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Filed: K-1 Visa Country: United Kingdom
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Hope everyone is staying safe and well.

 

I am in the AOS process from a K1 visa, and I just received my combo card.

 

Before I moved to the US, I was living in the UK and working as a contractor in the consulting industry. The pay is very lucrative as a contractor in my field of work and I was making 2x the amount I make on a regular salary so I was only working for 6 months. I would now like to go back into this because of the flexibility and time off, but am seeing far fewer opportunities in the US (I think due to health insurance etc, it's not as common for people to do contracting here? but I may be wrong and it may be due to the fact that I have a great recruiter network in the UK).  

 

A 3 month UK-based contract has come up and I was wondering to what extent can I go back and work in the UK? I would ideally go for a month, come back and work remote for a few weeks to spend time with my husband, and go back for the final month. A lot of the work is remote now, but I don't want to work the time difference (which would mean starting work at 4am).

 

My fear is that we haven't done our AOS interview yet, and I don't want it to seem like I don't have the intention to live in the US, and am somehow using the greencard as a glorified visa. If that makes any sense?

 

We plan to have kids in 2 years, so I would only be doing this flying back and forth for a year or 2 max. 

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Generally when traveling on an Advanced Parole document derived from a marriage based petition, CBP is suspicious when the beneficiaries don't travel with there spouses. One class of exceptions are beneficiaries traveling to their country of origin to visit family.

 

I think if you "go the well" enough times, eventually you will have difficulties returning, and ultimately risk a denial.

 

That combined with the COVID restrictions and that your will be living apart from your husband would cause me, if I were in your situation, to not do this.

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13 minutes ago, US2UK said:

Hope everyone is staying safe and well.

 

I am in the AOS process from a K1 visa, and I just received my combo card.

 

Before I moved to the US, I was living in the UK and working as a contractor in the consulting industry. The pay is very lucrative as a contractor in my field of work and I was making 2x the amount I make on a regular salary so I was only working for 6 months. I would now like to go back into this because of the flexibility and time off, but am seeing far fewer opportunities in the US (I think due to health insurance etc, it's not as common for people to do contracting here? but I may be wrong and it may be due to the fact that I have a great recruiter network in the UK).  

 

A 3 month UK-based contract has come up and I was wondering to what extent can I go back and work in the UK? I would ideally go for a month, come back and work remote for a few weeks to spend time with my husband, and go back for the final month. A lot of the work is remote now, but I don't want to work the time difference (which would mean starting work at 4am).

 

My fear is that we haven't done our AOS interview yet, and I don't want it to seem like I don't have the intention to live in the US, and am somehow using the greencard as a glorified visa. If that makes any sense?

 

We plan to have kids in 2 years, so I would only be doing this flying back and forth for a year or 2 max. 

Technically, you're allowed to do all this since you have the EAD/AP combo card. But just because you are technically allowed to do something does not mean it is necessarily a good idea. You are correct that it may seem a certain way to CBP. And since you technically do not have the green card yet, CBP could misconstrue it even further. The other big consideration is COVID. I have no idea what UK-US travel is like, but overall, it is best to operate as though further restrictions could be implemented at any moment because they could be. If you are able to work this job 100% remotely, that would be the best bet. Ultimately, do you want to risk possibly abandoning your entire AOS (if you get stuck abroad somehow) over a 3-month contract when you can work that job remotely anyway? Might as well work at 4 AM and stay inside the US and fully ensure your AOS will be unproblematic than fly back and forth during an ongoing pandemic. New COVID strains are also popping up and the UK is a hot spot for one of them.

Edited by mushroomspore

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Filed: K-1 Visa Country: United Kingdom
Timeline
9 minutes ago, Mike E said:

Generally when traveling on an Advanced Parole document derived from a marriage based petition, CBP is suspicious when the beneficiaries don't travel with there spouses. One class of exceptions are beneficiaries traveling to their country of origin to visit family.

 

I think if you "go the well" enough times, eventually you will have difficulties returning, and ultimately risk a denial.

 

That combined with the COVID restrictions and that your will be living apart from your husband would cause me, if I were in your situation, to not do this.

