Working on k-1

[stacyt 209]

Hello guys,

 

wondering if anybody had similar situations.

 

I'm currently self-employed in my home country (Ukraine) and doing some freelancing. it so happened that a lot of work I'm currently doing is for an American company and my future husband is a co-owner of that company (long story, started working together before we even started dating). 

 

We spoke to a lawyer and he said that if I come on K-1, get married and do some work for my hubby's company for free, that will be considered as helping the family business and won't be looked at as an employment.

 

my questions are:

 

1) have anybody helped their spouses on business before getting ead or green card and have you listed that in your docs?

 

2) have anyone had troubles for similar kind of employment and how you handled it?

 

3) are there any people working remotely for us or non-us companies and getting paid while waiting for ead?

 

 

thanks!!!!

 

[Ontarkie 14,535]

~~Moved to Working and Traveling During Immigration, from K1 Progress Reports - The OP is looking ahead.~~

Edited July 1, 2018 by Ontarkie

[Crazy Cat 42,519]

19 minutes ago, stacyt said:

I come on K-1, get married and do some work for my hubby's company for free, that will be considered as helping the family business and won't be looked at as an employment.

Sounds like prohibited employment to me.  Because it's free doesn't change anything.

[stacyt 209]

I don't want to get myself or the company in trouble so I'll definitely stop working if I have to. But the lawyer said the fact my husband is an owner it kinda changes things around. Would love to hear some opinions 

 

I just want to help him out with some of the stuff, I won't even be going to the office most likely 

[florida racer 73 200]

1 hour ago, missileman said:

Sounds like prohibited employment to me.  Because it's free doesn't change anything.

Agreed

[geowrian 22,338]

Sounds like playing word games by the attorney.

I concur that it sounds like unauthorized employment.

[Jojo92122 1,924]

How does your husband being the owner change the character of what you do?  

 

You are working for free.  Unauthorized work.

[stacyt 209]

Thanks for your opinions, sounds like our lawyer might have given us bad advice.

 

Any experiences of people working on k-1 and how it has been handled? I'm sure there are ppl out there who didn't want/couldn't stop working for various reasons... ty!!!

[Crazy Cat 42,519]

This is another reason a CR-1 is superior to a K-1, the ability to start working after entering the US.

[stacyt 209]

5 minutes ago, missileman said:

This is another reason a CR-1 is superior to a K-1, the ability to start working after entering the US.

totally agree. haven't done enough research before making a decision on visa type.

[Roel 7,193]

1 hour ago, stacyt said:

Thanks for your opinions, sounds like our lawyer might have given us bad advice.

 

Any experiences of people working on k-1 and how it has been handled? I'm sure there are ppl out there who didn't want/couldn't stop working for various reasons... ty!!!

If you can't stop working then cancel k1. And apply for cr1 visa so you can work upon arrival. 

 

The only legal thing for you to do is to wait until you receive a work permit - which will be within 3 to 6 months period after you file AOS.  Can't do any work without it. 

 

Not sure what kind of experience you're asking about. People working illegaly without their EAD document? Uh... 

[geowrian 22,338]

4 hours ago, stacyt said:

Any experiences of people working on k-1 and how it has been handled? I'm sure there are ppl out there who didn't want/couldn't stop working for various reasons... ty!!!

Many experiences, actually. The legal option is to wait out the EAD or pursue a visa that permits working (such as a CR-1/IR-1, which grants LPR status upon entry).

If you get a firm job offer, you can request an expedite of the EAD (although this is backlogged so don't expect a quick response).

[Unidentified 2,930]

18 hours ago, stacyt said:

I don't want to get myself or the company in trouble so I'll definitely stop working if I have to. But the lawyer said the fact my husband is an owner it kinda changes things around. Would love to hear some opinions 

 

I just want to help him out with some of the stuff, I won't even be going to the office most likely 

You're an employee working for a company. The fact that your husband is your boss doesn't change the fact that you're working. 

[Paul & Mallory 1,398]

Work is work. There's no salary limitation or designation, so "for free" doesn't change anything. Who owns the company doesn't change anything. Some people have shared on here that they weren't even able to take up certain volunteer work, because it's considered work regardless of lack of pay.

 

If continuing to work as seamlessly as possible upon moving to the states with your partner is important, consider changing your path from K1 to CR1. It may require some recalibration, but CR1 recipients are able to work once they enter the country instead of having to wait, like K1 recipients do.

 

 

Edited July 2, 2018 by Paul & Mallory

[Amit&Julie 180]

53 minutes ago, Paul & Mallory said:

Work is work. There's no salary limitation or designation, so "for free" doesn't change anything. Who owns the company doesn't change anything. Some people have shared on here that they weren't even able to take up certain volunteer work, because it's considered work regardless of lack of pay.

 

If continuing to work as seamlessly as possible upon moving to the states with your partner is important, consider changing your path from K1 to CR1. It may require some recalibration, but CR1 recipients are able to work once they enter the country instead of having to wait, like K1 recipients do.

 

 

Where would one look for more info on what is allowed or not? My now-hubby is starting to get bored with staying at home all day, and I was thinking volunteering might be good for him--but not if it is somehow considered employment! I'm wondering where the line is drawn, and maybe this would help OP, also.