Can fiance/husband continue working for his foreign company while in the US?

[lstrina 0]

Hello!

Perhaps some of you might have some insight on this topic:

My Swedish fiance and soon-to-be-husband will be here in the US shortly. His company in Sweden is considering keeping him employed and having him work remotely while he lives in the US.

1) Is this allowed? Or does he need to fully resign?

2) How will this affect the green card and adjustment of status process?

3) If it is allowed, can he continue to work for his Swedish company both while we're applying AND after he's received his green card and adjusted his status?

Any insight is appreciated!

Edited October 17, 2012 by lstrina

[reese1 68]

Yes, he can continue to work there through the entire process. He may run into trouble only if he needs to travel back to sweden once he is in the US and does not have his AP yet. Other than that he is fine.

Here is a link to some other information that will be helpful to know as well.

http://www.ssa.gov/international/Agreement_Pamphlets/sweden.html

Best of luck to you both.

[LBeachey 44]

This should be allowed and directly should not effect the immigration/K-1 process. The complication which either you husband's company or a US immigration lawyer or maybe someone on here is making sure he has the correct work authorization. My understanding is typically someone on a K-1 visa can not work here in the US until they have the EAD and/or green card. However, this typically effects US-based employment.

I would start with your husband's employer, if they are a larger company they should know what the requirements are.

The only thing I am sure of is when you file taxes as Green Card holder, you are responsible for your world-wide income so his Swedish earnings will be taxable in the US, subject to foreign tax exclusion which may eliminate the US liability.

[lstrina 0]

This is all so helpful!! I really appreciate it. Thank you very much. This is the first time I posted in a forum and I'm blown away by how responsive folks are. Thank you again for your insight, especially through this very LONG process!