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AstoriaAOS

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  1. My inquiry still stands, since the question in the I-485 on unauthorized employment doesn't specify unauthorized employment "during the I-485 application". So let's change it to a hypothetical: if your fiancée were to marry and adjust status, how would she (hypothetically) answer Party 8 Question 16 (again hypothetically). And if, hypothetically, she does not plan to adjust status, one must ask why she's bothering to enter on a K-1 when it's just as viable to enter on a B-2 to marry and return to her home country... Food for thought I guess.
  2. @mongo, how do you and your fiancée plan to answer Part 8 Question 16 on the form I-485 regarding unauthorized employment? (1) You say "No" + USCIS thinks it was unauthorized employment = Misrepresentation (2) You say "No" + USCIS thinks it was not technically employment = Everyone's happy (3) You say "Yes" + USCIS thinks it was unauthorized employment = No bar from adjustment (4) You say "Yes" + USCIS thinks it was not technically employment = Doesn't really matter because still not barred from adjustment Is putting all those eggs into basket (2) really worth the risk of basket (1)?
  3. I don't see why the company matters, but sure. So if your fiancée isn't an independent contractor as defined in Section 274a.1(j) or a casual domestic worker as defined in Section 274a.1(h), then she would be categorized as an employee by Section 274a.1(f). As stated there, only the two categories above are exempt from being considered an employee, and since she's not in either of the exempt categories... I would consider her an employee. Unfortunately @mongo I don't think your case holds water.
  4. How do you mean that 274a.1(f) doesn’t require it? Because they count as an independent contractor?
  5. https://www.ecfr.gov/cgi-bin/text-idx?&node=pt8.1.274a#se8.1.274a_11 Section 274a.12(a)(6) requires that nonimmigrant fiancé(e)s have EADs issued by the Service (USCIS) in order to be authorized to accept employment. Section 274a.1(h) defines employment as "any service or labor performed by an employee for an employer within the United States, including service or labor performed on a vessel or aircraft that has arrived in the United States and has been inspected". The fact that this definition specifies labor performed on a vessel or aircraft leads me to believe that "within the United States" refers not to the location of the employer but to where the service or labor is performed. If OP's fiancé(e) works as an employee for an employer, then I argue that they will need an EAD. But what is an employee/employer? Section 274a.1(f) defines employee as "an individual who provides services or labor for an employer for wages or other remuneration but does not mean independent contractors as defined in paragraph (j) of this section or those engaged in casual domestic employment as stated in paragraph (h) of this section". Section 274a.1(j) defines independent contractors as "individuals or entities who carry on independent business, contract to do a piece of work according to their own means and methods, and are subject to control only as to results. Whether an individual or entity is an independent contractor, regardless of what the individual or entity calls itself, will be determined on a case-by-case basis. Factors to be considered in that determination include, but are not limited to, whether the individual or entity: supplies the tools or materials; makes services available to the general public; works for a number of clients at the same time; has an opportunity for profit or loss as a result of labor or services provided; invests in the facilities for work; directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done." I think this particular case boils down to whether OP's fiancé(e) counts as an employee or independent contractor according to the definitions laid out above. If they engage in work as what is considered an employee, then an EAD will be required as outlined. If they engage in work as what is considered an independent contractor, then maybe not.
  6. If you’re absolutely sure that it’s legally airtight and that the father has no custody, then it should be fine. Just because he’s not recognizing his son now doesn’t mean he won’t in the future. If he can still press for custody in the future, you and your partner may be engaging in international child abduction. Just keep that in mind.
  7. I assume probably that they're actively reviewing your form I-130 and the associated evidence that was provided.
  8. Okay, this is why English is annoying. Did you mean: (1) They came on vacation with you a week after you asked their mother to marry you. (2) A week after they came on vacation, you asked their mother to marry you. Two very different scenarios.
  9. I’m not sure the I-290B will be worth the effort / time / money. I would refile the whole AOS package.
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