Lemonslice

Realistically, you are looking at years of separation (unless you are able to visit her long term while you wait), and tens of thousands of dollars in legal fees.  I am not sure how serious things are with your fiancée, or how feasible/palatable the idea of living away from the US is for you two, but you might want to have serious discussions about all that together before going further.  

Realistically, you are looking at years of separation (unless you are able to visit her long term while you wait), and tens of thousands of dollars in legal fees.  I am not sure how serious things are with your fiancée, or how feasible/palatable the idea of living away from the US is for you two, but you might want to have serious discussions about all that together before going further.  

The problem is many countries would not accept him with such a history.

The lawyer sounds very realistic.

This not answer my question. Am just ask a question   . This is my personal life I don't need to answer it. This your opinion not mine. 

We aren't lawyers here, so we can't give legal advice.
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VJ Moderation

So you're marrying because if that? It's not going to look good if USCIS ever suspects it.
 
"Illegals" (I wouldn't use the term) do get deported. "Illegals" get stuck in limbo or go through a lot of effort getting waiver. The ones committing fraud get permanent bar.

Quite simple if working is an issue do not go the K1 route.

Thanks for the info!  As I stated, not an economist or a lawyer and this perfectly spells out the information I needed.  I apologize for my attempts to make sense of this, but finally we got some real clarity on the issue.  Thank you again!

"suppose my fiance owns properties in South Africa, which he rents out as passive income.  Is he expected to sell these properties in order to qualify for a work auth? " - then, it is an investment, and no, he is not expected to dispose of his investment (real estate, or otherwise).  
 
"There's not even any way to report these earnings to the IRS because it's literally none of their business." - The IRS will certainly be interested in your worldwide income and sources of revenue.  You probably won't pay taxes, however, you do have to declare them.  Same goes for assets abroad (google FBAR to get started).  
 
"I'm neither an economist or a lawyer but I am struggling to see the drawback to make this illegal. " -  No one is saying it is the most logical law and rules, and in some ways rules from one entity will contradict rules from another, however as soon as you work and receive compensation/expect to receive future compensation, while physically in the USA, is where it gets darker grey, than simply "grey area".  
 
Best of luck to you and your family.  

"suppose my fiance owns properties in South Africa, which he rents out as passive income.  Is he expected to sell these properties in order to qualify for a work auth? " - then, it is an investment, and no, he is not expected to dispose of his investment (real estate, or otherwise).  
 
"There's not even any way to report these earnings to the IRS because it's literally none of their business." - The IRS will certainly be interested in your worldwide income and sources of revenue.  You probably won't pay taxes, however, you do have to declare them.  Same goes for assets abroad (google FBAR to get started).  
 
"I'm neither an economist or a lawyer but I am struggling to see the drawback to make this illegal. " -  No one is saying it is the most logical law and rules, and in some ways rules from one entity will contradict rules from another, however as soon as you work and receive compensation/expect to receive future compensation, while physically in the USA, is where it gets darker grey, than simply "grey area".  
 
Best of luck to you and your family.  

FWIW, our lawyers told me the opposite, said work like that would require authorisation and not to risk working illegally. 

Just because one can…doesn’t mean one should. Only IR ‘s are “forgiven”. …

https://www.grossmanyoung.com/blog/can-i-work-for-my-foreign-employer-while-physically-present-in-the-u-s/

This is a grey area of immigration law, but based on a review of relevant legal precedent and practice, we believe the best answer is “NO” because: 
Immigration laws require an employment-authorized status for any “employment” in the U.S.:The immigration regulations at 8 CFR 214.1(e) clearly state that a temporary visitor in the U.S. is prohibited from engaging in any employment “unless he has been accorded a nonimmigrant classification which authorizes employment” and that “[a]ny unauthorized employment by a nonimmigrant constitutes a failure to maintain status.” The question is whether remote work for a foreign employer constitutes employment under the immigration laws.  It is our opinion that it does.   The employer compliance provisions of the immigration laws apply to foreign employers with employees in the U.S.: Even though they are based in another country, foreign employers who employ foreign nationals (FN) who are physically present in the U.S. are subject to employer compliance laws as outlined by INA §274A. These employers cannot employ a FN who is in the U.S. without having a U.S. agent to act as their representative before U.S. immigration authorities. Immigration authorities can discipline the foreign employer via the U.S. agent for employing a FN who is working for them in the U.S. without work authorization.  It may violate U.S. tax law:Foreign nationals without work authorization are prohibited from earning “U.S. source income.” Income is of a U.S. source if the services provided in exchange for it occurred while the FN was physically present in the U.S. It doesn’t matter if the FN was paid by a foreign company via a foreign bank account or even if the income came from freelance self-employment. U.S. source income of any kind is subject to taxation by the U.S. federal government. Earning such income without U.S. work authorization means it will likely not be reported to the Internal Revenue Service (IRS) and therefore not taxed, ultimately violating U.S. tax law.  Further, paying people to work while physically present in the U.S. could create corporate income tax exposure for the foreign employer, since the employer would likely be deemed to be engaging in business in the U.S., resulting in a requirement that the foreign corporation allocate a portion of its worldwide income to the U.S. and pay U.S. corporate income tax. Since each case is different and fact-specific, we recommend you consult with a Grossman Young attorney if you have questions about your ability to work while you are in the U.S.  

