Question can my fiancé do odd jobs while waiting for work permits

[TogoAfrica 161]

We applied for the K1 visa and currently received our Noa2 and are now doing the next steps for medical exam and interview....

but my question is:

 

we realize he can not work on a k1 visa in America until he gets the work permits and that is taking possibly 4 months....but what about odd jobs for friends. This is the situation. A friend has offered us a place to live for free, in exchange he needs help repairing the house he just bought. So my fiancé, soon to be husband will help my friend and in exchange he will allow us to live there free. Is this against the law? He will not be working for a company and he will be only working for my friend and the place he just bought. Doing odd jobs and helping. But I’m just making sure this is legal. Thank you! 

 

Another friend did ask me recently if my fiancé can help him with some of his cleaning jobs occasionally....I wasn’t sure if that is legal, since the cleaning jobs are businesses. What are people’s thoughts on this? It’s occasional work, from time to time. Not continuous. 

 

And what is the thoughts on doing odd jobs for people and in exchange they pay not with money but with gifts? Just trying to understand the legal laws on what you can do and not do while waiting for work permits on a k1 visa. Thanks! 

[Crazy Cat 42,220]

What you have described is unauthorized work.....performing work in exchange for a benefit is work....compensation can take forms other than cash.....

[Crazy Cat 42,220]

There is no quick fox to the waiting period between K-1 marriage and receipt of his EAD.  If that is important, then maybe the CR-1 is a better choice:

K-1

    More expensive than CR-1

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-4 months)

    Spouse can not work until she receives EAD (approx 3-4 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

CR-1

    Less expensive than K-1

    No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

All-in-all, the CR-1 is superior to the K-1 imo.

[aleful 1,905]

hi

 

it doesn't matter, work is work and he will be compensated. He can volunteer but that is with no compensation, not even gifts

 

and the work permit can take even more time, there are people that have been waiting up to 5 or 6 months for the work permit, that's the downside

 

so if he isn't ready to or can't handle not working for a very long time, the k1 isn't for you

 

 

 

 

[Lucky2Lucky 2,526]

2 hours ago, TogoAfrica said:

We applied for the K1 visa and currently received our Noa2 and are now doing the next steps for medical exam and interview....

but my question is:

 

we realize he can not work on a k1 visa in America until he gets the work permits and that is taking possibly 4 months....but what about odd jobs for friends. This is the situation. A friend has offered us a place to live for free, in exchange he needs help repairing the house he just bought. So my fiancé, soon to be husband will help my friend and in exchange he will allow us to live there free. Is this against the law? He will not be working for a company and he will be only working for my friend and the place he just bought. Doing odd jobs and helping. But I’m just making sure this is legal. Thank you! 

 

Another friend did ask me recently if my fiancé can help him with some of his cleaning jobs occasionally....I wasn’t sure if that is legal, since the cleaning jobs are businesses. What are people’s thoughts on this? It’s occasional work, from time to time. Not continuous. 

 

And what is the thoughts on doing odd jobs for people and in exchange they pay not with money but with gifts? Just trying to understand the legal laws on what you can do and not do while waiting for work permits on a k1 visa. Thanks! 

it is not legal to work for ANY type of compensation. 

 

I’m not going to lie the first couple of months are tough with only one income.

[geowrian 22,338]

The issue is unauthorized work, not how one is compensated for it (housing, gifts, etc.). Even volunteer work can be unauthorized work (i.e. being an unpaid  receptionist or intern), although certain volunteer activities would be fine (soup kitchen, highway pickup, reading to children, etc.).

[TogoAfrica 161]

57 minutes ago, Luckycuds said:

it is not legal to work for ANY type of compensation. 

 

I’m not going to lie the first couple of months are tough with only one income.

Thanks....so i guess Im confused why it’s against the law if a friend is being kind and allowing you to live in his house and he just needs your help with something’s since my fiancé can’t work. He has all the time in the world to pick up a hammer and repair something. Lol my fiancé, soon to be husband can’t just sit around all day. If he wants to help someone do something, because of kindness and they in return are helping us with a place to live...hmmmm why is that illegal? I have searched and searched but I can’t seem to get a clear answer. Why can you volunteer but not help a friend and they in return help you? Is it possible you can send me articles on this? I agree this will be tough.....we know this....but it’s even tougher when it’s so nit picky of what you can do and not do. 🤦🏽‍♀️

[Crazy Cat 42,220]

7 minutes ago, TogoAfrica said:

Thanks....so i guess Im confused why it’s against the law if a friend is being kind and allowing you to live in his house and he just needs your help with something’s since my fiancé can’t work. He has all the time in the world to pick up a hammer and repair something. Lol my fiancé, soon to be husband can’t just sit around all day. If he wants to help someone do something, because of kindness and they in return are helping us with a place to live...hmmmm why is that illegal? I have searched and searched but I can’t seem to get a clear answer. Why can you volunteer but not help a friend and they in return help you? Is it possible you can send me articles on this? I agree this will be tough.....we know this....but it’s even tougher when it’s so nit picky of what you can do and not do. 🤦🏽‍♀️

Your words were "A friend has offered us a place to live for free, in exchange he needs help repairing the house he just bought. So my fiancé, soon to be husband will help my friend and in exchange he will allow us to live there free. "

 

^^THAT is what makes it unauthorized work....^^^  That is NOT "because of kindness"......that is work, imo.

 

 

[Crazy Cat 42,220]

Your husband, by repairing the friend's house, is performing work which would otherwise could be done by someone who is legally authorized to work in the US.

