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Byronchenko

Working after granted K1 Visa

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Currently waiting for my interview for K1 visa (next week), my UK company are looking in to the possibility of me working for them remotely until I am eligible to work in the USA. What're the likely issues to this? I will no longer have a UK residence, but can use my parents address for work mail/tax reasons.

 

Am I missing something that would make this a big issue to USA or UK? 

 

Thank you in advance. 

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I have read that there is an application that you can fill out to work while waiting for AOS for K1. I believe it is $410.00 and people have said that it is extremely difficult to get. I asked my senator's office about something similar and would it mess up the current visa route we are on and was told that it is not a good idea to file another visa for work. Good luck! 

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1 hour ago, Byronchenko said:

Currently waiting for my interview for K1 visa (next week), my UK company are looking in to the possibility of me working for them remotely until I am eligible to work in the USA. What're the likely issues to this? I will no longer have a UK residence, but can use my parents address for work mail/tax reasons.

 

Am I missing something that would make this a big issue to USA or UK? 

 

Thank you in advance. 

K1 are work authorised incidental to status for 90 days, then you would need to wait for the EAD.

 

How will you be doing with taxes, deductions etc etc?


“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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There are several sources that must look at in whole.

 

https://www.uscis.gov/working-united-states/working-us

 

1) You must have a Green Card, EAD, or a work-related visa to work in the US

 

2) "Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued."

 

This means unless you have a visa that allows you to work, you are not allowed to. K-1 visa is not a work visa. 

 

You do not become an immigrant until your adjustment of status, and therefore the quickest you are allowed to work on a K-1 visa is once the EAD has been issued.

 

Then, as far as working in the US for a foreign company goes.... here is a blog post about that has some sources in it

 

https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

 

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Sounds like he will not need to complete an I9 so evidence not needed.


“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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Hi everyone.


Thank you for the replies, it seems like it is a no-go. 

 

In regard to taxes and deductions, I was planning on just paying all taxes in UK as normal and declaring income received to US when filing taxes. I hadn't thought a huge amount of it, wanted to find out if it's legally possible before getting too much in to the nuts and bolts really. 

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So you will be self employed?

 

Need to check with your CPA. Can get complicated.


“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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I would have been staying as an employee at my current company but it seems like earning over $3,000 is against the rules stated on https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/ or would have to be declared as a US source income anyway, so to then declare when filing taxes. 

 

It is frustrating that there seems to be contradictory advice when googling and looking for other posts here, and just no crystal answer. Ultimately I'd rather sacrifice my remote working and waiting until I can work in USA rather than potentially jeopardise my visa/future. 

 

My employers have not replaced and will not have by the time of my interview, I was thinking of just asking at my interview about this, but wasn't expecting much concrete information and am in the mindset of caution rather than risk without concrete information. 

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I gave you the Immigration answer, the tax etc issue is different and apart from knowing it is complicated really a matter for Professional advice.


“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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On 10/9/2018 at 8:09 PM, Byronchenko said:

I would have been staying as an employee at my current company but it seems like earning over $3,000 is against the rules stated on https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/ or would have to be declared as a US source income anyway, so to then declare when filing taxes. 

 

It is frustrating that there seems to be contradictory advice when googling and looking for other posts here, and just no crystal answer. Ultimately I'd rather sacrifice my remote working and waiting until I can work in USA rather than potentially jeopardise my visa/future. 

 

My employers have not replaced and will not have by the time of my interview, I was thinking of just asking at my interview about this, but wasn't expecting much concrete information and am in the mindset of caution rather than risk without concrete information. 

 

On 10/9/2018 at 8:09 PM, Byronchenko said:

I would have been staying as an employee at my current company but it seems like earning over $3,000 is against the rules stated on https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/ or would have to be declared as a US source income anyway, so to then declare when filing taxes. 

 

It is frustrating that there seems to be contradictory advice when googling and looking for other posts here, and just no crystal answer. Ultimately I'd rather sacrifice my remote working and waiting until I can work in USA rather than potentially jeopardise my visa/future. 

 

My employers have not replaced and will not have by the time of my interview, I was thinking of just asking at my interview about this, but wasn't expecting much concrete information and am in the mindset of caution rather than risk without concrete information. 

Did you find anyone professional to ask about this and confirm or a credible source document? 

 

I am getting frustrated with the lack of information available on the restrictions while waiting for the EAD. It is like asking my mother a question and getting a  ‘because I said so’ lol

 

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