Unauthorized Employment (INA 245(c)(2) and INA 245(c)(8))

[Minder11 0]

Hello,

 

I know this seems to be a grey area but I wanted to posit this issue again to see if there have been any first hand accounts. My fiancée is an internet freelancer and will "finally" be coming to America on her K1 visa. We are familiar with the conservative approach of waiting for the EAD/AOS to be approved before she resumes her freelancing business but are also mindful of the unreliable and extended processing times for the EAD/AOS. 

 

We came across INA 245(c)(2) and it sounds should she continue her freelancing business while she is in America on the k1 visa, thus engaging in unauthorized employment, if she becomes my spouse before she does any work that she would not be barred from adjusting her status. Also, for what it is worth, her clients have paid her in full in advance while she still is in the UK so once she would be in the US there would not be any subsequent exchange of money just the rendering of services. 

 

Any thoughts on the above?? TIA!!

[Boiler 43,430]

CR1 would be the way to go, K1 has many disadvantages.

[aaron2020 11,651]

Still breaking the law.  She can not work period.  It doesn't matter if she is prepaid for the work.

 

 

[Minder11 0]

CR1 is not an option we already have a K1 visa. 

 

How about the INA 245 language?

[JeanneAdil 6,191]

• REad it again as it clearly says in 245(c)(8)

For purposes of the bars to adjustment, a nonimmigrant only needs to maintain his or her nonimmigrant status until the time he or she properly files an adjustment application with USCIS so long as the nonimmigrant does not engage in any unauthorized employment after filing the adjustment application. ^[

[Crazy Cat 39,218]

26 minutes ago, Minder11 said:

Also, for what it is worth, her clients have paid her in full in advance while she still is in the UK so once she would be in the US there would not be any subsequent exchange of money just the rendering of services. 

When is unlawful behavior a gray area? Working without authorization inside the US is not lawful. Maybe, she should do the work before entering the US.   If working is a priority after entering, then a K-1 is not a good choice. 

Edited May 8, 2021 by Lucky Cat

[JeanneAdil 6,191]

work is work

 

First paragraph of the 245 says the following

 

Any adjustment applicant is ineligible to adjust status under INA 245(a) if, other than through no fault of his or her own or for technical reasons, ^[1] he or she has ever:

• Failed to continuously maintain a lawful status since entry into the United States; ^[2] or

• Violated the terms of his or her nonimmigrant status. ^[3] 

and working without an EAD is a violation of the K1 visa 

 

Running a company even on internet in the USA requires a EIN/ Tax ID # with IRS SS-4 form

and quarterly the person pays into the estimated tax and SS monies (without an SS #????)

making immigration upset as planning to work without the EAD and SS # is one thing but never pxxxss off IRS /there are penalities,  and interest if the  quarterly payments are not made on time

 

this is how IRS states it on the following IRS site:

https://www.irs.gov/faqs/estimated-tax/individuals/individuals-2

 

For estimated tax purposes, the year is divided  into four payment periods. Each period has a specific payment due date. If you don't pay enough tax by the due date of each payment period, you may be charged a penalty even if you're due a refund when you file your income tax return at the end of the year.

[SalishSea 16,770]

If it was a grey area, the EAD wouldn't even be a thing.  

 

So many people choose the K-1 thinking it will be "faster," and fail to consider the work and travel drawbacks.

[Ban Hammer 12,836]

the op has been advised correctly and it is now locked to preclude any violations of the terms of service

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

 

do not restart this thread.

 

charles

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