 

 

Edited August 5, 2018 by missileman

[Crazy Cat 42,220]

This is a pretty good page regarding unauthorized work:  https://curranberger.com/employment-based-immigration/e-visas-for-entrepreneurs/faq-unauthorized-employment/#What is unauthorized employment

[geowrian 22,338]

1 hour ago, TogoAfrica said:

If he wants to help someone do something, because of kindness and they in return are helping us with a place to live...hmmmm why is that illegal?

Because the US government's stance is that he should be hiring somebody authorized to work in the US to perform those activities.

[Lucky2Lucky 2,526]

5 hours ago, TogoAfrica said:

Thanks....so i guess Im confused why it’s against the law if a friend is being kind and allowing you to live in his house and he just needs your help with something’s since my fiancé can’t work. He has all the time in the world to pick up a hammer and repair something. Lol my fiancé, soon to be husband can’t just sit around all day. If he wants to help someone do something, because of kindness and they in return are helping us with a place to live...hmmmm why is that illegal? I have searched and searched but I can’t seem to get a clear answer. Why can you volunteer but not help a friend and they in return help you? Is it possible you can send me articles on this? I agree this will be tough.....we know this....but it’s even tougher when it’s so nit picky of what you can do and not do. 🤦🏽‍♀️

What is employment?

The USCIS defines employment as “any service or labor performed by an employee for an employer within the United States.”[2] An employee is defined as “an individual who provides services or labor for an employer for wages or other remuneration,” while an employer is defined as “a person or entity, including an agent or anyone acting directly or indirectly in the interest thereof, who engages the services or labor of an employee to be performed in the United States for wages or other remuneration.”[3]

 

https://www.google.com/amp/s/m.huffpost.com/us/entry/us_5993068ee4b0ed1f464c0e3a/amp

 

As regards to your husband can’t sit around all day- that drive my husband crazy. He learned to love Netflix, something he never had. It was also winter so he couldn’t venture outside as he pleased. It’s tough but I would never have done a thing to put my husbands status/our life together in jeopardy.

[Kiolas 103]

5 hours ago, TogoAfrica said:

Thanks....so i guess Im confused why it’s against the law if a friend is being kind and allowing you to live in his house and he just needs your help with something’s since my fiancé can’t work. He has all the time in the world to pick up a hammer and repair something. Lol my fiancé, soon to be husband can’t just sit around all day. If he wants to help someone do something, because of kindness and they in return are helping us with a place to live...hmmmm why is that illegal? I have searched and searched but I can’t seem to get a clear answer. Why can you volunteer but not help a friend and they in return help you? Is it possible you can send me articles on this? I agree this will be tough.....we know this....but it’s even tougher when it’s so nit picky of what you can do and not do. 🤦🏽‍♀️

Hello TogoAfrica,

I really understand your frustration. Your question is very interesting. Logically, you are totally right. However, U.S. law is very complicated and, most of the time, has nothing to do with logic.

 

Logically, your fiancé can help your friend. But, let's say, something happens and your friend becomes angry/dissatisfied with your fiancé help. Then, your friend can become your enemy. He can go and report your fiancé to USCIS, even make false statements out of anger.This is just an example. But think this way and you can easily see how things may turn into the wrong direction.

 

If you have doubts regarding these activities, wether they are considered as work or not, be very careful. 

 

  

[TogoAfrica 161]

Thank you everyone! I’m understanding this more.....I’m wondering if you can direct me to examples, or explain more the consequences if the government feels what you are doing is work? Will he be deported? Does it hinder him getting a green card? How does the government know? I’m not trying to hide anything....i am understanding completely what you have all explained here. I can also see how important it is to be careful....but I’m also seeing how we could innocently do something that could be considered “work”......like just for an example the old lady next door ask for her lawn mowed and my husband goes over out of kindness, and because she is kind also (I do have a older neighbor and she always insisting I take a little money for different things. Sometimes I do and sometimes I don’t.becaus I know refusing everytime also hurts her, she wants to give also how she can)....but if she gives him money, this could be now considered unauthorized work 🤷🏽‍♀️. Here is another simple situation that could get us in trouble, without us even intending to “work”. And now I fear we do something we don’t even consider work and the government does and we get in trouble. What will happen?  I’m also just curious, how do they know? How do they find out? Thank you for exhaling this! 

 

It is is a little late to do the cr1 Avenue 😜 since we are now waiting to schedule the the medical exam and the interview. But I do see clearer the differences and the benefit of this option. But not an option now, since We are so close. We will 

[TogoAfrica 161]

11 hours ago, missileman said:

Your husband, by repairing the friend's house, is performing work which would otherwise could be done by someone who is legally authorized to work in the US.

 

 

I’m understanding, thank you! Hmmm well our friend will be highering paid workers....he was just Thinking we could help also, especially since my soon to be husband will have a lot of free time on his hand. And for me, I’m helping take care of my friends elderly father. Maybe my choice of words was not correct.... saying the help was in exchange for a place to live. Technically if we helped or not, my friend would still allow us to live there. I have been volunteering my time for the last 4 years in Togo, it’s how I met my fiancé. My income has been low because what I was doing was volunteering.  I would work here 4 months in America and volunteer 8 months in Togo. Because of my wonderful friends supporting me, I have been able to do this for 4 years. Now that we have fell in love and decided to marry and live in America because of my parents health....I/we will need to make a living here. My friend needs help with his house he bought and his father, we offered to help....in exchange he is letting us live there. But maybe I shouldn’t say in exchange, since he would let us live there if we were helping or not. But it’s just the nice thing to do. But now I’m fearing this will be considered illegal, unauthorized work. 😏