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Work on Spouse Visa

By Noida in Work Visas

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Noida Newbie

Noida   0

Posted
Filed: Timeline
Posted

Hi All

So here is my situation -

I'll be getting married in nov and then will apply for spouse visa.

Plan to reach usa by dec.

My current employer in India has offered to work remotely from USA for India for about 3-6 months. I want take that oppurtunity.

So my ques is if this is legal to work remotely?

If not, is there any other visa that i can apply for so that i can still continue to work remotely for sometime.

Also in case i keep working remotely on spouse visa, what implications I may face in future?

What are the chances that this thing will get disclosed.

Am totally clueless about this visa thingy.

Anyone, Please Help!!!

TIA

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canadian_wife Grand Master

canadian_wife   1,791

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Filed: Citizen (apr) Country: Canada
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Please post only once and not in multiple forums

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Penguin_ie Grand Master

Penguin_ie   5,986

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

*** Moving from K1 fiance visa to Working during Immigration and removing duplicate ****

Good and bad news:

- When you enter the US on a CR-1 spousal visa, you get an immediate greencard and right to work in the USA.

- If you have not even filed yet and won't till November, you will not be in the US by December, A spousal visa takes 10+ months.,

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Penguin_ie Grand Master

Penguin_ie   5,986

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

Ah ok I thought you meant an immigrant visa to join a US citizen spouse.

***** Moved to Work visa forum ******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Boiler Grand Master

Boiler   43,485

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

No

H4 does not allow you to work.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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kzielu Experienced

kzielu   1,147

Posted
Filed: Citizen (apr) Country: Poland
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Posted

No thats not the case.

Now if you can give more insight and info on the questions I asked in my first post?

TIA

Answer is no. You can't work remotely and can't work at all.

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Boiler Grand Master

Boiler   43,485

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

Do I detect Schadenfreude?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted (edited)

Hi All

So here is my situation -

I'll be getting married in nov and then will apply for spouse visa.

Plan to reach usa by dec.

My current employer in India has offered to work remotely from USA for India for about 3-6 months. I want take that oppurtunity.

So my ques is if this is legal to work remotely? Yes, if it's a non-US employer and non-US work.

If not, is there any other visa that i can apply for so that i can still continue to work remotely for sometime.

Also in case i keep working remotely on spouse visa, what implications I may face in future? USCIS may believe you are working illegally in the US.

What are the chances that this thing will get disclosed. 100%. Based on the Physical Presence Test, you will be required to file a US tax return on your worldwide income. You would be required to disclose your foreign employment and pay US taxes. The failure to disclose could result in negative immigration consequences.

Am totally clueless about this visa thingy.

Anyone, Please Help!!!

TIA

It will take longer than a month for you to get a Hb4 visa. Marriage in November and be in US in December will be impossible. First, you have to have your marriage certificate to file, then there's waiting for an interview, and then waiting for the visa after approval. Second, December is a very slow work month for Americans since we have Christmas and family holidays. You would be lucky to get your visa in February or March 2014.

Also, don't complicate your life. With an Hb4, you are not authorize to work in the US. Even though, it is legal for your to work for an employer abroad who does no work in the US, it is not a good idea. With your physical presence in the US, you would be required to file a US tax return on your worldwide income and pay taxes on it. When USCIS sees that you have work income and are not authorized to work, USCIS will assume incorrectly that you are working illegally in the US. It will then be up to you to prove otherwise.

This is not a scare tactic. This is happen to someone here. I don't remember who, but someone had this problem.

Edited by aaron2020
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  • 1 month later...
lindenTree Rookie

lindenTree   5

Posted
Filed: AOS (pnd) Timeline
Posted

i think you can work IF the company you will be working remotely is NOT an US company. It's all about taxes. If the company has no relation with US government and paying your checks to your Indian account then there will be no problem.

A friend of mine got married with an US citizen and she is working remotely and she hasn't received work permit yet. and she is so far so good..

09/11/2013 : i-485, i-130, i-765 sent to California
09/13/2013 : Received and mailed a notice (i-130 , i-765)
09/16/2013 : Received and mailed a notice (i-485)
09/16/2013 : Status at USCIS website : Acceptance (i-485)
09/18/2013 : Received Hard Copy of NoA (i-485, i-130, i-765)
09/22/2013 : Status at USCIS website : Initial Review (i-130, i-765)
10/02/2013 : Status at USCIS website : RFE (i-485)

10/08/2013 : RFE hard copy received

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lindenTree Rookie

lindenTree   5

Posted
Filed: AOS (pnd) Timeline
Posted

oh, i missed sth. my friend is in gray scale. she is not permanent resident nor citizen.

check this forum : ( Nich-Nick comment is answering your question )

http://www.visajourney.com/forums/topic/446697-freelancing-in-uk-after-moving-to-us/

09/11/2013 : i-485, i-130, i-765 sent to California
09/13/2013 : Received and mailed a notice (i-130 , i-765)
09/16/2013 : Received and mailed a notice (i-485)
09/16/2013 : Status at USCIS website : Acceptance (i-485)
09/18/2013 : Received Hard Copy of NoA (i-485, i-130, i-765)
09/22/2013 : Status at USCIS website : Initial Review (i-130, i-765)
10/02/2013 : Status at USCIS website : RFE (i-485)

10/08/2013 : RFE hard copy received

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Boiler Grand Master

Boiler   43,485

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

It is nothing to do with taxes.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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lindenTree Rookie

lindenTree   5

Posted
Filed: AOS (pnd) Timeline
Posted

Boiler, could you explain more?

09/11/2013 : i-485, i-130, i-765 sent to California
09/13/2013 : Received and mailed a notice (i-130 , i-765)
09/16/2013 : Received and mailed a notice (i-485)
09/16/2013 : Status at USCIS website : Acceptance (i-485)
09/18/2013 : Received Hard Copy of NoA (i-485, i-130, i-765)
09/22/2013 : Status at USCIS website : Initial Review (i-130, i-765)
10/02/2013 : Status at USCIS website : RFE (i-485)

10/08/2013 : RFE hard copy received

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