Hi there, I spoke with many immigration lawyer say like 5-10 they all told me being single is the most risky given my situation. If you are married to US Citizen then can't deport you at any cost or revoke your GC. Even Illegals who marry US Citizens don't get deported. So the law very strict and protect if married with US Citizen Again all Lawyers said it will be hard to prove that I did any fraud as I had intension to work and plus if anything the employer did not hire you after you got the Green Card. Worst case I can apply for a waiver so my GC will not be revoked and apply again for citizenship. Also lawyers have said sponsor employment will never come up as in N-400 application I will be listing last 5 year employment history and I will state Financial Analyst which will be similar job as the GC file. The GC file was filed under Accountant by the sponsor.  Under US Law you are allowed to work in something same or similar even if you did not work for the sponsor. Finally if for any any reason IO officer want to check further about case they will have to hire fraud unit and call the sponsor. But if the Sponson company will be shut down this year, how can they find any proof why I did not work. Just saying I think I am pretty much covered. Also normally most times they don't go back 12 years back. Just saying this is what lawyers have recommended..

The stamp will still be valid until expiry.
Regardless of the scary denial letter, in law you remain a LPR until an immigration judge says otherwise (with a final order of removal) and you are entitled to a hearing with an immigration judge before that happens.
If you were denied last week it is highly unlikely an NTA has been issued already, and zero chance a hearing has been held in abstentia on that timescale. So you can relax..a bit. 
 
So, you are good to board and travel, and with a stamp you will have the customary slightly annoying but polite visit to secondary to verify your status once you land. 
I've done it myself many, many times with a stamp after denial... with the slight caveat that I've only travelled after refiling and having a new receipt number in the system.
I've never travelled after denial but before refiling. 
Now, in your situation, they should stamp you in as as normal (which would be stamped ARC or LPR), but what should happen, and what does happen may be different. Whether they do that or parole you in I'm honestly not sure. 
 
Please update us as as to what happens, as info for an entry under these circumstances is seriously lacking, and I can add it to my bible which will help many, many, others (including myself). 
 
 
 
You also need to go to the EOIR site HERE and stick your A# in and see if anything shows up. Please post back the results of this asap. 
 
 
Also, an I-751 denial has little to do with excess periods out of the US, and that is very odd if it was denied on that basis alone. That would be dealt with very differently. Can you post the exact wording of the denial letter (or a photo, redacted of course)?

Your K-1 visa should be on one of the pages in your passport.  You need only your passport (with K-1 visa) to travel.  Upon entry into the US, you will surrender the envelope that is marked "Do not open". 

Do not sign the I 407

A K-1 is intended for those who intend to marry.  It seems more visits and time together would be the best route.  She can certainly apply for another B2, but the consulate officer will evaluate her merits.  By law, all B2 applicants are already assumed to have the immigrant intent.  It is her responsibility to overcome that obstacle and convince the consulate officer that she intends to return to home country after her authorized visit. That might be difficult.  Good luck.

A tourist visa.

Yes, if the extension is not approved, then all the time accrued since the I94 expired counts toward an overstay, the B2 is lost, and a bar would be in place.  Not really a good gamble IMO.
 
Good Luck!

Would be the easiest/cheapest thing to fake - $20 stamp and you're good to go.  I've ordered "official" stamps and the verification process was... let's say minimal.  Always bothered me.

Would be the easiest/cheapest thing to fake - $20 stamp and you're good to go.  I've ordered "official" stamps and the verification process was... let's say minimal.  Always bothered me.

I do not see what BA did wrong.

I think there should never be expired Green Cards in the first place. Extension letters, stamps etc confuse other countries and airlines. USCIS should be printing limited term green cards whenever somebody is waiting for N-400, renewing GC or waiting for I-751.

I'm sorry you're going through this. USCIS can only assure you can leave and reenter the US on I-551 stamp. They cannot assure you can transit via other countries with the stamp / green card / anything else. Those are details the traveller must check independently before planning the trip.