorization card.

For practical purposes though, there are often headaches for both the employee and the employer. As a previous poster stated, you may have tax implications. If your Canadian employer is a smaller outfit, they may determine that it's just too much red tape to keep a foreign worker on the payroll. Contributions to CPP, EI, etc. Stuff like that. Everyone's situation is a little different.

In the end, we determined the best way to continue our business relationship was for me to work as an independent contractor.

I believe the phase of the program that was to put in place to reconcile land border entries and exits of CITIZENS was supposed to be implemented in June of 2014. I read recently that it was put on hold indefinitely. Earlier phases that applied to non-citizens (visitors and PRs) are still in effect.

http://www.cbc.ca/news/politics/border-agency-backs-down-on-cross-border-data-bank-1.2686791

I too tried investigating what is considered overstaying. Yes, you get 6 months per year. But ask 10 people and you will get 10 different answers as to what constitutes a "year". Is that in a calendar year? A 365 period starting from your first visit? Who knows? The criteria used to determine if you've overstayed isn't very clear, and depending on who's doing the math, you may or may not have overstayed. Mainly it seems to boil down to the discretion of the CBP officer.

In the end, I think if you are a Canadian citizen, and crossed at a land crossing, you can probably assume that your stay durations have not been recorded. I never had any problems.

Not going to judge your actions. At one time or another we've all said or done things that are counter-productive. As others have said, it would have been better to take the test, but that time has passed. Your refusal to do so is basically treated the same as a DUI in the eyes of the law in most states.

Will it affect your citizenship? Hard to say. I suspect that you will have to disclose that you have charges pending.

If everything went down as you say, a competent lawyer shouldn't have a problem turning the tables.

If you're traveling by air, it's safe to assume that the US knows when you arrived and left. Passenger manifests are tracked.

Traveling by land crossing is different. Up until three years ago, both countries didn't track anyone's departure...only arrivals. Now they have a new US/Canada initiative in place called "Beyond the Border" to reconcile entries and exits, but who gets tracked depends on your status in Canada. If you're a Canadian citizen, then no, the US doesn't track when you leave. If you're a permanent resident or visitor, they do. This initiative was to be extended to citizens earlier this year, but that phase has been put on hold.

http://www.macleans.ca/news/canada/minister-downplays-missed-deadline-in-canada-u-s-border-security-pact/

I'll let others with more knowledge comment on the overstays, but your question about relationship time is easy.

There is no minimum amount of time you need to be in a relationship, but (aside from some very limited exceptions) you must have met in person at least once within the two years prior to applying for a K-1.

Congrats and Good luck to everyone who has their interview I was wondering how many people were still on "acceptance"? My AOS status hasn't changed since the end of July, even though I had my biometrics on August 22nd and I already got my EAD.

I'm in the same boat. It sucks, but at least there's a little relief knowing it's not just me. I've been getting worried something was wrong.

I will do my best, thank you for your help!

Thank you for all your help!

I hope that they make more specific laws regarding working remotely in the near future so that others are not left with any doubt as to what they can and cannot do.

I agree, it would make life easier for a lot of people in this day an age. It's really stupid. If they want to make sure you're not taking a job from an American until you file to become one yourself, I understand. But why should Immigration care about employment in another country, as long as it's properly reported? It doesn't make a lot of sense.

The confusion for many of us who have employment restrictions comes into play when one is an actual bonafide employee of a foreign company, doing the same job after immigrating that they were doing before they moved, and getting paid in a foreign currency to a foreign account. If push came to shove, those in that specific situation may have a valid argument that what they are doing has nothing to do with US employment and therefore shouldn't run afoul of any USCIS employment restrictions. There's nothing specifically saying you can't do that, so there's the "grey area". But there's a lot of mights, and maybes, shouldn'ts in there. I hope I don't have to fight that battle.

