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procs054

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Posts posted by procs054

  1. it's not exactly clear if you're allowed to work online for a foreign company while having no valid work authorization for the usa. like many laws, this is one that has not kept up with the changing technology.

    however

    Chapter 3 of IRS Publication 519, US Tax Guide for Aliens. Any income from services performed for a foreign employer by someone present in the United States is deemed “US source income” unless that income meets ALL THREE of the following conditions:

    1. total annual earnings from such services is less than $3,000;
    2. the nonresident alien is physically present in the United States for not more than 90 days in the year;
    3. the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

    So it seems that if you come to the usa and file for EAD immediately, it should not be a problem.

  2. for the k1 application, i-134 for part 11 about whether you intend/do not intend/how long etc, you can leave the check box blank and just put (N/A FOR K1 VISA).

    later when filing for green card based off a k1 visa, you/cosponsors will file i-864 for support/sponsorship, there is a mandatory support period that lasts until the sponsoree becomes a us citizen or works 40 credits of social security, this is the only way the sponsor can become free of their obligations.

  3. okay so you applied for i-129f. noa2 date with june 15th. and your finance bought a ticket to usa for 2 weeks. it is unlikely the visa will be issued in time for the visit, as it takes about 5 months from noa2 date for the visa to be issued. so unless your finance has a b1/b2 visa or some other visa allowing entry to usa, they will be denied entry.

    as far as scheduling the interview, depending on the embassy, it takes anywhere from 2-4 months from the noa2 date to when the interview will be scheduled. you will not receive a call, the embassy will send an email and a instruction packet with steps on scheduling the interview.

    so unless your finance has a valid visa for usa, cancel the trip.

  4. situation is this.

    1. currently employed, meeting i-864 requirements

    2. filed aos for k1 i-465 last week as the only sponsor on the i-864

    3. company offering voluntary separation package and i'm considering taking it. last working date TBD. from a few weeks to a few months.

    what are the impacts to the aos if i take the separation package and am unemployed while the AOS is pending?

    Thanks.

  5. the beneficiary should receive a packet of instructions aka packet 3 from the embassy.

    alternatively, you can contact the embassy or NVC to see what's up. NVC would also know if the embassy received the case, if they've sent out the packet or whatever.

  6. Okay so I have my visa interview scheduled for K1. but 7 days later, I'm planning some out of the country travel. So I am extremely reluctant to give them my passport at the interview since I am worried I will not get it back in time for my travel.

    This appointment was the only time the embassy had available, and I spent weeks checking the appointment website to try and find another appointment, it was always, no appointments available at this time.

    So does anyone know anything about possibly submitting your passport after the interview?

    Thanks

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