Working in the US before having an EAD

[jpidgley 9]

Hey everyone.

quick discussion on working once i get out to America. Everyone has views on what is flawed with the immigration system, and for me, this is it. They require us to have sponsors, and to sign documents saying we won't become a financial burden to the government....and then say we can't work when we come over. just seems dumb to me.

anyway. i'm a graphic designer, and do my work freelance, so won't be looking for an employer. If i do freelance design work for clients, and the money goes into a british bank account, is that still not allowed? if it is allowed, would it be allowed into an american account? if neither of those are ok, could i do the work for free, and have clients make out cheques as "gifts" to my fiancee/wife afterwards?

thanks for any responses.

Josh.

[knt 4]

I was actually wondering the same thing for when my fiance comes over here. I guess I would have to ask his potential employer if he would be willing to pay in cash before he gets a work permit. But does anybody know how concerned employers usually are with if there is a work visa or not? I know this is really broad, and probably completely depends on the industry/employer, but just thought I would second this question and see if anybody has experience with it?

[jpidgley 9]

Just to clarify i'm not trying to "beat the system" and i will do everything properly if im not allowed to work. but seeing as i will be self employed, if this means i can work, then i will!

I have heard that finding an employer and working now may not seem to affect anything, but if you have done so illegally it can jeopardise future applications for citizenship etc.

[Brother Hesekiel 2,235]

Your question is justified. From a purely legal perspective, you would not be allowed to work with a K-1. In the real world, nobody cares if you do freelance work from home or while sipping a quint venti non-fat 2-pump vanilla carmel mocchiata at Starbucks. In addition, just like overstay, working without authorization is not being made an issue of at the AOS process, so when you guys sit it the hot chair at the interview, you would truthfully disclose to the Immigration Officer that you did some freelance work while waiting. It will be a non issue.

[Nich-Nick 3,353]

Cheques as "gifts" is bordering on income tax evasion. Best you start reading www.irs.gov to learn about paying in self-employment tax and the other requirements of reporting income whether it be cash, cheque, wages, foreign source, scholarships/grants, tips, gambling winnings, prizes.

[jpidgley 9]

Your question is justified. From a purely legal perspective, you would not be allowed to work with a K-1. In the real world, nobody cares if you do freelance work from home or while sipping a quint venti non-fat 2-pump vanilla carmel mocchiata at Starbucks. In addition, just like overstay, working without authorization is not being made an issue of at the AOS process, so when you guys sit it the hot chair at the interview, you would truthfully disclose to the Immigration Officer that you did some freelance work while waiting. It will be a non issue.

So just to clarify. Legally, you can not provide any service which is reimbursed with money during the K1 and AOS, even if you are not employed by a company, and the money is going to an international account?

(also just realised that your process took almost the same amount of time as my LIFE!! wow)

[jpidgley 9]

Cheques as "gifts" is bordering on income tax evasion. Best you start reading www.irs.gov to learn about paying in self-employment tax and the other requirements of reporting income whether it be cash, cheque, wages, foreign source, scholarships/grants, tips, gambling winnings, prizes.

yea, i see that now! i hadn't even thought about it appearing that way. I don't want to avoid taxes (anymore than anyone else lol) i just want to pull my weight, and help my fiancee/wife when we are together.

after the whole K1 process i feel like if they think you are fit to enter their country and marry their citizens, after all the paperwork, medical, and interviews, an EAD should be supplied with the K1...

[Nich-Nick 3,353]

yea, i see that now! i hadn't even thought about it appearing that way. I don't want to avoid taxes (anymore than anyone else lol) i just want to pull my weight, and help my fiancee/wife when we are together.

after the whole K1 process i feel like if they think you are fit to enter their country and marry their citizens, after all the paperwork, medical, and interviews, an EAD should be supplied with the K1...

