Working on k-1

[Crazy Cat 41,845]

2 minutes ago, Amit&Julie said:

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.

If it can be reasonably seen as taking employment from a US citizen or resident who is authorized to work, then it is not allowed.  Even Grandparents babysitting is not allowed....

[Paul & Mallory 1,398]

4 minutes ago, Amit&Julie said:

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.

I'm not very privy to that info, as my husband hasn't implored those options. I'm going by threads other posters have shared in the past with their own experiences.

 

Try searching something like "K1 visa volunteer work", or along those lines, to see what info comes up throughout the forums. I definitely don't want to misguide, so I apologize for referring you to searching!

[NYCruiser 423]

19 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 are not working for 'free'. While you may not be getting paid, the company is benefiting financially from your work. Since your husband owns the company, then indirectly, you will benefit....so I would say don't touch it

[StoneChild 5]

Hello there you CANNOT work on a K-1 period, it's just a visa to get you here to get married and file the paperwork, it doesn't allow for any form of employment.

Get here do the wedding, file the papers and include an application for employment authorization document, then upon approval of that EAD then you can accept employment, with that being said all of this is discretionary and being on thin ice, you don't want to take up employment that would jeopardize your application.

[Amit&Julie 180]

@stacyt Here are some threads I found helpful:

 

 

[geowrian 22,337]

13 minutes ago, StoneChild said:

Hello there you CANNOT work on a K-1 period, it's just a visa to get you here to get married and file the paperwork, it doesn't allow for any form of employment.

Well technically, K-1 is authorized to work, but only with the appropriate documentation (the EAD). It's just not practical to apply for the EAD before AOS since it would expire (the K-1 original 90 days) before the I-765 is even approved.

[StoneChild 5]

28 minutes ago, geowrian said:

Well technically, K-1 is authorized to work, but only with the appropriate documentation (the EAD). It's just not practical to apply for the EAD before AOS since it would expire (the K-1 original 90 days) before the I-765 is even approved.

A K-1 is NOT authorized to work, when an adjustment of status is filed that changes the status from K-1, there is no such thing as a K-1 with EAD to work you either have a K-1 or an EAD.  Of course it's not practical, that's why you get married within the 90 days and file the AOS paperwork to include application for EAD.

Edited July 2, 2018 by StoneChild

[geowrian 22,337]

3 minutes ago, StoneChild said:

A K-1 is NOT authorized to work, when an adjustment of status is filed that changes the status from K-1, there is no such thing as a K-1 with EAD to work you either have a K-1 or an EAD.

This is incorrect. K-1 status (before or after marriage) allows you to file for an EAD. It's not practical given the current timelines, but it 100% is allowed.

 

K-1 is a legal status.

EAD is a benefit.

Status is not the same thing as using a benefit. A K-1 holder can have and use an EAD.

 

Edit:

I-765 (EAD) instructions, page 9: https://www.uscis.gov/system/files_force/files/form/i-765instr.pdf

"A. K-1 Nonimmigrant Fiance(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 if you are filing within 90 days from the date of entry. This EAD cannot be renewed. Any EAD application other than for a replacement must be based on your pending application for adjustment under (c)(9)."

Edited July 2, 2018 by geowrian

[StoneChild 5]

Ok if you say so, I have a very comprehensive knowledge of these procedures and how they work. Don't be mis-leading people into doing things to jeopardize their situation as if you don't already know that USCIS scrutinize everything and the number one rule is NEVER LIE OR PLAY GAMES WITH THEM.

[geowrian 22,337]

1 minute ago, StoneChild said:

Ok if you say so, I have a very comprehensive knowledge of these procedures and how they work. Don't be mis-leading people into doing things to jeopardize their situation as if you don't already know that USCIS scrutinize everything and the number one rule is NEVER LIE OR PLAY GAMES WITH THEM.

Your knowledge of the ability to apply for an EAD from K-1 status alone is incorrect.

Nothing stated above even remotely suggests misleading somebody or anything that could possibly jeopardize their situation, nor lying or misrepresenting anything.

[David & Diana R 1,005]

22 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 not going to listen but here goes anyway.  You cannot work for your husband or anyone until you have authorization to do so legally.  Once you are here you will be taking a job that a US citizen should be entitled to.  Your lawyer is stupid.  Get rid of the lawyer.  You don't need one and this one is leading you astray.  You see you can't work "FOR FREE".  There's really no such a thing.  If you are "helping out" you are providing a service to the company and the company I assume will benefit financially from those "free services" you are providing.  Don't try to bend the rules.  You should do a CR-1 instead.  Then you can legally work within days of arriving in the US.   

[David & Diana R 1,005]

3 hours ago, Amit&Julie said:

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.

Please don't hijack this post.

[stacyt 209]

5 minutes ago, David & Zoila said:

You're not going to listen but here goes anyway.  You cannot work for your husband or anyone until you have authorization to do so legally.  Once you are here you will be taking a job that a US citizen should be entitled to.  Your lawyer is stupid.  Get rid of the lawyer.  You don't need one and this one is leading you astray.  You see you can't work "FOR FREE".  There's really no such a thing.  If you are "helping out" you are providing a service to the company and the company I assume will benefit financially from those "free services" you are providing.  Don't try to bend the rules.  You should do a CR-1 instead.  Then you can legally work within days of arriving in the US.   

I'm a bit too far in this to re-apply for CR-1. I'm weeks away from my approval. The lawyer said it isn't legal but it's forgivable since it's helping the family business and not working without a contract for some company. The lawyer said it's a grey zone really and it should be fine. 

 

I'm not gonna be violating listening to everything in this thread, I don't want to put myself or the company at risk. 

 

I was honestly hoping to hear from people who did work remotely or for family while on k-1, but I guess it's not something people openly admit. I'm also wondering what's the checking process at USCIS and how these things usually get discovered or reported.

[Crazy Cat 41,845]

11 minutes ago, stacyt said:

The lawyer said it isn't legal but it's forgivable since it's helping the family business and not working without a contract for some company.

[David & Diana R 1,005]

Just now, missileman said:

Frickin' lawyers!! hahahaha