 

8 minutes ago, mushroomspore said:

Technically, you're allowed to do all this since you have the EAD/AP combo card. But just because you are technically allowed to do something does not mean it is necessarily a good idea. You are correct that it may seem a certain way to CBP. And since you technically do not have the green card yet, CBP could misconstrue it even further. The other big consideration is COVID. I have no idea what UK-US travel is like, but overall, it is best to operate as though further restrictions could be implemented at any moment because they could be. If you are able to work this job 100% remotely, that would be the best bet. Ultimately, do you want to risk possibly abandoning your entire AOS (if you get stuck abroad somehow) over a 3-month contract when you can work that job remotely anyway? Might as well work at 4 AM and stay inside the US and fully ensure your AOS will be unproblematic than fly back and forth during an ongoing pandemic. New COVID strains are also popping up and the UK is a hot spot for one of them.

 

Thanks for both of your input - it is appreciated!
I agree, definitely not worth the risk if it may be misconstrued by CBP or impact my immigration journey in anyway.

 

I will just have to suck it up and do the 4am starts 🙂  I assume that if I want to go back and see my family for 2 weeks every 6 months or so, and I continue my contracting during that 2 weeks, that would be ok right? Or do I need to not work while I am in the UK?

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4 minutes ago, US2UK said:

 

 

Thanks for both of your input - it is appreciated!
I agree, definitely not worth the risk if it may be misconstrued by CBP or impact my immigration journey in anyway.

 

I will just have to suck it up and do the 4am starts 🙂  I assume that if I want to go back and see my family for 2 weeks every 6 months or so, and I continue my contracting during that 2 weeks, that would be ok right? Or do I need to not work while I am in the UK?

That should be fine but I strongly suggest not doing that until you get your green card AND the COVID situation is resolving on a unanimous global scale. At that point, you'll be a permanent resident, so you're less likely to run into issues with CBP. 2 weeks at a time every 6 months is not a big deal. Lots of people go back to their home countries and/or travel regularly (when things were normal, obviously). Whenever you are inside the UK, your employment there has no bearing on the US government or your status as a US permanent resident. It would only matter if you were attempting to work that job inside the USA without employment authorization (currently a moot point since you do have the EAD).

Edited by mushroomspore

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1 hour ago, US2UK said:

I will just have to suck it up and do the 4am starts 🙂  I assume that if I want to go back and see my family for 2 weeks every 6 months or so, and I continue my contracting during that 2 weeks, that would be ok right?

Visiting family every 6 months for 2 weeks by yourself is a reasonable pattern and won't have difficulties with CBP, even if you work during those two weeks. In normal times this wouldn't be a concern, and I'd strongly recommend it.
 

This is aside from all the COVID issues. 

When we were out of the country over the Christmas holidays in 2019, we received a notice from our lawyer that our AOS interview had been scheduled for 3 weeks later. The word about COVID was just starting to get out, and we had no issues getting home.

 

Murphy's law says you will get your interview scheduled while you are in the UK. If you are looking at a mandatory quarantine for your state or locality, then you might miss your AoS interview.

 

Still, on this website, I am often targeted for fear mongering, so what do I know?

Edited by Mike E

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Filed: K-1 Visa Country: Wales
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Using AP is not the issue, UK Covid regs might complicate matters. And of course any future changes in the US.

 

Also tax will need an Accountant who know what they are doing.


“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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Filed: Citizen (apr) Country: Canada
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Filed: Citizen (apr) Country: England
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@US2UK

 

Something to know about taxes if you have contract work from UK clients.

All earnings are US taxable. Anyone paying you $600 or more during the tax year should get an EIN (Employer Identification Number) so they can issue you a 1099-Misc wage statement at the end of the tax year. They report the same wage info to the IRS. 
 

Getting an ITIN https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein

See the foreign employer part down the page.

 

While talking to the IRS by phone one day, I somehow got bumped to a lady who issues EINs. That wasn’t the reason for my call, but we had a chat and I asked “Can foreign employers/companies get an EIN from the IRS?” She said “Oh yes, I issue them all day long. It’s very easy.” I learned something new.

 

And remember that as a self-employed contractor, you will not have taxes, social security, or medicare held out of your pay so you need to save back a bit to pay at tax time. Or if it is a significant amount of earnings the IRS wants you to make quarterly estimates payments to cover federal tax, social security, medicare that you owe.

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Filed: K-1 Visa Country: United Kingdom
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3 hours ago, Wuozopo said:

@US2UK

 

Something to know about taxes if you have contract work from UK clients.

All earnings are US taxable. Anyone paying you $600 or more during the tax year should get an EIN (Employer Identification Number) so they can issue you a 1099-Misc wage statement at the end of the tax year. They report the same wage info to the IRS. 
 

Getting an ITIN https://www.irs.gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein

See the foreign employer part down the page.

