Working remotely

[MKJ119 43]

My fiance is thinking about quitting his full-time job the end of next month as long as he can generate enough income from his freelance clients. He would be able to work remotely at that point and we were thinking he could come and visit for a few months. I'm wondering if there is any reason not to do this? To me it seems totally reasonable. Besides being able to spend time together while we're waiting on this process, it would be extremely helpful for me to have more flexibility juggling my work schedule and my son, and would enable me to work more hours since I will be supporting another household member at least for a little while and would like to pad my savings as much as possible.

 

Another big question I was unable to find the answer to is if he can continue to do remote work after coming here on the K-1 and while we're waiting on the AOS? I didn't seem to find a clear answer on that subject. He has refugee status in Mexico, if that makes any difference.

[SalishSea 16,808]

6 minutes ago, MKJ119 said:

My fiance is thinking about quitting his full-time job the end of next month as long as he can generate enough income from his freelance clients. He would be able to work remotely at that point and we were thinking he could come and visit for a few months. I'm wondering if there is any reason not to do this? To me it seems totally reasonable. Besides being able to spend time together while we're waiting on this process, it would be extremely helpful for me to have more flexibility juggling my work schedule and my son, and would enable me to work more hours since I will be supporting another household member at least for a little while and would like to pad my savings as much as possible.

 

Another big question I was unable to find the answer to is if he can continue to do remote work after coming here on the K-1 and while we're waiting on the AOS? I didn't seem to find a clear answer on that subject. He has refugee status in Mexico, if that makes any difference.

He cannot work remotely whilst here visiting.  He cannot work remotely on the K-1 until he receives his EAD.  

[Boiler 43,557]

CR1 would be a much better option.

[MKJ119 43]

17 minutes ago, Jorgedig said:

He cannot work remotely whilst here visiting.  He cannot work remotely on the K-1 until he receives his EAD.  

As I'm looking into this I seem to keep coming across contradicting information on this topic. Is it because it's freelance work and he's not working for a foreign employer?

8 minutes ago, Boiler said:

CR1 would be a much better option.

Can I ask why?

[Boiler 43,557]

K1 is only work authorised for 90 days,  EAD is evidence of that authorisation, after that you need EAD based on adjusting which takes 6 months or so to get so K1 is not a good option for those wishing to continue working through the process.

[MKJ119 43]

1 minute ago, Boiler said:

K1 is only work authorised for 90 days,  EAD is evidence of that authorisation, after that you need EAD based on adjusting which takes 6 months or so to get so K1 is not a good option for those wishing to continue working through the process.

Oh, I see. At this point it wouldn't make sense to just get married, change our plans, and abandon the K1 petition for another kind of visa, especially since the wait times are so much longer. I value his presence more than his ability to contribute financially. Maybe it would have made better sense at the outset, but at that point I wasn't ready to get married. It had only been 9 months - with the majority of it long-distance.

[Boiler 43,557]

Not a lot of difference, CR1 requires you to be married, K1 to commit to marrying.

[MKJ119 43]

3 minutes ago, Boiler said:

Not a lot of difference, CR1 requires you to be married, K1 to commit to marrying.

It’s the difference of getting to know someone for an additional 8 months or so before making a life-changing commitment. Something that was necessary in my case. I have a child who has already been through a divorce. No amount of money can make up for the emotional security of my son.

[geowrian 22,336]

1 hour ago, MKJ119 said:

My fiance is thinking about quitting his full-time job the end of next month as long as he can generate enough income from his freelance clients. He would be able to work remotely at that point and we were thinking he could come and visit for a few months. I'm wondering if there is any reason not to do this?

I would suggest reading this thread regarding a recent member's SO intending to do (and previously doing) freelance work in the US while visiting:

 

1 hour ago, MKJ119 said:

Besides being able to spend time together while we're waiting on this process, it would be extremely helpful for me to have more flexibility juggling my work schedule and my son, and would enable me to work more hours

More hours because...he would be watching your son while you work?

 

1 hour ago, MKJ119 said:

Another big question I was unable to find the answer to is if he can continue to do remote work after coming here on the K-1 and while we're waiting on the AOS? I didn't seem to find a clear answer on that subject. He has refugee status in Mexico, if that makes any difference.

