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erinlittle

On Fiance (K1) Visa, Live in US, work 'remotely' for Canadian Company

By erinlittle in Working & Traveling During US Immigration

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erinlittle Newbie

erinlittle   0

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

I am not sure if this is the right forum, I apologize if it is not.

I have applied for a K1 Visa, once this is approved, my fiance and I will get married and live in the US I would like to continue working for my canadian employer, doing my work remotely while living permanently in the US. I will be paid in Canadian dollars in a Canadian bank account. I would basically be doing this on the side until the EAD is approved. I would not be doing any buisness with American companies or clients. Would this be illegal? I understand there have been people in this position before, but have found no conclusive answers to the question. Thanks.

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

You must not be paid for working in the US , I think the fact that you are being paid by a non US company and receiving the money in a non US bank are the important factors and I think you have covered the bases for not working without authorization.

This will not be over quickly. You will not enjoy this.

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Aztec&Taino Proficient

Aztec&Taino   144

Posted
Filed: K-1 Visa Country: Dominican Republic
 Timeline
Posted

I am not sure if this is the right forum, I apologize if it is not.

I have applied for a K1 Visa, once this is approved, my fiance and I will get married and live in the US I would like to continue working for my canadian employer, doing my work remotely while living permanently in the US. I will be paid in Canadian dollars in a Canadian bank account. I would basically be doing this on the side until the EAD is approved. I would not be doing any buisness with American companies or clients. Would this be illegal? I understand there have been people in this position before, but have found no conclusive answers to the question. Thanks.

I think this is an interesting question... To be in the clear, entirely, you better check with an experienced immigration attorney. I do not know if your US presence would indicate that you are actually working in the US, even if the company is Canadian and they deposit your salary in a Canadian account.

Best wishes!

August 23, 2010 - I-129 F package sent via USPS priority mail with delivery confirmation.

August 30, 2010 - Per Department of Homeland Security (DHS) e-mail, petition received and routed to California Service Center for processing. Check cashed. I-797C Notice of Action by mail (NOA 1) - Received date 08/25/2010. Notice date 08/27/2010.

After 150 days of imposed anxious patience...

January 24, 2011 - Per USCIS website, petition approved and notice mailed.

January 31, 2011 - Approval receipt notice (NOA 2) received by mail. Called NVC, given Santo Domingo case number, and informed that petition was sent same day to consulate.

Called Visa Specialist at the Department of State every day for a case update. Informed of interview date on February, 16 2011. Informed that packet was mailed to fiance on February, 15 2011.

February 21, 2011 - Fiance has not yet received packet. Called 1-877-804-5402 (Visa Information Center of the United States Embassy) to request a duplicate packet in person pick-up at the US consulate in Santo Domingo. Packet can be picked-up by fiance on 02/28.

March 1, 2011 - Medical exam completed at Consultorios de Visa in Santo Domingo.

March 9, 2011 at 6 AM - Interview, approved!

March 18, 2011 - POE together. JFK and O'Hare airports. Legal wedding: May 16, 2011.

Go confidently in the direction of your dreams. Live the life you have imagined.

-Henry David Thoreau

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Gary and Alla Grand Master

Gary and Alla   3,694

Posted
Filed: Citizen (apr) Country: Ukraine
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Posted

I think this is an interesting question... To be in the clear, entirely, you better check with an experienced immigration attorney. I do not know if your US presence would indicate that you are actually working in the US, even if the company is Canadian and they deposit your salary in a Canadian account.

Best wishes!

Its legal. As long as the employment is with a Canadian (or foreign) company and the money is deposited in Canada (or other foreign) bank. You can withdraw the funds by ATM

Imagine a Canadian on vacation in the US in Florida with direct deposit to his Canadian account. Legal? Of course. So he gets a phone call or answers an email while on vacation in the US. Legal? of course. Several phone calls or emails? Of course. Is there a limit of how many emails or phone calls he can get? Of course not. Can he go to an ATM and take some cash? Of course. Can he get a job at a US company while he is on vacation? NO! If the person is not employed IN the US there is nothing the US can say about it.

Being IN the US while employed by a foreign company in a foreign country is not the same as "being employed in the US"

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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  • 4 years later...
orlyreine Rookie

orlyreine   0

Posted
Filed: K-1 Visa Timeline
Posted

Hi, I realize this thread is from 4 years ago...!... but my fiance may find himself in the same situation. His Canadian company may want him to work remotely for a few months after we marry. He's coming over on a K1 visa. This is not sure yet, just a possibility.

I just want to ensure, with the OP if possible, that this worked out fine. Any updates?

Thanks so much!

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Ontarkie Grand Master

Ontarkie   13,915

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

The Op has not been on in 3 years so I don't think you will get an update.

Many Canadians have done this without problems.

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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  • 6 months later...
CD2015 Apprentice

CD2015   6

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

The Op has not been on in 3 years so I don't think you will get an update.

Many Canadians have done this without problems.

Hi there, I understand this is an older thread but wondering if perhaps you could provide an update with what you did and how that worked out for you? I'm in a similar boat. My canadian company is willing to let me work remote but I'll be moving down to live in the US. Thanks

Hi, I realize this thread is from 4 years ago...!... but my fiance may find himself in the same situation. His Canadian company may want him to work remotely for a few months after we marry. He's coming over on a K1 visa. This is not sure yet, just a possibility.

I just want to ensure, with the OP if possible, that this worked out fine. Any updates?

Thanks so much!

Adjustment of Status (AOS) Process from K1
20th November 2015: Filed AOS paperwork along with Employment Authorization Document (EAD) and Advanced Parole (AP) requests.

29th November 2015: electronic notifications (Email and text x3)

25th November 2015: NOA1 (date they received)
17th December 2015: early walk in biometrics appointment. (letter date: December 21).

29th December 2015: Case ready to be scheduled for interview
8th February 2016: Completed service request for EAD via USCIS phone call
16th February 2016:Checked online and EAD was approved (Date approved February 12th).

19th February 2016- Card has been mailed

20th February 2016- Card delivered

Current status: Waiting for AOS interview to be scheduled!

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TBoneTX Grand Master

TBoneTX   43,058

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

The question has been answered several times, and this is an old thread, so it's now closed to further comment.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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