 

While talking to the IRS by phone one day, I somehow got bumped to a lady who issues EINs. That wasn’t the reason for my call, but we had a chat and I asked “Can foreign employers/companies get an EIN from the IRS?” She said “Oh yes, I issue them all day long. It’s very easy.” I learned something new.

 

And remember that as a self-employed contractor, you will not have taxes, social security, or medicare held out of your pay so you need to save back a bit to pay at tax time. Or if it is a significant amount of earnings the IRS wants you to make quarterly estimates payments to cover federal tax, social security, medicare that you owe.

Thank you. This is very helpful info that I don’t know how or when I would have stumbled upon otherwise ! 
 

As a side question - I was working as a contractor in the U.K. for the first 3 months of 2020 before I moved to the US. I set up a limited U.K. company’s and paid sales tax and corp tax. Then took the remaining profits and paid any U.K. income tax, social security etc on that. 
 

when it comes to doing my 2020 US taxes, I will need to report this income right? I assume I need to report all 2020 income, even though it was before I moved here. Do you know if I report my business income? Or my personal income (aka profits from the business). 
 

 

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Filed: IR-1/CR-1 Visa Country: Thailand
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7 hours ago, US2UK said:

Thank you. This is very helpful info that I don’t know how or when I would have stumbled upon otherwise ! 
 

As a side question - I was working as a contractor in the U.K. for the first 3 months of 2020 before I moved to the US. I set up a limited U.K. company’s and paid sales tax and corp tax. Then took the remaining profits and paid any U.K. income tax, social security etc on that. 
 

when it comes to doing my 2020 US taxes, I will need to report this income right? I assume I need to report all 2020 income, even though it was before I moved here. Do you know if I report my business income? Or my personal income (aka profits from the business). 
 

 

Consult a tax accountant on this. 

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Filed: Citizen (apr) Country: England
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On 2/9/2021 at 6:47 PM, US2UK said:

Thank you. This is very helpful info that I don’t know how or when I would have stumbled upon otherwise ! 
 

As a side question - I was working as a contractor in the U.K. for the first 3 months of 2020 before I moved to the US. I set up a limited U.K. company’s and paid sales tax and corp tax. Then took the remaining profits and paid any U.K. income tax, social security etc on that. 
 

when it comes to doing my 2020 US taxes, I will need to report this income right? I assume I need to report all 2020 income, even though it was before I moved here. Do you know if I report my business income? Or my personal income (aka profits from the business). 
 

 

Have a look at Schedule C to get an idea of what a self-employed person fills out for the IRS.

https://www.irs.gov/pub/irs-pdf/f1040sc.pdf

and the instructions https://www.irs.gov/pub/irs-pdf/i1040sc.pdf

 

And the IRS has an online video workshop that will help you get the general concept of owning a small business or being a self-employed contractor. My wife and I actually attended an in person workshop offered by the IRS and the Small Business Association which helped us know what kind of records to keep when I started doing self employed contractor gigs. All may not apply to you. For example, I go to client homes or businesses to do IT work. I learned my mileage is deductible as an expense so I needed to keep a log. I sometimes supply parts, equipment, cables, etc. which I bill to the client. My cost for those bits are “Cost of Goods Sold” which gets deducted from the the total  amounts paid to me by clients so I don’t have an inflated profit when those bits cost me something. So I learned to keep a list of what I bought for clients. Some self-employed people make crafty stuff and sell on Etsy. All their supplies are deductible as business expenses. I imagine yours will be a much simpler tax return because you aren’t physically going to clients, buying bits and bobs, or making #######. So work through the video workshop picking up what is useful to you and skip the parts that won’t apply.

 

The online workshop videos.  https://www.irsvideos.gov/Business/SBTW

 

Once I had the concepts down, TurboTax Deluxe can handle all my filing for me without upgrading to TurboTax for Businesses or one of the higher priced editions. It asks simple questions like “Did you use your vehicle in your business?”  Then does it’s magic putting it all in the right place. 


You will report to the IRS everything you earned from Jan 1 2020 to Dec 31 2020. The part earned while living in the UK can be excluded from taxation on Form 2555, Foreign Earned Income Exclusion. My TurboTax covered that under “Less Common Income” asking about a bunch of offbeat stuff I said no to and also asking “Did you have any foreign Income? Yes, ask me more on this topic.

 

And  the good news is for 2021, you won’t have foreign income to report. It’s all US income, no matter where the clients live. One less form to fill in. 

 

 

 

Edited by Wuozopo

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