EAD and Self-Employment?

[SafeTravels 42]

Hi all,

 

I've seen a lot of back and forth on this that I'm hoping someone can shed light on a clear answer.

 

I'm currently waiting for my K1 NOA2 but already thinking ahead. My fiancé is currently self-employed, he offers online tutoring and proofreading services if you know anyone in need!  I've seen some posts saying that this type of work is allowed to be continued after POE in the US as long as he has a ITIN number because he's not employed by a US company and this salary isn't being deposited into a US bank account. 

 

On the flip side, I've seen that this is still illegal because he's working on US soil, regardless of anything else.

 

Does anyone have any first hand knowledge of this? Or should I go directly to the source and just ask USCIS?

 

These are some of the other posts I've read through:

 

[Wuozopo 4,293]

For 10 years I've seen this debated. There is no answer. There is no clear definition in the law. So you will get speculations, opinions, and such from novices to immigration lawyers. If USCIS had an answer, it would be clearly stated and easy to find. 

 

Income deposited into a non-US bank account means nothing. It could be deposited in a hole in the ground. Neither grants you specific immigration benefits or permissions on a gray area topic. Fast forward and say you are married at the end of this year. So for 2018 tax year you want to file a joint return. If so, worldwide income is reported to the IRS. Taxes are owed to the country where he resides. So where is he residing when he is earning this money after POE? Is he residing in the UK or US? This gets to be an IRS question to research as well. Fortunately there are answers to the tax questions. Start reading Publication 519 and the tax treaty between the US and UK.

 

The good news in my opinion is nobody from USCIS is going to be stalking him or knowing what he is doing with his time. Just pick one. Some work, some are afraid to....and learn how to do a self-employed US tax return.

 

 

Edited March 6, 2018 by Wuozopo

[payxibka 10,045]

2 hours ago, SafeTravels said:

I've seen some posts saying that this type of work is allowed to be continued after POE in the US as long as he has a ITIN number

 

ITIN can be used in lieu of an SSN in any situation EXCEPT for work  

[SafeTravels 42]

Thank you both!