On the k-1 is working from home allowed?

[mebinkle 3]

I didn't think about this until now but some one has just brought it to my attention. My fiance is from the UK. We're waiting for our K-1 visa. He is self employed but is contracted out by a company. He works online from home. Is he allowed to continue working online once he is in the US or does he need to wait for his EAD.

[JohnR! 5,495]

He can continue to work from home, for his UK employer while he waits for his EAD. My understanding is that his employer is in the UK. Until has has his EAD on hand, he can't accept employment in the US.

Edited March 17, 2014 by Gegel

[Pitaya 2,577]

~Moved form K-1 Process to Working & Traveling During US Immigration Forum~

~Inquiry about EAD~

[Terry J 50]

Just to give my perspective based on my personal situation. I'm also self-employed and work from home. I'm currently in the US performing (doing an AOS) contracted work for a Canadian company, paid in CAD to a Canadian bank. My lawyer said it was a non-issue and called another legal co-hort of his just to confirm it for me.

As Gegel said, your future spouse cannot work for a US employer until he would get an EAD.

Edited March 17, 2014 by Terry J

[mebinkle 3]

He's actually contracted through a US company. We were engaged first and not really sure where we would end up, either in the UK or the US. We were looking at both spots. Since he got a job in the US, we decided on the US. So would he be ok if he continues to be contracted by them until he he gets his EAD? That is what he is doing now while living in the UK?

[Terry J 50]

Now that's a new twist in the situation. Technically it would be viewed that he would be working unauthorized for a US employer once in the US until he would get the EAD. Perhaps others who've been in this exact situation can chime in?

I believe that AOS would not be denied to a spouse of a USC simply due to unauthorized work in the US. As long as there are no other negative factors and that one didn't pass themself to be a USC in doing so. Somebody please correct me if I am wrong.

Edited to say: Can your fiancé come to an agreement with the US employer to suspend work once he arrives in the US until he gets his EAD?

Edited March 17, 2014 by Terry J

[mebinkle 3]

Haha yea kind of a confusing situation. He's not being hired by that company until his EAD goes through. He was even thinking about staying self employed while here in the US. So his situation stays the same, where he's still self employed and being contracted by his company. That's why I didn't think it would be an issue because it's exactly what he's doing now. But I just started thinking about it and wondering.

[aussie_jason 195]

If he is contracting with a US company and especially if he is being paid in USD then I can't see how it could be legal for him to continue to do so once he enters the US on a visa with immigrant intent, otherwise everyone in such a situation could work on a 1099 basis.

Edited March 18, 2014 by aussie_jason

[Birdo 16]

This might be a tricky situation since in the U.S. a lot of employment laws are based on where the person is located in. For example the employment laws of California would apply if a person lives and works in California even from their home, even if the company they work for is based in another state. So just something to think about...

[mebinkle 3]

So does any one know if it would be illegal for him to continue being contracted by the US company while here, but keep being paid in GBP to his account in the UK until we work out his right to work?

[aussie_jason 195]

I think because the company has a US presence the answer is he has to wait for his EAD.

[Terry J 50]

I agree with aussie_jason.

That's why I suggested in my previous response for your fiancé to speak with his US based client to see what can be worked out. You can also consult with a lawyer on this for 100% clarification.

If I were in his place, I probably wouldn't take the risk to work for any US based company from the time I arrived in the US to the issuance of my EAD. But that's just me.

Edited March 18, 2014 by Terry J

[mebinkle 3]

Ok one last time to clarify everything just to have all the details in one post.

1.) He works for a UK company, which is his own.

2.) His company is contracted by a US company.

3.) He gets paid in GBP.

4.) His situation would still be the same once he's here, he would still be working for his UK company. He wouldn't be hired by the US company.

I know this is a confusing situation but I just wanted to make it clear, we were dating two years prior to him having this job. He got this job after we were engaged last May.

The US company has a lawyer he can check with, so I guess I'll get him to do that to be on the safe side and make sure he's not doing anything illegal. Would it change anything if he postponed payment from the US company until he got his EAD worked out?

You guys have been super helpful with all this. Thank you!

[aussie_jason 195]

He definitely can't get paid by the US company until he has his EAD, that much I can say for certain. The rest is a grey area however when it boils down to it he is ultimately doing work for a US based company that a person that is authorized to work in the US could be doing.