See the above thread again.

Technically the first 90 days would be allowed as he has authorization but no evidence of it, so self-employment is probably fine. After 90 days and without an EAD or green card, it would not be allowed.

 

1 hour ago, MKJ119 said:

As I'm looking into this I seem to keep coming across contradicting information on this topic. Is it because it's freelance work and he's not working for a foreign employer?

Can I ask why?

Freelance would generally fall under self-employment. That means both the employer and employee would be the visitor in the US, which would be unauthorized work.

[Sinead91 242]

It's not worth the risk unfortunately. My current employer proposed the same thing too, but I am going to wait until I have my EAD. It can be a long wait...but again, the risk isn't worth it.

 

A lot of people seem to suggest CR1 for this reason (and there are plenty of valid reasons why CR1 is better than K1...but it's a personal choice at the end of the day). Anything seen as work or something that could lead to work is a no go until the EAD is in hand.

 

p.s I used to live in Venezuela, Anzoategui...apart from all that happened there...i still miss it sometimes!

[MKJ119 43]

7 hours ago, geowrian said:

I would suggest reading this thread regarding a recent member's SO intending to do (and previously doing) freelance work in the US while visiting:

 

More hours because...he would be watching your son while you work?

 

See the above thread again.

Technically the first 90 days would be allowed as he has authorization but no evidence of it, so self-employment is probably fine. After 90 days and without an EAD or green card, it would not be allowed.

 

Freelance would generally fall under self-employment. That means both the employer and employee would be the visitor in the US, which would be unauthorized work.

Thank you. This is very helpful. 

 

7 hours ago, geowrian said:

 

More hours because...he would be watching your son while you work?

 

Yes. Don't tell me there is some  kind of rule against this as well?

 

3 hours ago, Sinead91 said:

It's not worth the risk unfortunately. My current employer proposed the same thing too, but I am going to wait until I have my EAD. It can be a long wait...but again, the risk isn't worth it.

 

A lot of people seem to suggest CR1 for this reason (and there are plenty of valid reasons why CR1 is better than K1...but it's a personal choice at the end of the day). Anything seen as work or something that could lead to work is a no go until the EAD is in hand.

 

p.s I used to live in Venezuela, Anzoategui...apart from all that happened there...i still miss it sometimes!

Yeah, it's difficult either way. I definitely wasn't ready to get married nine months into our relationship, but at this point I would feel completely confident in that decision, so it's easy to look back and think "Oh, if we did it this way, it would have been easier." 

 

And that's so cool! I've heard it is such a beautiful country. It has been very difficult for him to no longer have his home and his family. He was in the middle of his masters program in Spain when things got really bad and hasn't been back since. And I've actually spent quite a bit of time in Ireland (small world). We have family in County Galway.

[geowrian 22,336]

20 minutes ago, MKJ119 said:

Yes. Don't tell me there is some  kind of rule against this as well?

Possibly.

Child care is a service an authorized worker would normally fulfill.  There is a somewhat-fine line between spending time with a child vs providing child care.

No issue while waiting for AOS, but doing so as a visitor (and non-parent - since you aren't married yet) is generally not permitted.

[Boiler 43,557]

Makes you wonder how many K1's are filed speculatively.

[MKJ119 43]

1 hour ago, geowrian said:

Possibly.

Child care is a service an authorized worker would normally fulfill.  There is a somewhat-fine line between spending time with a child vs providing child care.

No issue while waiting for AOS, but doing so as a visitor (and non-parent - since you aren't married yet) is generally not permitted.

Oh, thank you. That’s interesting. Are you able to point me to any resources that address this, by any chance? It sounds like the best option is just going to be for him to wait until the K1 is approved before he comes out here for any length of time. He will need time to wrap up his freelance work anyway, if he’s not able to continue with it once he is in the US.

It’s unfortunate that this whole process is so complicated and there are so many ways you can misstep along the way. I’m so grateful for this resource and everyone on here who takes the time to help others through this!

[MKJ119 43]

1 hour ago, Boiler said:

Makes you wonder how many K1's are filed speculatively.

Technically every decision made with regards to future plans is made “speculatively.” Maybe you can elaborate on your intention with this comment?