But as a freelancer for this UK company and not an actual employee, you unfortunately don't have any claim to that "protection". The US government would then consider any work you do on US soil to be self-employment (regardless of what it is, who you do it for, or where the money goes), which is looked at no differently than any other type of US employment from USCIS's point of view. And even though the differences between the two situations are really just semantics, certainly no one who knows anything can argue that US employment isn't allowed as a K-1 until you get the EAD. As I say, consult a lawyer or USCIS. The answer will be the same.

For you're situation it breaks down very simply. The whos, the wheres, and the whats don't matter.

Freelancing once moved to the US = US Self-Employment

US Self-Employment = US Employment

US Employment not allowed until EAD, therefore freelancing not allowed until EAD.

Just because some others have done it without issue doesn't mean they're right, or at least that their situation was the same as yours. The same rules don't apply across the board. Anyone saying it's okay because the US probably doesn't know what's going on at your foreign bank may want to read up on a new little thing that just came out called FACTA.

In the end if you get caught, there may be consequences, there may not. Obviously I can't say for sure. But I'm certainly not going to advise you to go ahead and break the terms of your immigration.

For what it's worth, I've been in both situations in the few short months since moving here in July (on a K-1 as well). I have done hours and hours of research into the subject both before moving and after.

Sorry, OP. I've tried. Teddy B doesn't comprehend that working while self-employed - which is what you'd be considered in the eyes of the US government as a freelancer - in the US is still considered US employment...whether it's doing something remotely for a foreign company or not. As you know, that's not allowed as a K-1 until you get your EAD. End of story. And yes, I do have first hand experience in this subject.

No flags were raised, no questions were asked and approval was given by Border Patrol for my wife to work remotely while in the US as a tourist. I'm not sure what you're referring to, but it didn't apply in my wife's case nor does it apply to the op.

My wife was allowed entry as a tourist in B2 status which is up to 6 months stay and was given permission to work remotely in Canada by the US Border Patrol. Whether self employed or employed by another company has nothing to do with those stipulations. The two criteria that come into play are whether you are taking a job away from a US worker and whether you are getting paid in US funds. If there are distinct provisions that say otherwise, I would be happy to see wording from an official gov't site stating that. We consulted our accountant when it came to be tax time and was told that as long as she had paid taxes in Canada on the money she earned up until she received her greencard, she would not need to claim that income in the US. Our accountant prepared our taxes and put his name on them, I doubt he would do so if he wasn't confident in what he was doing.

To the op, you are entering as a K-1 and are considered to be work authorized immediately. I do think you need to ask the POE Officer for that stamp in your passport. So working remotely for you should not be a question at all.

Okay, please stop. Whether or not your wife was allowed to work with her B2 visa makes no difference. That's not what the OP is immigrating with so why would you assume the same rules apply?

And no, K-1's are absolutely NOT work-authorized immediately, which is the whole point to the OP's dilemma. They must either wait until their green card is issued, or at least get the Employment Authorization Card in the meantime, which usually takes 2 - 3 months after filing for AoS.

Thank you for your input and advice. I do understand where you are coming from. But the company is not my own, it is a UK based company which employs me to do the work, but I believe it is considered freelance as I am responsible for reporting my income (which fluctuates as work is inconsistent month to month) as they do not submit anything on my behalf? Am I making a grey area greyer?

Not grey at all in this case. I understand the UK company is not your own. The actual location of the entitiy you do the work for doesn't make any difference. If you are not an official employee of that foreign company, then any work you do for them while living in the US would be considered US-based self-employment. That's not allowed.

My wife was self employed as a book keeper at the time she worked remotely in the US, it doesn't matter. As long as you're not taking a job away from a USC and not getting paid in US funds, it doesn't matter what the description of your job title is.

This is terrible advice. Sorry, I'm not preaching here, nor do I care, but if your wife worked in the US under those circumstances before she had authorization, then I'm glad that it that didn't come back to haunt you.

