Working remotely in beneficiaries country

[KBA 542]

Just now, caliliving said:

USCIS can not deny you for working remotely.. you keep working and file taxes appropriately and write it down. no issue.  in fact, i know of many UK people who have done that and have all gotten their greencard.  i also know of canadians who have done that as well. 

Ok great, thanks! 

[NikLR 13,227]

It is a gray area.  Legally you aren't allowed to work.  But legally you aren't working for an American company, being paid into a US bank account, nor in any way taking a job away from an American. SO... people do it just fine.   Just remember to be taxed as a non-resident in the country of question though, be paid into a bank account based in said country, and don't forget to declare the income on your taxes when the time comes.  You won't need to pay anything for under 97k due to exemptions, but declare it none-the-less. 

 

 

~~moved to working and travelling during immigration from K1 progress reports~~

Edited November 23, 2017 by NikLR

[bakphx1 789]

I think Americans checking into work on vacation abroad would have to be accused of working illegally in that country if the reverse is true.  If the payroll and receiving bank account are both abroad, I don't think the employer relationship fits under U. S. Employment law. The fact you are working and not watching TV isn't really the point of what laws are for.  

[geowrian 22,337]

Yup, gray area...immigration and employment/tax laws haven't caught up to handle this kind of situation.

 

While unauthorized work is ignored for immediate relative category AOS applications, I still would never encourage somebody to take an action that I thought might be illegal just because they won't be punished for doing so.