Job Outside of US

[gkyhdjr 2]

Hello! First time poster here. Me (USA) and my fiancé (UK) just submitted our paperwork at the end of May. I wasn't sure of this question had been asked before, as I looked for it and couldn't find it, so if it has I apologize.

 

Basically, my fiancé is a website and software programmer, so he can work remotely. He also recently got a job offer from a non-USA based company which would allow him to work pretty much completely remotely. In fact, they were actually excited that he would be moving here, since they wanted someone in the US. So my question comes when he actually gets here and isn't allowed to work for those first months. If he already has a job and works remotely, and for a non-USA company, will he still be okay to keep working? He told this new job offer that he would be willing just to do volunteer work when he gets here if so, and then go back to being a paid worker once we get all the required things done. However, that's not the best situation and would be pretty financially hard on me. Hopefully this all makes sense.

 

Long story short, does the "not allowed to work" thing only involve getting a job here in the US, or for all work even from their original country? Thanks for your help!

[JFH 12,190]

If it’s for a non-US company and can be done remotely, why are they “excited to have someone in the US”? Sounds like the job has to be done in the US or is for US-based clients and without a work permit he cannot work in the US. 
 

If working as soon as he arrives is a priority, the K-1 is the wrong visa. Get married and file for a spousal visa and he will be able to work for this or any other company as soon as he arrives. Why muddy the waters with a K-1 and a very gray area with remote working? 

[Crazy Cat 41,850]

14 minutes ago, Sierra R said:

Hello! First time poster here. Me (USA) and my fiancé (UK) just submitted our paperwork at the end of May. I wasn't sure of this question had been asked before, as I looked for it and couldn't find it, so if it has I apologize.

 

Basically, my fiancé is a website and software programmer, so he can work remotely. He also recently got a job offer from a non-USA based company which would allow him to work pretty much completely remotely. In fact, they were actually excited that he would be moving here, since they wanted someone in the US. So my question comes when he actually gets here and isn't allowed to work for those first months. If he already has a job and works remotely, and for a non-USA company, will he still be okay to keep working? He told this new job offer that he would be willing just to do volunteer work when he gets here if so, and then go back to being a paid worker once we get all the required things done. However, that's not the best situation and would be pretty financially hard on me. Hopefully this all makes sense.

 

Long story short, does the "not allowed to work" thing only involve getting a job here in the US, or for all work even from their original country? Thanks for your help!

You might want to read this:  https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

Personally, I think any work while inside the US is prohibited without proper authorization (EAD).

[gkyhdjr 2]

3 minutes ago, JFH said:

If it’s for a non-US company and can be done remotely, why are they “excited to have someone in the US”? Sounds like the job has to be done in the US or is for US-based clients and without a work permit he cannot work in the US. 
 

If working as soon as he arrives is a priority, the K-1 is the wrong visa. Get married and file for a spousal visa and he will be able to work for this or any other company as soon as he arrives. Why muddy the waters with a K-1 and a very gray area with remote working? 

I'm not sure of the exact details, but I believe they have some clients in the US, so perhaps you are correct that without a work permit he won't be able to do that.

 

And it's not necessarily a priority, I already planned for everything with him not working in mind. I was just curious if that is something he would be able to do or not, since this was a new development. Thanks for the answer!

[gkyhdjr 2]

6 minutes ago, Lucky Cat said:

You might want to read this:  https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

Personally, I think any work while inside the US is prohibited without proper authorization (EAD).

Thank you very much! Yeah it definitely does seem like any work in the US is prohibited based on what this says.

[Crazy Cat 41,850]

1 minute ago, Sierra R said:

Thank you very much! Yeah it definitely does seem like any work in the US is prohibited based on what this says.

The subject comes up pretty often here.

[Ontarkie 14,222]

He also cannot volunteer for that company as it is not really a volunteer position (one that will never lead to paid work).

[carmel34 3,626]

5 hours ago, Sierra R said:

However, that's not the best situation and would be pretty financially hard on me.

K-1 and then AOS approval requires that you show evidence that you can support him on your own or with a co-sponsor in the US, enough to satisfy the CO and IO that he won't be a public charge.  Employment authorizations following marriage on a K-1 take a long time, so be prepared to support him for at least 6 months, up to a year with the backlog these days.  My husband worked remotely in Brazil before coming to the US and planned to continue this same work immediately after he came here, this was one reason we decided that a CR-1 was much better, plus he wanted the freedom to travel outside the US if he wanted to in that first year.  Good luck!

[Lemonslice 4,841]

11 hours ago, Sierra R said:

And it's not necessarily a priority, I already planned for everything with him not working in mind. I was just curious if that is something he would be able to do or not, since this was a new development. Thanks for the answer!

Just make sure it is not a priority for him - if he loves this position, he might want to be able to keep it.