acgmph

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

This is the argument that lawyers made pretty clear for me, and as I said in previous posts related to this topic: it is an intertwined legal issue with immigration on one side, and taxes on the other. To summarize I will say this: because you become a US tax resident as soon as you land (on IR1 or K1) you have to declare to the IRS all your income for the year (e.g. if you move to the US any part of the year, you have to file US tax return for that year). For part of the income for the year (the part that is realized outside of the USA) you will file 2555 or 2555EZ (Foreign Earned Income Exclusion - if you qualify under the bonafide resident test OR physical presence test), and for the part you realize while in the US you will be taxed by the US government (it doesn't matter who employed you, where you were paid, in what currency, and even if you worked from home.) Now, because you don't have an EAD, but you had income while you are US tax resident (irrespective of where the money came from, in which bank account, and even if you work from home), you would be in violation of the immigration act.
To answer OP's question: you can only do this until Dec 31 because moving from a tax treaty country (The Netherlands has a tax treaty with the US) in the last 90 days of the year, you are still a Dutch tax resident until Dec 31st and can satisfy both requirements for 2555 and 2555EZ (physical presence test OR bonafide resident test). Come Jan 1st, you will be a US tax resident.
As you probably know, US tax laws are very strict, meaning that even if you move out of the country, you still have to file tax returns and pay US taxes (LPR or USC). So it should come as no surprise that you cannot work from home for a foreign company while on US soil while maintaining your foreign employment contract and getting paid in a foreign bank account in a foreign currency - remember: the US has tax treaties with many countries, and those countries will report to the IRS all your income and bank account information, with or without your approval.
To the poster that said that coming on holiday and working means you need to pay taxes: incorrect, because you are a bonafide tax resident of another country when you're on holiday and working from here. Same with B1 visa. Tourist visas do not count for tax purposes - because you cannot legally work with one of those while in the US.
Now... getting caught is another thing - do what you will on your own risk. I have given you the legal perspective discussed with lawyers from Fragomen.
I am waiting for my EAD and binge watching Netflix. Not ideal, but not too bad...

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Anxiety doesn't help, it will only make it worse for you and might make you miss some important details on forms and such. Make sure you check, double check and triple check everything, one at a time. Take a deep breath...
Here's what needs to happen for him to work:
- apply for marriage license in your location - courthouse/city hall/county office... whichever applies to your location
- get married - aka have a recognized officiant sign your papers
- ask the officiant if you yourself can take the marriage license back to where it was issued so you can have your marriage certificate in hand asap - this can save a lot of time (3-6 weeks)
- prepare your I-485, I-131 and I-765 with all supporting documents and needed things (like check for $1,070 for all 3 forms, 6 photos, translations if needed, etc.) - see the guide here Adjustment of Status Guide (K1 & K3 Visa Holders and tips here K1 Visa Adjustment of Status Tips
- submit your documents
- he can get a SSN while he waits. No need to go asap, he won't need it until he gets the EAD, unless you want health insurance and such
- he will get 3 NOA1s
- he will get a biometrics appointment letter from USCIS
- wait for 60-90 days until he will have the EAD
- he can apply for jobs towards the 60-day mark and have an offer lined up for when he will receive his EAD if the employer is OK with this arrangement
Good luck!

You need to guide yourself by the rules of the place where you will be using those documents. If you send to USCIS, then only send English or English translations. If you send to your local consulate, then English or Vietnamese. I used English and English translations for USCIS and English or Dutch documents for my local consulate. So far so good.

You need to guide yourself by the rules of the place where you will be using those documents. If you send to USCIS, then only send English or English translations. If you send to your local consulate, then English or Vietnamese. I used English and English translations for USCIS and English or Dutch documents for my local consulate. So far so good.

