Bit of a strange question...

[RambaCat 643]

Hi! First time actually posting here but I've been lurking for a while;

 

We've not submitted the petition for foreign fiancee yet (we're submitting in January when he goes home after Christmas - I'm the beneficiary, UK citizen), but I'm looking for some advice for later down the road if everything goes well.

 

I'm mostly curious as to what the regulations are for earning money from books published before immigration? Looking around a little on Google, it seems that anything earned from published novels overseas is considered passive income however I plan on self-publishing through Amazon which is US based...

 

Would this be classed as some form of employment/earnings breach if I don't yet have an EAD?

 

I haven't published anything yet, and I'm really eager to get started, but I'm also wondering if it would be better to wait until I eventually get an EAD and just keep writing...

 

Hope this makes sense! It always sounds better before you type it...

 

Also sorry if this isn't the right place!

Edited December 21, 2017 by RambaCat

[aleful 1,905]

yes, you would be illegally working, since you need to file taxes on the income you would earn on the books published on Amazon

 

 

 

 

[RambaCat 643]

Wow, didn't expect a response that quick!

 

I figured as much, but wanted to be sure because I got myself in a bit of a kerfuffle with information overload. It's too easy to look for the information you want to hear. 

 

Anyway, thank you for your help! Will hold off on any publishing until after I make it to the States and have a work visa in hand~

[Wuozopo 4,285]

1 hour ago, RambaCat said:

Hi! First time actually posting here but I've been lurking for a while;

 

We've not submitted the petition for foreign fiancee yet (we're submitting in January when he goes home after Christmas - I'm the beneficiary, UK citizen), but I'm looking for some advice for later down the road if everything goes well.

 

I'm mostly curious as to what the regulations are for earning money from books published before immigration? Looking around a little on Google, it seems that anything earned from published novels overseas is considered passive income however I plan on self-publishing through Amazon which is US based...

 

Would this be classed as some form of employment/earnings breach if I don't yet have an EAD?

 

I haven't published anything yet, and I'm really eager to get started, but I'm also wondering if it would be better to wait until I eventually get an EAD and just keep writing...

 

Hope this makes sense! It always sounds better before you type it...

 

Also sorry if this isn't the right place!

 

What you do now prior to immigrating is between you and HMRC. You pay tax to the country where you reside. It could be 2019 before you have work authorization in the US. Do you want to wait that long?

[aleful 1,905]

to clarify,

 

I assume the OP was asking once the process was started in the US

 

once married and filing for adjustment of status, the OP will have to wait until the EAD to publish on Amazon

 

until then he or she can publish books and file taxes in his or her country

 

once the adjustment of status is started, no working in the US, until the EAD is received

[RambaCat 643]

Kind of, I knew I hadn't explained right.

 

I was more wondering what happens if I publish a book now before I move, and then while I'm waiting for AOS if any earnings I get from an already published book would potentially class as illegal working.

 

I suppose I could always see about pausing sales while I wait but that seems a little like too much effort and I'm likely to forget.

[Wuozopo 4,285]

1 hour ago, RambaCat said:

Kind of, I knew I hadn't explained right.

 

I was more wondering what happens if I publish a book now before I move, and then while I'm waiting for AOS if any earnings I get from an already published book would potentially class as illegal working.

 

I suppose I could always see about pausing sales while I wait but that seems a little like too much effort and I'm likely to forget.

 

I personally wouldn't worry about it. You will be reporting that sales income to the IRS according to their rules and that's the larger concern here in my opinion. 

[geowrian 22,336]

You're perfectly okay to earn income while in the US. Earning income isn't a violation of your status. Engaging in employment is the issue. Even volunteer/unpaid work is prohibited.

 

Personally, I don't see the issue with having published the book while abroad and then collecting the income once inside the US. Just be sure everything is recorded properly for tax purposes.

Publishing it once inside the US is a bit trickier IMHO...at what point exactly is it considered "work" (including self employment)? Just saying "ok" to publish something already written would probably be fine. Engaging in activities to coordinate publishing may cross a line in some arguments.

[Ontarkie 13,960]

~~Moved to Working and Traveling from K1 P&P - the OP is asking about earning money prior to her move and publishing a second book after her move.~~

[martin bk 19]

i think I read someplace that you should apply for an ITIN number as books published in the USA by foreign nationals are subject to tax. 

So you don’t get the full amount, but with an ITIN number you get all your earnings. 

 

Found the link link for amazon self publishing. 

 

https://kdp.amazon.com/en_US/help/topic/G201622260

 

takes upto 8 weeks.  

good luck on the books. 

[JFH 12,189]

14 hours ago, RambaCat said:

Wow, didn't expect a response that quick!

 

I figured as much, but wanted to be sure because I got myself in a bit of a kerfuffle with information overload. It's too easy to look for the information you want to hear. 

 

Anyway, thank you for your help! Will hold off on any publishing until after I make it to the States and have a work visa in hand~

You won't  have a work visa (or even need one) if you are coming here on a K-1 or spousal visa. With a spousal visa you are a green card holder from the minute you walk through the immigration hall of the airport where you arrive and a K-1 receives a work permit whilst they wait for their adjustment to green card holder. 

 

On that note, have you considered getting married first and applying for a spousal visa? You can work immediately when you arrive so no grey area. 

[Boiler 43,752]

A friend of mines Wife is  Travel Writer, gets lots of freebie trips and of course writes up her articles when on them, you can of course find problems if you go looking for them.

 

K1 is worth authorised pursuant to Status, just takes a long time to get evidence, you do not need evidence, no I9 to fill in.