occupation on form I-485

[trustlifeandlove 0]

I entered the states in march 2017 and am now applying for adjustment of status. I am married to an american citizen. It asked for my employment on the form. I am self-employed. I am involved in a network marketing company and I run it online with a blog. Any customers I get would be paying money to the australian company that i represent and then they pay me in commisions. In this way it works that you can continue while travelling and work remotely. i just saw a post which seems to state the working from home online counts as employment and is in fact not allowed before receiving permissiion.  Whats the truth here? I even told immigration on the way into the country that i work remotely so is this a problem?

 

many thanks,

 

samantha

[Wuozopo 4,293]

There is no truth. It's a gray area.  You will only find opinions. Most K1s say "unemployed".

[trustlifeandlove 0]

Thankyou Wuozopo for that, I wander how all the business travellers around the world do it, they work at a computer wherever they are and come in as a 'visitor'. I don't want to lie but dont want to make a simple foolish mistake. Is it better to say that as soon as I started this process I went 'unemployed'? 

 

[Wuozopo 4,293]

You put whatever you want. In general when a K1 leaves the UK and enters the US on their visa, they become unemployed on that day because they are not authorized to work in the US by DHS.  That's if they worked up to the last day and didn't quit prior to leaving.  

 

I don't think what you put is going to be the focus or concern on the application. The focus will be if you meet the terms of your marriage based green card application. Did you enter into a valid marriage within 90 days of entry? Do you meet the health and immunization requirements? That kind of stuff. I have never read a review of an interview where one of the questions was "did you secretly work in the US prior to having an EAD?" So that's my logic on why I don't think what you list on a biographical form is going to make or break your marriage based greencard application. Once again, everybody speculates or justifies their opinion, even lawyers differ,  but it is not specific in the written law.  Say you worked or don't say---I really don't think they will take note of it either way. 

 

Your more important question should be, what does the IRS say about reporting this income on our joint 2017 US tax return? Should I be paying my income taxes into the UK, Australia, or the IRS. You may not know the terms of the tax treaty, but it says you pay the place where you reside, not the place that pays you the money.