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art1234

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Profile Information

  • City
    Austin
  • State
    Texas

Immigration Info

  • Immigration Status
    K-1 Visa
  • Place benefits filed at
    California Service Center
  • Local Office
    Harlingen TX
  • Country
    Latvia
  • Our Story
    Met online in mid-2016... lived and traveled together in different parts of the world for more than 2 our 3 last years. Got engaged at 3.23.2019.

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  1. We applied for AOS back in May 2021 when my wife (USC) was working part time job. We used her income and our shared liquid assets (worth 5 times the minimum amount required at the time). However she decided to quit and focus on studying as we had no use of the extra few dollars they pay these days in retail jobs. In mean time my EAD arrived about two and half months ago and I (alien) was able to find a 6 figure job and I’ve been working for one month already. Right now we got our case status changed to Interview Was Scheduled. And my wife’s all worried that she must find another part time job otherwise she thinks they’ll deny our case. I keep reminding her that we have enough liquid assets (7 times the minimum amount now) and also they should consider my income from my job in US as well. It is after all about whether or not I could become a public charge. So my question is if anyone has gone through a similar situation when alien can make enough income that USC don’t even need to work and what did the interviewer thought of it?
  2. Yeap. But at the same time if you're 6-12 months in processes of K1 it makes no sense to abandon it for that reason because it would just double the time waiting. Waiting in our love based cases is worst thing ever...no idea why we do it to ourselves from logical stand point.
  3. It is not the same as home vs coffee shop vs office. It about working for entirely different country and company that has nothing to do with US. I don't how from moral point of view working for company in UK can be harmful to US workforce, because thats what original immigration law is about - don't take away jobs from locals before you get a permit. Say I would own a business in Narnia for what I perform certain duties, possible to fulfill from anywhere in the world, and marry US citizen - do I have to throw it away for one year just so that potentially I wouldn't break unclear rule which appears to be forgiven anyways even if you DID work for entity in US illegally? These types of misleading posts are all over on the internet and are usually from people who have no first hand experience in remote work under these circumstances. I would advise this topic to be only discussed amongst people who have dealt with similar situations. Everyone else just muddies the water with their 2ct. Having said all that if anyone is in the spot of choosing between K1 or CR1 with similar remote work possibility - CR1 would be my choice any day out of the week. K1 is built so that the potential immigrant would be as miserable as possible and be on hold for up to 2 years since all this covid situation. You cannot drive, open a bank account, cross internal CBP without stress, etc for longer than you think you'd be okay with it. So it's better life experience to live abroad for both parties till the CR1 is approved.
  4. Nope. We had enough savings to outweigh the minimum requirements times 3 or 5. I had the same impression before, but remote work for company outside of US is considered illegal by some interpretations because, like I said before, nothing in law states about remote work.
  5. I guess it is worth updating here what happened with my case since I see people referring to this thread few times. At this point my EAD case has been approved and AOS case is waiting on interviewed to be scheduled. (Not a legal advise) According to my ongoing experience remote is forgiven at least until the point of interview. But certainly I was not able to use my remote work income to supply I-864 requirements. We were able to substitute the income shortcomings with our liquid assets worth well above of minimum threshold times 3 or even times 5. In my humble opinion these laws should be updated to meet 2021 standards. Back when current version of the illegal vs legal work law was written remote work was a sci-fi fantasy.
  6. Situation update from the OP if anyone’s interested… they’re printing my new EAD card right now - means it was approved and the main AOS case is ready for interview to be scheduled. So, as much as it is not an legal advise, it doesn’t seem to cause any big problems at least until interview. Let’s see what happens in the interview. But like I kept mentioning it in other posts if they had seen an issue with remote work I’d be typing this from Europe already. You most certainly cannot include the income from remote work in I-864 so worth keeping that in mind.
  7. Update on this: We sent a response to USCIS today with about 150 pages of bank statements pages worth of 12 months from both of our banks (should have use credit card for minor purchases 😂). We prepared new I-864 form without my (intending immigrant’s) income and the difference between my wife’s current part time job income and minimum income requirement is exceeded 7 times with assets. So it should, theoretically, be fine. Will post and update here when and if the interview happens. Thank you all for inputs in the thread.
  8. You make a lot of sense. If my violation would be unforgivable I'm pretty sure I would have been deported already.
  9. Thanks for your input. Do you think I shouldn't send explanation on why I included my income previously? Let's just assume my remote work is illegal I would then think there's no point explaining it as it would be forgiven anyways.
  10. Wondering if there could be any bad consequences of asking expedited EAD for a wrong reason?
  11. Hope your right. For future reference for others who plan to do K1 and remote work while waiting for AOS - CR-1 seems to be much less headache and would’ve gone that route if I knew what I know ahead of time.
  12. Thanks. And yes we are thinking of detailed explanation letter and in case we didn’t understand the rules correctly ask forgiveness since it under spousal immediate relative section. I think if we don’t acknowledge that we might be wrong and write a defensive letter we might as well leave US now.
  13. Yeap that is the route we intend to take. We will write a statement letter explaining how we understood their policy manual and ask for exclusion of my income and overall forgiveness in case we have miss interpreted the rules.
  14. There was a field for other household member’s income (including intending immigrant’s) in form I-864. We thought it would strengthen our case cos more is better. But apparently it just caused issue.
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