mattmattmatt

Hi, I'm over in the States with my spouse. We have been accepted for our Greencard but it's seemingly taking forever, made even longer because of Covid. Doesn't look like it will come through until Mid 2021 possibly, earliest.
We had to redo our 01 Visa Extension to bridge the gap. I got a request for more info last week. I'm a little worried if I'm honest as I'm not 100% sure I can provide the info they need.
My spouse hasn't heard back yet but I'm 99% sure she'll be fine.

My question is, or asking advice really, on what to do in the worst-case scenario that I don't get accepted. Will I have to leave the country straight away? Will I be able to stay if I don't work?
The reality is that we will both need to work so I'd probably have to go back to the UK and work until the Greencard comes through. If that's the case, can I regularly visit the US for up to 2 months at a time on a tourist visa?
If so, could I work remotely here for a company in the UK if need be?

A lot up in the air and a lot of questions. I'll ask my lawyer about this too down the line, but would like to have an idea before I do so. Read a lot of posts on here so I know you know your stuff!
Any help would be great.

Thanks

Guindalf

If your Green Card application has been approved, then all you have to wait for is for it to be issued. So long as you have an official document saying it's been approved, you're golden. However, you MAY have problems traveling without the actual card (shouldn't be an issue, but could).

Reading between the lines, it appears you may NOT have been accepted as you say, otherwise there wouldn't be an RFE. What is your wife waiting to hear? This is confusing.

With what visa did you arrive in the US? Do we assume you're filing for AOS? If so, it is very unlikely you would be approved for a K1, and later refused a GC unless something very significant happens or is discovered.

If it were necessary to come as a tourist (which I would not advise for fear of jeopardizing your CR/IR-1 application), then you can absolutely NOT work for any company, UK or otherwise while in the States.

Why is there a need to ask your lawyer? If this is as simple as you are making it, there is no need to make lawyers any richer than they already are!

SanDiegogirl

My question is, or asking advice really, on what to do in the worst-case scenario that I don't get accepted. Will I have to leave the country straight away? Will I be able to stay if I don't work?

What does the above mean? Are you asking what happens if your don't get your 01 Visa extention? (You've got an RFE pending at the moment by the sounds of it)

.... or is the RFE for the Green card application ? confusing .....

mattmattmatt

Sorry if I'm being unclear.

* We are both over here on a 01 Visa.
* My spouse applied for the GC during this time. We got the accepted letter but we haven't got to the point of doing the Police Checks, Birth C stuff, etc, so we haven't started that second process. (Not sure what that's called) So we haven't I guess officially been accepted, or have anything to show that we have got the GC. Does that make sense?
* We had to do a 01 Visa Extension to bridge the gap on waiting for the GC to finish up. My visa expired 3 months before hers, so she hasn't heard back on her extension yet, however, because of her work and clients, I'm sure she'll be fine.
* So my question is, what is my best course of action if worse case scenario I don't get the extension after submitting this request for more info.

Hopefully that makes sense...? Thanks

Noorah101

It would help if we call it an O-1 visa (rather than 01 zero one).

Are you and your wife here with separate O-1 visas, with different employers? Or is one of you the main O-1 holder and the other a dependent?

Rene

Noorah101

One thing is for sure... if you enter the USA as a tourist (whether a B-2 visa or VWP), you cannot work while physically inside the USA, not even remotely for a UK employer.

Rene

Noorah101

What is the date on your I-94's? That is the date you are supposed to leave the USA, unless you have the AOS pending.

Rene

SanDiegogirl

If you don't get your O-1 extention then you won't get your Green card which would be based on you having a visa to remain in the country while such Green card is being processed.

.... further no O-1 visa means you would not be able to work in the US at all.

Rete

Who is spousing you and who is spousing your wife for your permanent residency. I, personally, prefer that term to green card.

Your I-485 application was received, not accepted. What do you mean that you have not gotten to the stage where birth certificate, etc. is required? If you are adjusting status from within the US, there is no need for a police clearance certificate. Did you include your USCIS approved doctor's medical with your application? Did you complete forms I-751 for employment authorization? And I-131 for travel documentation?

There is an awful missing from your original post. Perhaps you are completely unfamiliar with the permanent residency process and are floundering.

What is the RFE for? As others asked is it for the O-1 visa extension?

Hope you get back to the forum with more complete information.

Noorah101

Rete means form I-765 for work authorization.

Rene

newacct

It is unclear what you mean by "accepted for our green card". Was the I-140 petition filed? Was I-485 Adjustment of Status filed? Is I-485 this "second process" you are talking about (I-485 requires birth certificate, but generally does not require you do submit any police documents). What category is your spouse immigrating in? If it's EB1 or EB2, it is current (assuming neither of you were born in Mainland China or India) so you guys should be able to file I-485 now, regardless of whether the I-140 is approved. Once I-485 is filed, you guys can remain in the US for as long as it is pending, even if you go out of status. If it's EB3, then it might not be current.