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Loki_Go

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Posts posted by Loki_Go

  1. I'm so glad so many of us have been approved without an interview. I finally got my 10 year green card today and I was so happy... and ready to file for citizenship. Hopefully I'll see some of you over in that forum now :)

     

    For those still waiting, I'm sure it won't be long now. Even with an RFE you know someone's looking at it and it's in process, which is good news. Hang in there, you're at the finish line now!
     

    And I updated the spreadsheet today too ❤️

     

  2. 17 minutes ago, wbeem said:

    It's dragging that letter around with the card all the time that is a pain. I keep thinking what if the letter gets lost or damaged?!  :o 

     

     

     

    I use that letter all the time to cross into Canada and back and mine's worn along the creases, folded, stained lol. They still accept it. In fact, the last 2 times I crossed back into the US from visits to Canada I didn't even show them the letter, just my expired GC and my Nexus card. I just forgot both times.

     

  3. 19 hours ago, wbeem said:

    We also got one. We got not one, but THREE letters over the past 14 months saying that they are reusing biometrics for us. On Saturday we got biometrics appointments in the mail. I have no idea but I admit I'm glad it's not just us. I wondered if there was something wrong with our application.  

    Did they set an appointment date for you yet or were you just told you have to go redo them?

     

     

    They set the appointment for us for this Monday. Good thing I can make it with such short notice.

     

     

     

  4. 4 hours ago, Toy said:

    I woke up to new card in production. 

     

     

    Wonderful, congrats!

     

    I just logged in after so, so many months to check March filer statuses and I see about 28% have been approved without interview. That's great :)

     

    I *just* changed our address today so I hope it takes effect on time. Toy, our fingerprint date is the same so our fingers are crossed I get an update on our case too.

     

  5. 2 minutes ago, JFH said:

    It means that certain breaches of immigration law are forgiven for spouses of USCs. Illegal working and overstay are the main ones. So if you have done either of them and you are adjusting status as a spouse, you cannot be denied purely on that basis. 

     

     

    YES! I remember all that now. I remember actually telling others that very same thing. I've forgotten more than I know LOL

     

  6. 9 minutes ago, geowrian said:

    The reason it wasn't an issue is because unauthorized work is not a bar for AOS as the immediate relative of a USC. Whether it was allowed or not was not relevant to your case.

     

    Also I don't know what you mean by this. My husband is considered an immediate relative?
     

    I definitely remember this issue being very relevant to my case.

     

  7. 6 minutes ago, geowrian said:

    If one meets the bona fide resident or substantial presence tests (the latter being the key one here), they would be considered to e a resident alien for tax purposes and worldwide income needs to be reported. The FEIE won't qualify, but the FTC should still apply...avoiding the double taxation issue.

     

    Note that this is all a tax issue, not an immigration one.

     

    That's interesting. I'll have to mention that to my accountant because although he had over 20 years experience he hadn't worked with anyone in my situation. If I could not get double taxed, that'd be great.

     

  8. 2 minutes ago, geowrian said:

    You didn't have an EAD interview. You would have an AOS interview.

    The reason it wasn't an issue is because unauthorized work is not a bar for AOS as the immediate relative of a USC. Whether it was allowed or not was not relevant to your case.

     

    The issue of remote work remains a gray area that has no definitive rules on when it crosses over into unauthorized work (if ever).

    YES! You're right.  It was an AOS interview, my bad. My terminology is rusty after all this time. In fact, I received my green card in the mail before I got my EOD card. That card came about 4 days later.

     

  9. "To my understanding there is a definite issue about my company working with any clients based in the US as they are getting the benefit of me doing work indirectly for their business - open to correction on this? "

    Our customer base is probably 80% American. I think the key is to not work directly with them in the US, but you'll have to keep VPNing into a computer in your country and work out from there. Pain the butt? Yep. That's what I do. I definitely wouldn't connect directly and do work directly with them; now THAT I would see as working illegally.

    I also don't meet with any US customers over here. When I work I VPN into my Canadian company and do all my work on my station there.