Why I'm moving to the US...?
a) Adventure. Pure and simple. I get one life. Do I want to spend that living and working as a wage slave in one country or do I want to truly live life and explore. I don't want to get to 80 and think 'If only'. I want to get to 80 and think 'Remember when'.
b) I pay alot of taxes here in Australia. Not dissimilar to acgmph, I pay close to 50% of my wages in tax. I then get slugged for special taxes. And we have a cultural movement here in Australia that says I ought to be slugged even more because I am considered one of the 'rich'. Like my near six figure tax bill isn't enough. They now want more. And think it's ok to abuse me for working hard to get the wage I get because somehow, it just landed it my lap and I ought to give it to people who don't work because they deserve it more.
c) Housing affordability is appalling in the big cities. We bought when the market was under control somewhat. Our house has tripled in value since we bought it seven years ago. If we were wanting to buy into the housing market now, we would not be able to afford it.
d) Love for the US. We're not stupid. We know the US isn't perfect. No country is. The trade-offs we make moving to the US are offset by the advantages. Lower tax breaks that reward people who work hard being one. Cheaper cost of living than in Australia.
With all due respect, Alex, if all those Greeks worked three jobs, then Greece wouldn't be in the situation it is in. It had a grand plan of a society that balanced work and home and - IMO - they got the balance wrong. Early retirement, generous pensions, a massive civil service.... all of it was unsustainable but, by the time the leaders figured out it was unsustainable, it was part of Greek society and part of the cultural fabric. Your partner, with all due respect to her, is reflective of that. She is financially supported by anyone but herself. And she likes it that way. She isn't working three jobs. Others are to keep her afloat. Until Greece resolves that issue - and I think it's cultural more than financial - it won't dig itself out of the hole it has found itself in.

