K-1 AOS phase work query

[Wuozopo 4,285]

38 minutes ago, Ayrton said:

The last thing I'll say is that you do whatever you want to do. You came to forum to ask for our opinion, and the opinion for the majority of the people here (and lawyers as well) is that you can't work. But if you don't want to follow that, just know that you may face consequences later on. 

Can you reference anyone who has faced a consequence. What happened? 

[Ayrton 965]

12 minutes ago, Wuozopo said:

Can you reference anyone who has faced a consequence. What happened? 

Not really. That's why I said they may face consequences, not that will.

 

The point is, I wouldn't jeopardize the immigration process. I've seen naturalized people that lost their citizenship for commiting fraud and USCIS only found out years after.

 

If IRS gets his return and see that OP worked for a time that they didn't have work authorization, they may face consequences for that. And if USCIS thinks that this was a violation later on, there might be consequences as well.

 

Again, I'm not saying that it will happen. We see people that overstayed their visitor visa working here all the time and then they apply for AOS get a green card and etc. And they forgive the violation because they are a spouse of a US citizen. But it doesn't mean that one day they won't forgive it and the person will face consequences. 

[igoyougoduke 1,614]

3 hours ago, Tonez said:

This is not entirely true as I know you can work remotely on a tourist visa, as long as you are working for a company and getting paid in to a bank account not in the US.

 

This is why I was asking, because I was wondering it if was the same whilst doing AOS, but as I have been made aware, if you are living in the US then it is not allowed

that is not true. you seem to have figured out it. This forum is for guidance as to what is per the law. if you think you know the law, i suggest you go ahead and work. 

 

If everyone on B1 can work than why do they need a work permit to apply ? every harry and sally will come on visitor visa and work in the US. 

Edited July 26, 2020 by James120383

[Wuozopo 4,285]

30 minutes ago, Ayrton said:

If IRS gets his return and see that OP worked for a time that they didn't have work authorization, they may face consequences for that.

Well not this one because IRS doesn’t report even flat out illegals who work and pay their taxes. They give them ITINs (or they use fake SSNs). As long as the illegal individuals report income and pay their taxes, the IRS is happy. Google “does IRS report illegal aliens”. 

Edited July 26, 2020 by Wuozopo

[Ayrton 965]

8 minutes ago, Wuozopo said:

Well not this one because IRS doesn’t report even flat out illegals who work and pay their taxes. They give them ITINs (or they use fake SSNs). As long as the illegal individuals report income and pay their taxes, the IRS is happy. Google “does IRS report illegal aliens”. 

"May" face consequences. IRS not reporting illegals until now doesn't mean that the possibility doesn't exist. 

 

One more time. I'm not saying it will happen. I'm saying that it can happen.

 

 

[geowrian 22,336]

5 hours ago, Tonez said:

This is not entirely true as I know you can work remotely on a tourist visa, as long as you are working for a company and getting paid in to a bank account not in the US.

Can you provide an official source for this?

[Tonez 23]

On 7/26/2020 at 6:42 PM, geowrian said:

Can you provide an official source for this?

The fact that the law says you can't work in the USA but says nothing about working remotely in your home country.

You are still registered to work in the home country legally and by remotely working that is what you are doing

[geowrian 22,336]

3 hours ago, Tonez said:

The fact that the law says you can't work in the USA but says nothing about working remotely in your home country.

You are still registered to work in the home country legally and by remotely working that is what you are doing

That's not a source...that's your understanding/interpretation. Legal minds have argued both sides of this...that's their understanding and interpretation.

[Tonez 23]

7 minutes ago, geowrian said:

That's not a source...that's your understanding/interpretation. Legal minds have argued both sides of this...that's their understanding and interpretation.

The law also doesn't specifically say "it's legal to breathe oxygen" but my interpretation of the fact it doesn't say "it is illegal" is that it is legal to breathe oxygen.

Laws don't tell you everything that is legal, only everything that is illegal. Therefore if there isn't anything specifically saying you can't work remotely on a tourist visa (it only says you cant complete work in America, by working remotely, you arent completing the work in America) it is rightfully assumed it is legal.

 

Can you show me the legal mind showing that they argued someone working remotely for a company outside the USA, getting paid in to a non USA bank account please?

Edited August 23, 2020 by Tonez

[geowrian 22,336]

4 minutes ago, Tonez said:

The law also doesn't specifically say "it's legal to breathe oxygen" but my interpretation of the fact it doesn't say "it is illegal" is that it is legal to breathe oxygen.

Laws don't tell you everything that is legal, only everything that is illegal. Therefore if there isn't anything specifically saying you can't work remotely on a tourist visa (it only says you cant complete work in America, by working remotely, you arent completing the work in America) it is rightfully assumed it is legal.

