Working for UK company without EAD

[Nicola & Matt 1]

I came to the US on a K1 visa in September. I was married within the 90 days and I have now filed for AOS. I have been continuing to work for a UK company from home even thought i don't have EAD. Will this be a problem? I didn't think so as it wasn't a US firm but i'm starting to have doubts. I have just filed for my EAD today just in case but don't want to get into trouble for work i have already completed. I have tried to contact the USCIS but you can never get through to a human being and it is really frustrating!

As always any help would be greatly appreciated

Thanks

Nic

[travelfairy 22]

You're fine from an immigration perspective. I did that when I came over. The only thing that gets tricky is your taxes, as you're a resident in the US, and a non-resident in the UK, you'll need a good accountant for when you file both returns, and you may end up paying extra tax depending on the law.

[Nicola & Matt 1]

You're fine from an immigration perspective. I did that when I came over. The only thing that gets tricky is your taxes, as you're a resident in the US, and a non-resident in the UK, you'll need a good accountant for when you file both returns, and you may end up paying extra tax depending on the law.

Phew - Thanks for your help. I am researching accountants as we speak!

[Nich-Nick 3,354]

Phew - Thanks for your help. I am researching accountants as we speak!

I have read many good comments about Pete Newton http://www.britishexpatstax.com/

I haven't used him myself because I do our taxes. You don't actually have to do any US tax return for 2012 since you dont have a greencard yet. Your husband can file "married filing separately" and you file nothing. You can also file a joint tax return with your husband for 2012 by writing a statement stating that you both wish for you to be considered a resident alien for tax purposes. When you do that, the worldwide income of both spouses is reported. Your UK earned income will be eligible for exclusion---so kinda like reported but then subtracted for tax calculating. (nothing in taxes is that simple, but that's the shortest way I can explain it.). The UK and the US have a tax treaty so you won't be expected to pay income tax on the same money to both countries. For 2013, you will be a resident alien with a greencard and will file a US return. There's ways to deduct foreign taxes paid if you still have to pay in the UK. I don't really know enough about how you determine which country gets your taxes if it is ongoing. IRS publication 519 will address some of your questions. Or Pete Newton.

[Nicola & Matt 1]

I have read many good comments about Pete Newton http://www.britishexpatstax.com/

I haven't used him myself because I do our taxes. You don't actually have to do any US tax return for 2012 since you dont have a greencard yet. Your husband can file "married filing separately" and you file nothing. You can also file a joint tax return with your husband for 2012 by writing a statement stating that you both wish for you to be considered a resident alien for tax purposes. When you do that, the worldwide income of both spouses is reported. Your UK earned income will be eligible for exclusion---so kinda like reported but then subtracted for tax calculating. (nothing in taxes is that simple, but that's the shortest way I can explain it.). The UK and the US have a tax treaty so you won't be expected to pay income tax on the same money to both countries. For 2013, you will be a resident alien with a greencard and will file a US return. There's ways to deduct foreign taxes paid if you still have to pay in the UK. I don't really know enough about how you determine which country gets your taxes if it is ongoing. IRS publication 519 will address some of your questions. Or Pete Newton.

Thank you so much for your help. I have downloaded publication 519 and i have contacted Pete Newton. Hopefully he can help me file if i need to do so this year.

Once again many thanks for the information

Nicola