Jump to content
Sign in to follow this  
Pheebs1201

Working after arrival: Online job?

75 posts in this topic

Recommended Posts

I currently have an online (work from home job) with a British company.

My question is, once I arrive in the US on my K1 visa, can I continue with this job or does that break the law regarding being unable to work until AOS? I would be paid in GBP and it would still go into my British bank account. My location is unimportant to them as long as the work is completed on time.

I have no intention of breaking any laws so obviously would not continue with this work if doing so would not be allowed. Any thoughts/suggestions?


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from K-1 Process forum to the "Working & Traveling" forum -- topic involves a phase after entry. ***


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(!).

Share this post


Link to post
Share on other sites

I'm worried too about the ability to find a job

will it be difficult?

I believe your query is slightly different to mine, but this forum may be of interest to you :)http://www.visajourney.com/forums/forum/135-finding-work-in-america/


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Argentina
Timeline

Immigration law regarding this is very much vague and it's risky to do this.

If immigration catches wind, they could consider this in violation of the whole "US earned income" and it could be considered tax evasion.

It's a hot topic among lawyers, read this.

I would guess, that you'd be better off not doing any work just in case it became an issue when you AOS and they check into your foreign bank accounts.


~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

Share this post


Link to post
Share on other sites

Immigration law regarding this is very much vague and it's risky to do this.

If immigration catches wind, they could consider this in violation of the whole "US earned income" and it could be considered tax evasion.

It's a hot topic among lawyers, read this.

I would guess, that you'd be better off not doing any work just in case it became an issue when you AOS and they check into your foreign bank accounts.

Wow, thats a bit of a shock! I will definitely look into it further, thank you for this! Seems a bit bizarre to me as it isn't a US based job in any way...


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites
Filed: Country: Monaco
Timeline

You can continue to work for them when you land stateside. You will not be breaking any laws for you are not being hired in the US. The only difference is that once you become a LPR you'll need to add your GBP earnings to your US tax return, so if the company agrees, you can continue to work for them as if nothing had happened.

Good luck!

I currently have an online (work from home job) with a British company.

My question is, once I arrive in the US on my K1 visa, can I continue with this job or does that break the law regarding being unable to work until AOS? I would be paid in GBP and it would still go into my British bank account. My location is unimportant to them as long as the work is completed on time.

I have no intention of breaking any laws so obviously would not continue with this work if doing so would not be allowed. Any thoughts/suggestions?


200px-FSM_Logo.svg.png


www.ffrf.org




Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Argentina
Timeline

Wow, thats a bit of a shock! I will definitely look into it further, thank you for this! Seems a bit bizarre to me as it isn't a US based job in any way...

It is not, but you're on US soil for longer than 3 months, and thus your "status" is no longer considered temporary, so any earned income is considered US based.

These laws were also put in effect before working remotely was ever a concept, so this is very much new technology going against old laws. Too risky IMO with how much immigration is a PITA already.


~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

Share this post


Link to post
Share on other sites

You can continue to work for them when you land stateside. You will not be breaking any laws for you are not being hired in the US. The only difference is that once you become a LPR you'll need to add your GBP earnings to your US tax return, so if the company agrees, you can continue to work for them as if nothing had happened.

Good luck!

That's what I thought, but the article linked in the post above suggests otherwise. Perhaps I will have to seek legal advice nearer the time?

It is not, but you're on US soil for longer than 3 months, and thus your "status" is no longer considered temporary, so any earned income is considered US based.

These laws were also put in effect before working remotely was ever a concept, so this is very much new technology going against old laws. Too risky IMO with how much immigration is a PITA already.

The article you linked states income less than $3000 a year is fine in this situation. Do you think that $3000/year would be counted from the day I arrived, or would it include the whole year despite the fact I wasn't in the US prior to that? I hope that question makes sense. Essentially I'm asking, would it be okay to continue if I make less than $3000...


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites
Filed: Country: Monaco
Timeline

IMHO the article makes the argument both ways. When the law is not clear, you get the benefit of the doubt. The issue is not whether it is legal for you to work so much as whether you should be subject to taxation in the US as a consequence.

I think you should speak to a lawyer when the time comes and get a 10th opinion... :)

That's what I thought, but the article linked in the post above suggests otherwise. Perhaps I will have to seek legal advice nearer the time?

The article you linked states income less than $3000 a year is fine in this situation. Do you think that $3000/year would be counted from the day I arrived, or would it include the whole year despite the fact I wasn't in the US prior to that? I hope that question makes sense. Essentially I'm asking, would it be okay to continue if I make less than $3000...


200px-FSM_Logo.svg.png


www.ffrf.org




Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Turkey
Timeline

I believe your query is slightly different to mine, but this forum may be of interest to you :)http://www.visajourney.com/forums/forum/135-finding-work-in-america/

thanks a lot

Share this post


Link to post
Share on other sites

IMHO the article makes the argument both ways. When the law is not clear, you get the benefit of the doubt. The issue is not whether it is legal for you to work so much as whether you should be subject to taxation in the US as a consequence.

I think you should speak to a lawyer when the time comes and get a 10th opinion... :)

Thank you! I really appreciate your input, sometimes I feel like I'm going mad trying to decipher all the rules and regulations and I certainly have NO intention of doing something illegal.

thanks a lot

You're welcome!


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites
Filed: Country: Monaco
Timeline

That is the nice thing about VJ. You'll surely get lots of ideas and input you can build upon - that's why I said 10th opinion... LOL

Thank you! I really appreciate your input, sometimes I feel like I'm going mad trying to decipher all the rules and regulations and I certainly have NO intention of doing something illegal.

You're welcome!


200px-FSM_Logo.svg.png


www.ffrf.org




Share this post


Link to post
Share on other sites

That is the nice thing about VJ. You'll surely get lots of ideas and input you can build upon - that's why I said 10th opinion... LOL

From my limited experience that certainly seems to be true so far :rofl:


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Argentina
Timeline

I, personally, would not want to risk it, no matter how much I want to get back to work.

I would recommend consulting several immigration attorneys as attorneys have been known to be wrong in this regard before. It's only a few months if you marry and file right away, if your employer is willing to let you work whilst in the US, one would think they'd be willing to allow you a few months holiday to get the proper authorization.


~ Don't forget to 'Vote Up' useful advice from others ~

K1 Visa Journey [April 11, 2013 - August 31, 2014]
[2014-09-20] !!! WEDDING !!!
[2014-09-22] Applied for SSN
[2014-09-26] Marriage License in Snail Mail
[2014-10-22] Notification of SSC in mail, will arrive "within 2 weeks"
[2014-10-27] SSC Arrived!

2015-04-30] Mailed AOS Package!
[2015-06-16] EAD Approved!
[2015-06-16] AP Approved!
[2015-06-23] EAD/AP Card Received!

[2015-10-02] AOS Approved (No Interview)!

[2015-10-07] Greencard Mailed

[2015-10-09] Approval Notice Recieved

[2015-10-09] Greencard Recieved!

I used RapidVisa for my petition; a paperwork service. A K1 is $375.00 to use their hassle-free online application system.

Useful Links:
Igor's List | Advanced Search Tool | Q&A With a Former USCIS Adjudicator
Visa Status Checker (Once you get a Case # from NVC) | Offical USCIS Reasons for a K1 Denial

The advice offered by this user is not legal advice. You should contact an attorney to obtain legal advice.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...