You say that The Netherlands has good salaries, access to healthcare and low crime rates. Let me break it down for you:
- Good salaries: that's relative. See below where I talk about tax rates and housing. You're left with nothing at the end of the month when all is paid for.
- Access to healthcare: you still have to pay for it, just like in the US. After Obamacare, access to healthcare is no longer an issue. Yes, it's 3 times as expensive in the US, but I don't mind, as I know the medical service quality is better in the US than in The Netherlands.
- low crime rates: sure, that's true. In the US it depends where you live. It is a BIG country. You know how big it is? Bigger than the whole of EU. One country. Bigger than the EU. Puts things in perspective, doesn't it? You hear about Philadelphia (aka Killadelphia) that has high crime rates. I have never felt unsafe here. Never! And my wife goes to school in Chester (no. 5 crime rate in the country) and works in North Philly (also high crime rates). People are generally genuine and nice. High crime because high unemployment and low education. But things are improving.
Here are my reasons to leave Europe in general, and Holland in particular:
- aside for meeting my wife (who's American) there and after we both decided that The Netherlands is not for us, we moved to the US.
- My expertise and experience earned me a decent salary in Holland (think between 70 and 90,000 Euros per year brutto)
- But I was paying A LOT of taxes - the highest tax bracket is 52%!!! which is insane!
- And what was I getting back for those taxes? Nothing... Because I still have to pay medical insurance by myself, rent and house prices are insane and not justifiable so you cannot get affordable housing, unless you have a partner that earns some money, otherwise you are forced to live in a very small and cramped one room type of place. Or even in a container or small boat house. Also food is expensive and has no taste at local supermarkets - if you want taste you have to pay insane prices for imported food, because Dutch food sucks (especially locally produced legumes)
- Small country - only 17m people and in one hour from Amsterdam I can be in another country, with a different language and culture. Yes, that's cool as a tourist, but not if you want to have a larger market place for your business. Everything is hyper-localized.
- Social tensions: there is a lot of racism in The Netherlands. I know... your opinion is different because you hear the Dutch are all so nice to foreigners and people of color, but it is not true. If you are not Dutch, then we hate you, because you come here and steal our jobs and we have to pay for your country because it sucks. Segregation is just as bad as in the US South. Black immigrants do lower paying jobs. Even if you're 2nd generation, you're still an alochton... Oh, and on top of that, we have a ton of Syrian immigrants coming our way, to put more pressure on the workforce and drive down salaries so that companies make even more money... insane...
- Not to mention the fiscal paradise that Holland is, with PO box companies that have no lucrative business in the country, but get tons of tax breaks. This screws up the regular folk who in turn pay more taxes for those companies to get benefits and tax breaks. Some of these companies pay 7% tax... while I was paying 52%... see the difference?
- work culture sucks, with employees busting the door open at 5:00 and no-one is left in the office past 5:01. Nobody takes any responsibility for their work and is a general laissez-fair when it comes to work. They do it because they have to, but there is no drive an motivation. I am the opposite of that, so I could not make it work for me
- entrepreneurship is frowned upon. Everyone and their sister tells you how many risks you are taking if you start working for yourself, or God forbid!, open a business
- did I mention the insane tax rates? Also, if you open a business you have to pay higher taxes than those PO box companies. Yes, it's fair... isn't it?
- society wants you to be average. Because otherwise they might have to get up and do more. And no-one wants to do more. No-one wants to do anything in that country...
If you have a minimum income type-job and you like a government that is smothering you and makes sure you don't have to do anything special to live (like working), and you have no desire to make something for yourself, if you want to be just average, then Holland is for you. If you want to succeed and be more than just average, then look somewhere else. Societies like The Netherlands will fail if they don't change.
Don't get me wrong, there are a tons of good things about Holland: like scientific research and such, Duchies are very good with building anything on and around water, architecture, etc. But those things alone do not make me want to live there.
There are so many more reasons that I could go on forever about. The bottom line is, it didn't suit me nor my wife. I know the US isn't perfect, but god-dammit, if you do work hard, and have a little bit of luck, you're going to make it. I know the general consensus is that is no longer the case, but I do believe in it! So now my wife is doing her PhD and I am waiting for my EAD so I can start working! While writing this I received all my AOS NOA1s in the mail
As per your situation... even though I should be PC and not say this, I hate being PC so I will say it regardless: If I were you I would move to the US. Your girlfriends sounds just like those people that I was talking about - wants to be taken care of and not want to be too much outside of her comfort zone. I would rather do a minimum wage job in a rich country where there is a strong work culture and you can progress and earn more and more as you go up the ladder, than a minimum wage country in a bankrupt country with political instability that changes it's government like I change my socks. Also, greeks are known for not being very hard working and also not very fond of paying taxes either. If that's you, then better stay in Greece, you will not make it in the US.

It's your life, you cannot ask anybody else to make a decision for you. No matter what everyone's opinions are... it is YOUR life and YOUR decision.
Personally, I would not return to live in Europe. Ever.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

Here's what can happen: she gets close to the 90 days from her conditional GC expiring and will ask you to sign the ROC form. You say no. She gets an immigration lawyer that tells her she needs to divorce you. She divorces you. She gets the waiver. You cannot do anything to stop her. Stop thinking of ways to get her. Even if she is not an LPR, but a foreign citizen, she is still allowed to appear in court for the divorce if she so chooses and make your life a living hell... USC or not, LPR or not.

She can divorce you as easily as you can divorce her. You can't stop a divorce. My divorce was final in December 1998 but we are still in court fighting over things as of this month.
She can file for divorce and file to ROC with the waiver. If the divorce is not completed by the time she files she can request an extension by showing the filing of the paperwork with the court.
She could also claim VAWA as you are using her immigration status to blackmail her into agreeing to your terms on the divorce.
You cannot stop her ROC and you cannot get out of the I-864.
Stop worrying about her immigration status and get your life together.
And just because she may be in another country she still has the right to contest the division of the property and ask for spousal support. Don't think getting her out of the US will protect you in the divorce. Or if she stays and is not in status nothing will happen in divorce court, immigration isn't going to show up and arrest her, even if they do she can still contest the divorce from jail.