I know you aren't trying to avoid taxes, but wanted to shift your thoughts that way. K1's are basically given 90 days and no more privileges. It's just a visa to get here. Just because they let you in, doesn't mean you will marry or apply for permanent residency or get approved. So I can see why they can't hand out employment to somebody on a non-immigrant visa with only 90 day authorized stay. If you had married first and applied for an immigrant visa (CR1) you would have hit the ground running...already a permanent resident and authorized to work from the get go. It wouldn't have delayed your entry but a month or so.

Quickest way for you to work is get married immediately and apply for AOS, EAD, and AP as soon as possible. Ours was in the mail the 9th day he was in the country. Work authorization took 50 something days. Start filling out thos AOS documents now while you're waiting around for an interview. Save the files on your computer or email to the US. The USC has to do another Affidavit of Support. That can be done right now and the evidence attached to it. The sooner you get the paperwork done, the sooner you work.

[payxibka 10,044]

moving this thread

[Brother Hesekiel 2,235]

Of course . . . it goes without saying that when you make some money in 2011, you will declare it on your tax return on or before April 15, 2012. I never assumed that would be in question. As a freelancer you would declare it as 1099 income.

Edited March 20, 2011 by Just Bob

[BMW4me 12]

yes you can, you need to do this, tell the person whoever you will be doing work for, you don't want to sign a 1099-MISC because you don't want to pay taxes, so he can't ask your social sec. number, if he's an individual most likely he will say `ooh alright fine`. if he's a big company you're in no luck, then you MUST pay tax, once again, it's up to you and the guy who's hiring for a freelance job to decide this

it's really depending on the person who's hiring you

Edited March 20, 2011 by vkn & jsb

[Nich-Nick 3,353]

yes you can, you need to do this, tell the person whoever you will be doing work for, you don't want to sign a 1099-MISC because you don't want to pay taxes, so he can't ask your social sec. number, if he's an individual most likely he will say `ooh alright fine`. if he's a big company you're in no luck, then you MUST pay tax, once again, it's up to you and the guy who's hiring for a freelance job to decide this

it's really depending on the person who's hiring you

What you have described is tax fraud so it's best that you don't post something encouraging someone unfamiliar with US taxes to break the law.

[mckay76 11]

yes you can, you need to do this, tell the person whoever you will be doing work for, you don't want to sign a 1099-MISC because you don't want to pay taxes, so he can't ask your social sec. number, if he's an individual most likely he will say `ooh alright fine`. if he's a big company you're in no luck, then you MUST pay tax, once again, it's up to you and the guy who's hiring for a freelance job to decide this

it's really depending on the person who's hiring you

bad advice

[Sergi9 110]

Hey everyone.

quick discussion on working once i get out to America. Everyone has views on what is flawed with the immigration system, and for me, this is it. They require us to have sponsors, and to sign documents saying we won't become a financial burden to the government....and then say we can't work when we come over. just seems dumb to me.

anyway. i'm a graphic designer, and do my work freelance, so won't be looking for an employer. If i do freelance design work for clients, and the money goes into a british bank account, is that still not allowed? if it is allowed, would it be allowed into an american account? if neither of those are ok, could i do the work for free, and have clients make out cheques as "gifts" to my fiancee/wife afterwards?

thanks for any responses.

Josh.

Its a bit of a "gray area". However it seems you are already doing this and are the owner of a British company and it appears you are not working in the US, which is the point of the waiting for the EAD. Not sure doing freelance work for British clients and getting paid in British pounds and depositing that money in a British account qualifies as 'working in the US" in the traditional sense. The EAD simply allows you to work in the US has nothing to do with overseas work in another country. So if you maintain the same accounts and clients in your country of origin it does not appear you would be violating any US laws.

Another option if you are working on US Accounts, is to make the Wife the CEO of the company, and she invoices the clients for the work and uses her own SS# for the 1099 as the owner of the company. You own the company here jointly and still can get an ITN and pay taxes on the joint income.

[Krikit 1,163]

Myself and a number of other members continued to work for our previous employers, remotely, while we were adjusting status in the US. There is nothing illegal about that type of employment.