Employment Question

[Smallpox 0]

My fiance is good friends with his boss and they were talking about our K1. The boss told him he could work for him from the US for 9 months until his project is completed.

Will this be legal with the US? He'll still get paid abroad not here in the US for the work.

Edited July 25, 2009 by Smallpox

[Usui Takumi 1,562]

We were in this situation as well. No documents specifically outlines this topic, so I had to ask my attorney. He stated that there is no penalty for working for a foreign employer in a non US position. The key being that the position is not a US position requiring an I9 etc.

[Mikkel 0]

Does anyone have any official written guidelines for this? I may stay on with my employer as a consultant after I make the move, and assuming that this is permitted without an EAD, it seems like I could have issues with income taxes, as I'd have a brief period where I'd have no tax liability in my home country, while working from the US on a non-immigrant visa.

[Smallpox 0]

Thanks lancer! I too have a question about taxes. However unlike Mikkel my husband will be taxed in his country.

[Usui Takumi 1,562]

You can file taxes in the US (and it would potentially be an advantage to you SmallPox). When you file jointly include a signed statement that says you wish to be considered a US resident for tax purposes.

In your case smallpox, you will be eligible for either a tax exclusion or credit on your husband's foreign income since he's paying taxes there.

Statewise you'll need to check if your state has a credit agreement. California does not, so they have a right to tax any income you receive while you are a resident of the state even if its outside the US.