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Kaljukotka

”Influencer” without EAD receiving free items from companies

By Kaljukotka in Working & Traveling During US Immigration

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Kaljukotka Apprentice

Kaljukotka   5

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Filed: K-1 Visa Country: Finland
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I know this is something to ask from a lawyer but maybe someone here has actual information regarding this issue.

 

I am currently waiting for my EAD and I was contacted by a company on Instagram who wants to send me free clothes. They said they label them as gifts and don’t expect anything other in return than if I choose to wear the clothes in my own Instagram posts, they would have a permission to share my pictures on their own Instagram account. I am mostly concerned whether this could be interpreted as work since basically I would be modeling for their products and the compensation for that would be those free items, even if I would primarily just wear the clothes in my own posts that I don’t get any money from. Since the company would be sharing my pictures to promote their products there is an expectation from the company that I would be doing something in return for the items, which means that the gift is actually not a gift anymore in the eyes of the IRS.

 

Please note that I am not an “influencer” who would make any money with their current content. I’m just posting stuff that the company’s target audience follows so they were interested in sending me their clothes. I actually turned down their offer and said that I would contact them once I have my EAD because now it looks like we would be operating on a very grey area. I am too scared to risk anything for some free items but would like to know if someone had had first hand experience with a similar situation.

 

Thank you.

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millefleur Veteran

millefleur   5,035

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Filed: Citizen (apr) Country: Russia
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Perhaps consult with a CPA if you can about the IRS side of this. They probably know more than lawyers about tax law.

 

I understand your concerns. It does seem very grey area. You can always take up the offer again once you get your EAD card.

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

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29-Mar-2017: CR-1 Visa received (via mail)

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04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
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As the IRS requires you to pay tax on stolen goods I think it is safe to say this is a taxable benefit.

“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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Rocio0010 Mentor

Rocio0010   5,562

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Filed: Citizen (apr) Country: Argentina
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You’re doing something for something in return. It’s work.

FROM F1 TO AOS

October 17, 2019 AOS receipt date 

December 09, 2019: Biometric appointment

January 15, 2020 RFE received

January 30, 2020  RFE response sent

Feb 7: EAD approved and interview scheduled

March 18, 2020 Interview cancelled

April 14th 2020: RFE received

April 29, 2020 Approved without interview

May 1, 2020 Card in hand

 

REMOVAL OF CONDITIONS

February 1, 2022 package sent

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N400 

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July 11th, 2023: Interview scheduled.

August 30th, 2023: Interview!

August 31st, 2023: Oath ceremony scheduled.

Sept 19th, 2023: Officially a US citizen!

 


 

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