Again, that is not a source. That is an interpretation based on your understanding of the law.

4 minutes ago, Tonez said:

Can you show me the legal mind showing that they argued someone working remotely for a company outside the USA, getting paid in to a non USA bank account please?

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

[Tonez 23]

49 minutes ago, geowrian said:

Again, that is not a source. That is an interpretation based on your understanding of the law.

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

You obviously don't understand law.
 

Laws are written to tell people what they are not allowed to do. It is therefore is legally assumed that anything not written in laws is legal. That is a source.

 

The link you have provided is talking about people LIVING in the USA, that is not what this conversation between you and me is about. You asked for me to provide a source saying someone can work on a tourist visa, I asked you for one saying they can't. By definition, if they are a tourist in the USA then the USA is not their home, and therefore this article is irrelvant.

 

EDIT: upon reading the article, it actually appears to disagree with what you are saying and say yes they can, as long as 3 conditions are met:

 

Quote

Any income from services performed for a foreign employer by someone present in the United States is deemed “US source income” unless that income meets ALL THREE of the following conditions:

1. total annual earnings from such services is less than $3,000; 
2.  the nonresident alien is physically present in the United States for not more than 90 days in the year; 
3. the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

 

Thank you for the source, it is good to know that someone can work in the USA remotely as long as these 3 conditions are met.

Edited August 23, 2020 by Tonez

[HRQX 4,145]

1 hour ago, Tonez said:

EDIT: upon reading the article, it actually appears to disagree with what you are saying and say yes they can, as long as 3 conditions are met:

 

 

Thank you for the source, it is good to know that someone can work in the USA remotely as long as these 3 conditions are met.

First of all, it's not an article. It's a blog post. Although, that blog page said "living" it also meant visiting since in the bullet points it mentions WT which means VWP visitor. Also, that specific part you quoted is about US tax code. That first attorney is claiming that immigration and tax law intersect for that matter. The other attorney disagrees: "The question is not one of tax law. The tax laws and immigration statutes have each been enacted for distinct purposes, and one legal regimen does not necessarily inform the other. Rather than taxation, the laws of employment and of immigration apply, as well as a subject of law study known as “conflicts of law.”"

[Boiler 43,790]

If you want to work, you said initially you did not, why did you go for the K1 which clearly has issues with working, now we can debate for ever the nature of those issues.

 

I do see that you conflict Immigration and Tax, as with many things in the US there is rarely consistence between agencies, sometimes with agencies.

 

From a practical perspective the issue is mainly a tax one, obviously from an Immigration perspective working illegally is ca breach of the VJ ToS but seems to be otherwise not an issue.so from an immigration perspective the question is will they catch me, most likely not, if they do will they care, most likely not.

 

Now entering with a K1 and declaring your intent to work, well I would fascinated by that. Mind you back in the day you could get an EAD stamp at the PoE.

 

 

[Tonez 23]

25 minutes ago, Boiler said:

If you want to work, you said initially you did not, why did you go for the K1 which clearly has issues with working, now we can debate for ever the nature of those issues.

 

I do see that you conflict Immigration and Tax, as with many things in the US there is rarely consistence between agencies, sometimes with agencies.

 

From a practical perspective the issue is mainly a tax one, obviously from an Immigration perspective working illegally is ca breach of the VJ ToS but seems to be otherwise not an issue.so from an immigration perspective the question is will they catch me, most likely not, if they do will they care, most likely not.

 

Now entering with a K1 and declaring your intent to work, well I would fascinated by that. Mind you back in the day you could get an EAD stamp at the PoE.

 

 

I never said i had any intention of working, i asked if it was possible.

 

I was unsure on the status of this and asking for clarification.

 

Someone posted the information i required and i accepted it.

 

The converstaion has now moved on to a different topic, and yes it should probably be in a different thread but someone else asked me a question about it here and i responded.

[Tonez 23]

2 hours ago, HRQX said:

First of all, it's not an article. It's a blog post. Although, that blog page said "living" it also meant visiting since in the bullet points it mentions WT which means VWP visitor. Also, that specific part you quoted is about US tax code. That first attorney is claiming that immigration and tax law intersect for that matter. The other attorney disagrees: "The question is not one of tax law. The tax laws and immigration statutes have each been enacted for distinct purposes, and one legal regimen does not necessarily inform the other. Rather than taxation, the laws of employment and of immigration apply, as well as a subject of law study known as “conflicts of law.”"

Ah indeed you are correct. In which case I would suggest a blog post isn't a reasonable legal source and thus should be discounted completely from conversation.

 

So again, I ask, is there any source giving the legalities of working remotely whilst on a tourist visa or the VWP, for a company in the home country and getting paid in to a bank account (and thus paying taxes) in the home country?