AOS with K1 visa

[Starspangled 0]

Hi All,

Thanks already for the useful information I was able to gather in this forum and the webpage so far.

I am currently preparing the AOS package (I married my American wife on Sept. 10) and have a question regarding the I 485 Section 3a where it asks for current occupation. I entered the US on a K1 visa. I am able to work on a free-lance basis for my old employer in Germany on a project base until I am legally allowed to work on a US contract with the EAD. This is very helpful and helps me to maintain an income during this long adjustment phase. All my biliing is done through Germany, I am getting paid in Euros, and will file taxes in Germany for this year as well.

My question is now, whether I should put my current occupation as a "project manager" in this field or rather state "None", as I am technically not allowed to work currently, since I don't have an EAD? I just want to avaid any negative outcome, especially during the interview, if a question comes up on what I have been doing the last couple of months since I got to the US.

Thanks a lot already for your help and insight!

Edited September 22, 2011 by Starspangled

[Ben and Jill 37]

This is a very good question. I am going to leave it to the more knowledgeable VJer's to answer....possibly Just Bob, Inky or Harpa can answer. I'm curious though. Good luck with everything either way.

[VanessaTony 3,567]

Well you ARE employed. Write project manager and if asked you can explain you're working remotely for your German employer. It is not something you will be denied for.

[Agnesincalifornia 0]

I imagine it is possible to do so and keep "project manager" on your records, but being freelance myself, I can say that you are probably going to end up paying taxes here AND in Germany if you keep on getting paid in Germany while living in USA. (since nobody is going to say "ok, we don't need your money: you don't pay your taxes here"...)

Keep in mind that what is prohibited is to work for an employer but actually, it does not mean you cannot make any money at all. I know it sounds weird...

I would advise you to go to the IRS and check for a ITIN Individual Taxpayer Identification Number that may allow you to cash your money here... I am neither an immigration specialist nor a tax specialist but I have been in this very same situation. So follow this link and you will understand...

http://www.irs.gov/individuals/article/0,,id=96287,00.html

The ITIN does not replace a work authorization, but it gives a bunch of solutions in our specific (freelancer)situation, except giving you the right to work for an employer..

Try and go to the IRS and ask them (they are very nice compared to Europe)they will explain it all to you (can't say more because I am not a legal adviser)

Just for you to know, in case: it helps also to be able to file for a dependent on tax forms while adjusting status for the K2 visas (K2s don't have the a social security card until they gets their EA card and to declare a dependent the SSN is needed..)

Good luck.