K1 Visa Tax Questions

[Prisonmate 93]

I tried searching the forum archive for this tax situation but I still need help.

 

My fiancee is coming from the Philippines. She works at home using her own computer for US companies that needs online support. She gets hired and paid in pesos by a US company that specialize in connecting US Companies that needs  online workers.

 

When she arrives, she wants to continue working online until she gets her EAD. She don't pay Philippines  taxes on her income in the Philippines because she get pay in dollars but the company convert it to pesos for her. As far as her company knows, she is still working in the Philippines.

 

I plan to file Married jointly next year but do I need to report her income? She won't get a W-2 form or any tax form from the company she works for.

 

Thanks in advance for any help or advise.

[RT&MB 27]

35 minutes ago, Prisonmate said:

I tried searching the forum archive for this tax situation but I still need help.

 

My fiancee is coming from the Philippines. She works at home using her own computer for US companies that needs online support. She gets hired and paid in pesos by a US company that specialize in connecting US Companies that needs  online workers.

 

When she arrives, she wants to continue working online until she gets her EAD. She don't pay Philippines  taxes on her income in the Philippines because she get pay in dollars but the company convert it to pesos for her. As far as her company knows, she is still working in the Philippines.

 

I plan to file Married jointly next year but do I need to report her income? She won't get a W-2 form or any tax form from the company she works for.

 

Thanks in advance for any help or advise.

 

You want to speak with a tax professional about that.  That being said, my research indicates that you have to claim the income she will earn after you become married regardless of where it's paid if you file jointly.   If you file separately then you wouldn't have to claim the income but then you also don't get the benefit of her tax deduction and pay a higher marginal tax rate.  

 

Now your real problem is if she gets caught working for a US company without an EAD then her application is subject to rejection.  That's a pretty big risk for an online job...

[Pmta1 39]

That's a pretty common question. But for such a common question, there's not a solid answer. This "remote working" online hasn't been specifically addressed by the USCIS. It's very risky to do this and generally not recommended as it could be construed as "working". I agree with the other helpful member that this is something a CPA could help on. But it's more on the realm of immigration than taxation, I suppose. Overall, my gut feeling is that it's considered working and you shouldn't risk her working here even remotely.

[Ryan H 3,812]

Moved from K1 Process & Procedures to Tax & Finances During US Immigration forum.

[Just Paul 4,595]

On 1/15/2020 at 9:53 AM, Prisonmate said:

She don't pay Philippines  taxes on her income in the Philippines because she get pay in dollars but the company convert it to pesos for her.

So she doesn't pay US income tax either?  Where does the Filipino BIR thinks she gets her money from?

 

If having her income is important to the finances of the relationship then you should get married and file a spousal petition.

[Greenbaum 12,259]

On 1/15/2020 at 2:53 PM, Prisonmate said:

I tried searching the forum archive for this tax situation but I still need help.

 

My fiancee is coming from the Philippines. She works at home using her own computer for US companies that needs online support. She gets hired and paid in pesos by a US company that specialize in connecting US Companies that needs  online workers.

 

When she arrives, she wants to continue working online until she gets her EAD. She don't pay Philippines  taxes on her income in the Philippines because she get pay in dollars but the company convert it to pesos for her. As far as her company knows, she is still working in the Philippines.

 

I plan to file Married jointly next year but do I need to report her income? She won't get a W-2 form or any tax form from the company she works for.

 

Thanks in advance for any help or advise.

There are many posts on VJ about working remotely. The bottom line is there is an issue with the current laws being out of date. One part is written like you can (work remotely) another part is written like you cannot. As for working remotely the answer is in this thread and many other threads about the topic. The laws are outdated and unclear. Nothing says you can do it 100% and nothing says you absolutely cannot. So it's up to you

 

 

https://www.visajourney.com/forums/topic/631673-working-at-home-in-usa-for-foreign-sourced-income/