If you are living in the US, are getting paid to do work, and you're not an employee of a foreign or domestic company, then by default you are self-employed in the US (regardless of whether you have officially set up a company in your name or not). Self-employed in the US = US Employment. There's no grey area here. That you are doing work for a foreign entity is irrelevant. YOUR employment is still US-based because in the eyes of the government you ARE working for a US company. It's just that in this case the "company" happens to be you and you are it's only employee. Go ahead and consult anyone at USCIS or any immigration lawyer and ask them if it will be okay for you to work as a self employed person in the US before getting your EAD. The answer will be an unequivocal 'No'. Like many other aspects of immigration, just because someone else was able to do it doesn't mean it's okay.

OP, feel free to take your chances. I realize that it's all really just semantics as far as who is getting paid for doing what for who and where, but your situation is very cut and dried as far as USCIS would be concerned. Sure, maybe nothing happens...maybe Immigration won't know, or even care...but you are potentially begging for trouble come AOS time if you do.

I understand and I do agree its not worth the risk without proper research.

The work I do is freelance so I have no set contract with them, so taking time off would not be an issue, they let me take each summer of whilst I work at a US summer camp anyway, so I'm not worried about losing my job.

It just seems so ridiculous that I cannot continue with the work, especially as I cannot do anything else during this time! It would not be taking a job from any US citizen and I pay UK taxes... boggles my mind thats all! I am certainly not disagreeing with you, simply baffled.

I think the key point that many of the commenters who suggest you are in the clear are missing is the FREELANCE part. If you were an actual employee of the foreign company AND everything was arm's length from the US, then I'd agree and say you fall into a grey area (one that I was in myself for a few months).

But freelance is just another term for SELF-EMPLOYED. And since you will live in, and be doing that work in the US, that would absolutely fall into the category of US EMPLOYMENT as far as IRS and Immigration would be concerned, which is obviously a no-no until you get your EAD. It makes no difference who that work is for or how you get paid.

They say up to 90 days from the date they received your application. Mine took about 60. Basically plan on 2 - 3 months.

Assuming she's a Canadian citizen, a passport only needs to be valid for the duration of your stay. http://canada.usembassy.gov/service/frequently-asked-questions.html

It shouldn't be surprising to anyone here how idiotic government officials are most of the time. You just have to go prepared and explain to them what is what, with proof so they won't think you're making it up. I've had my share of headaches with the SSA and they don't know what they're talking about half the time.

I think this is prudent advice any time you're interacting with government representatives for ANYTHING related to your immigration status. Even the CBP officers at my usual land crossing had no idea what my EAD/AP combo card was when I reentered the US a few weeks ago. I was glad I brought the sheet of paper that came with it explaining what it was and how to use it.

I Lied. I just checked my status and it hasn't even made it to Initial Review - still stuck at 'Acceptance'. It was received July 18. Though like I said, I did receive my AP and EAD combo card within about 2 months.

You should have three case numbers - one for adjustment, one for EAD and one for AP. Did you check those other numbers as well?

Yup, though there is a consulate in Calgary, it doesn't handle the Visa stuff. Welcome to another out of pocket expense to the process. I had to travel from Regina.

You also have to do the medical exam in Vancouver. This basically means that unless you want to make two separate trips, you'll need to be in Vancouver for at least three days, as you have to wait until late in the afternoon on the next business day to pick up the exam results (which you obviously need to take to the interview with you). Worse, the medical office and the consulate are quite a long ways from each other so it's not like you can stay somewhere that's in walking distance to both.

I was lucky enough to have relatives to stay with. I rented a car, which made the Medical trips easy, as well as doing a little sight seeing. The cheapest and easiest (not to mention less stressful) way to get downtown for the interview was to take the Skytrain. So take do some research on those routes when planning where to stay.

I wanted to make the trip as cost-effective as possible so I scheduled my medical for a Wednesday Morning, and my interview on Friday morning (leaving the necessary day in between to pick up the medical results). Flew in the night before the Medical and then flew back home late on the Friday after the interview.

Mine has been stuck at Initial Review since mid-July. I wouldn't worry. Did you apply for Advanced Parole and Employment Authorization at the same time? I received both mid-September.