Help with what to do next

[Loki_Go 126]

Hi GRAHAMY, I think I'm the Canadian mentioned earlier who kept her job and started working remotely from the US. It's possible, it's a risk and yes, it's a grey area. Just from the info you provided it looks like you'd be working illegally. Essentially you can't take a job that could be filled by a USC and you can't get paid from a US company. After you enter the US you won't be able to leave for about 4-6 months minimum.

I think you have a lot of reading to do and I think it's going to be a big wake up call to you.

[Georgia16 2,858]

Uh yeah looks like people have pointed out most of the issues here.

I just wanted to point something else out as well.

You say in your post that "we are having the big wedding next year (cant wait)."

Did you mean next month? You have will have issues waiting a year. After you are approved, the visa is only valid for 6 months, meaning you must enter the US within those six months. There is a way to renew it but I believe it requires attending another medical. (This could be innacurate, but I know there is a process you have to go through, it doesn't just last forever without you doing anything).

Once you get to the US, you have 90 days to marry.

So unless you plan on renewing your visa before coming to the U.S., you will not be able to wait until next year for a wedding. Is it possible you meant next month?

As others have mentioned, it would do you well to read the guides and get better informed about the process and guidelines after you receive your K-1 visa. (Which is what you have, not a green card.)

Pretty sure he means they are having a quick wedding at the city hall or something and then have the big party for friends and family next year

[GRAHAMY 0]

Thank you for the help Canada.

If I am getting paid by a UK company and working remotely is this still acceptable?

Thank you for the help Canada.

If I am getting paid by a UK company and working remotely is this still acceptable?

[Loki_Go 126]

It depends. I consulted a couple immigration lawyers as well as my company's lawyers to get an idea of whether or not it was possible. I made the decision to keep working. In a nutshell, nothing has changed as far as my Canadian info went, meaning I have the same physical street address and all the same banking info and my payroll goes into the same accounts. Nothing changed for me over there, not even my last name (I changed it in the US after I was married). My company is large and global but has no US presence, and this may be an area that will hinder you.

So yes, it's possible, but you'll need to do some legwork to find out how to make it happen.

[IcezMan_IcezLady 582]

You can't eat your cake and have it again.... Your employer can transfer you here but that cannot be on fiance visa. A work visa is H1B and the fiance visa you will be getting is K-1. Each one has specific requirements. you can't pick and choose which benefit suit your case.

You cannot a K-1 visa for the benefit of H1B. I doubt your employer knowing that you are getting K-1 visa will unlikely try H1B.. (he will end up paying you in spending more on you)

Since it is your intent to migrate here with the fiance visa, you will have to go through the legal process of the US to be able to work.

Your employer is not the one who obtain a visa for you. So even though you have a job ready for you from the employer in UK, you will have to wait and go through AOS/EAD process like every immigrant.

[GRAHAMY 0]

Thanks, but thats not to say i cant work from home and collect a UK pay packet?

[Loki_Go 126]

Thanks, but thats not to say i cant work from home and collect a UK pay packet?

None of us are going to say it's ok. I did a lot of research and made educated choices and didn't go into this hoping to just get away with it. You'll need to inform your company exactly what your visa requires of you and likely need to speak to a lawyer or two. You do realize how much could be on the line right?

[chiggins82 88]

I had an info pass appointment and asked about working and being on a K-1. What the USCIS person told me very clearly was that until you are legally authorized to work in the US (ie you have a work visa, EAD, Green Card, etc.. K-1 is not authorization) You may not take away a income from a job that can be done by an American. So things like a volunteering are OK because that is not paid, but a job that is normally a paid job you could not do.

With the job you have, I would be be very, very careful that if you tried to work and collect a UK pay cheque while in the US that you are not taking a paying job away from an American (i.e. if normally an American on the US end of your company could do that job, but they let you do it since you are there... then you get around the employment authorization by having pay come from the UK office)

If it were me, I would Take a leave from the job or quit. It wouldn't be worth screwing up immigration if getting married and moving to america is your goal. Maybe your US office would hire you back on once you have your EAD.

So completely agree with above people - Make sure to be up front with your employer and exactly what they would be offering if you worked remotely and I would check with an immigration lawyer on the rules around it.

You are so close to moving, and really if you do things fast, you will get EAD pretty quick. I moved here in March, applied for my SSN immediately, married 10 days later, Had my EAD by the end of June and Green Card in October.

[GRAHAMY 0]

I have spoken to the USCIS and they have stated i can work for a UK employer whilst waiting for my Status Update.

Waiting to speak to them again later for written conformation. They said its okay if its okay with my employer, as long as i am not conducting a "home business".

Awaiting my employer to contact the legal department for confirmation.

I will need to inform the IRS though

[Loki_Go 126]

Written confirmation? From USCIS? Really...