     

     

  10. On 10/11/2018 at 8:35 PM, JFH said:

    There are two schools of thought on this matter. One is that you are considered to be working wherever your body is physically located whilst doing the work, regardless of who pays, where the client is located and where the end product is used. Makes sense as the money you earn will be spent here in the USA so it’s income earned in the USA. The other school of thought is that you are only working here if the employer is here and you are paid here. Unfortunately the rules were written before remote working was commonplace. 

     

    I’m with the first school of thought - you are economically active here. You are certainly liable for taxation here as you are physically present here. Try explaining that when it comes to AOS and they see that someone who cannot legally work here has been reporting wages on a tax return. 

     

    Is it worth it? What will you do about health insurance? You are gambling on exchange rates also. 

     

    There is a much simpler option if you want to work here from beginning. 


    Hi. I went through the K1 to EAD to green card process and worked remotely through the whole thing, over 3 years ago now. I still work for my Canadian company. I have no idea where this "body is physically located" stuff came from but that's not true. Now, I will caution I set myself up to ensure I didn't have my paycheque deposited directly into a US bank account. I still have my Canadian bank accounts and investments. My paycheque goes in there.

    As far as US taxes go all that money is considered "foreign income" and is not considered income earned from a job. Which is great for skirting the "no working" rule but it really hits ya hard around tax time because you're taxed twice on the same money.

    "Try explaining that when it comes to AOS and they see that someone who cannot legally work here has been reporting wages on a tax return."
    As I said, it's not an issue. My accountant correctly files it all as foreign income.

    Not everyone needs to stop working 6+ months through this process. I only missed one day of work, the day I physically moved my things to the US. The next day I lgged in remotely and continued on.

    And yes, this did come up in my EAD interview. He asked my husband what I did for a living and he followed that up with a couple more questions and moved on. It felt like he was testing us to see if we were going to lie about it and we didn't. And it wasn't an issue.

    I have said it before in this thread and I'll say it again, if anyone has the opportunity to continue working remotely it is a viable option. I don't know why people speak on things that they have no experience with and come up with these "where the body lies" theories. It's simply not true.

     

  11. Hi Damara, I successfully worked online throughout my K1 immigration process. I'm from Canada and my Canadian company kept me as an employee, and when I moved to the US in Sept 2015 I just kept working remotely. I missed just one day of work for the actual move.

     

    It is a grey area, and it did come up in my AOS interview, but the officer didn't care and I suspect there wasn't really anything he could do anyway. And when he brought it up it was more about if my husband knew what I did for a living as opposed to doing anything wrong. It seemed like he was aware I was still working, it was never a question of IF I'm working but what I do, so I wouldn't be surprised if he already knew of my situation. We were upfront about everything and never lied.

     

    In fact, I still work remotely for my Canadian company. It worked out so well... I avoided having to wait the 6+ months to earn income. That was a lifesaver.

     

    I would be cautious of people who say they have a "friend" that says this and that and doesn't have any first hand knowledge.

     

    Note: Taxes are a pain, you'll need to find a qualified accountant to sort your situation out. I need to file in both the US and Canada and I'm taxed in both countries. It was still totally worth it and I'd do it again in a heartbeat.

     

  12. 6 minutes ago, iPod said:

    1. The I-551 is a stamp you can get on your passport for when the 1 year extension letter expires. https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs

     

    From what I have read, you can get it 30 days before the extension letter expires. 

     

    2. I'm not sending it since I also suppose they already have it. 

     

     

     

    Good thing I asked lol. I guess I don't understand though; I already have one in my passport. Do I get another one when the 1 year extension letter expires?

     

  13. ...and here we go again. My GC expires April 1st and we're sending our package off on Saturday. I've been reading through your posts and I have a couple questions:

     

    1. what's this I-551 "form"? Is that just the actual green card?

     

    2. you've all sent way more than we did. Why send things like a marriage cert? They already have that on file. It doesn't prove anything over the last 2 years, no?

     

     

     

  14. An interviewer will throw all kinds of curveballs at you during visa interviews. We had a couple thrown at us during my AOS interview. Sometimes they try to see your reaction or try to trip you up. I know the demeanor of our CO doing my AOS interview seemed to turn on a dime at times.

     

    You have a tough embassy with a high fraud rate. Only you two know how genuine your relationship truly is and that your fiance isn't just seeking a US visa... and you'll have to prove that to the COs along the way. It'll be a steep hill for sure.

     

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