Working Rule While on K1 Visa

[kev and julia 2]

Hello Members,

 

My fiancee has online business in her home country.  

 

We understand that once her K1 visa is approved, she is not allowed to work while in the US until she receives her green card or some sort of work permit.  

 

My question is, while waiting for her green card or work permit, is she allowed to remotely working on her online business from her home country?

 

Thanks. 

[Boiler 46,327]

Every Lawyer you speak to would give you a different answer, one of the reasons a K1 is not considered to be the visa of choice except in very specific situations.

 

From a practical point of view the tax issues could be interesting, more complicated but clearer.

[kev and julia 2]

20 minutes ago, Boiler said:

Every Lawyer you speak to would give you a different answer, one of the reasons a K1 is not considered to be the visa of choice except in very specific situations.

 

From a practical point of view the tax issues could be interesting, more complicated but clearer.

Yes, it is a tricky question.  This question definitely has two aspects - one immigration and one taxation.  

 

I wonder if any member has similar working situation if their primary job is an online business from another country with non-US clients while waiting for green card.

[Boiler 46,327]

18 minutes ago, kev and julia said:

Yes, it is a tricky question.  This question definitely has two aspects - one immigration and one taxation.  

 

I wonder if any member has similar working situation if their primary job is an online business from another country with non-US clients while waiting for green card.

Of course comes up on a regular basis.

[Just Paul 4,595]

1 hour ago, kev and julia said:

Yes, it is a tricky question.  This question definitely has two aspects - one immigration and one taxation.  

This is an immigration forum.

1 hour ago, kev and julia said:

I wonder if any member has similar working situation if their primary job is an online business from another country with non-US clients while waiting for green card.

Just wondering . . . during the AOS interview what answer would she give to the question "Have you been working in the US?"

[kev and julia 2]

2 minutes ago, Paul & Mary said:

This is an immigration forum.

Just wondering . . . during the AOS interview what answer would she give to the question "Have you been working in the US?"

This exact question is the reason why we want to get a clear answer for the rule of engagement. With digital work environment and ubiquitous nature of the Internet, what is the US immigration law regarding to this word "work"?  Thank you for your input and I will ask the same question in the immigration forum to see other's experience and input. 

[Just Paul 4,595]

5 minutes ago, kev and julia said:

This exact question is the reason why we want to get a clear answer for the rule of engagement. With digital work environment and ubiquitous nature of the Internet, what is the US immigration law regarding to this word "work"?  Thank you for your input and I will ask the same question in the immigration forum to see other's experience and input. 

Good news / bad news

Unfortunately immigration law hasn't kept up with how we work and a nomadic lifestyle. And the US doesn't have a "working holiday VISA" 

Fortunately the US is one of very few countries with a fiance visa.

[SalishSea 18,232]

Not advisable.  Major drawback of the K-1.

[Allovertheworld 355]

10 hours ago, Paul & Mary said:

This is an immigration forum.

Just wondering . . . during the AOS interview what answer would she give to the question "Have you been working in the US?"

What if you never have AOS interview? Just wondering?

[Allovertheworld 355]

12 hours ago, kev and julia said:

Hello Members,

 

My fiancee has online business in her home country.  

 

We understand that once her K1 visa is approved, she is not allowed to work while in the US until she receives her green card or some sort of work permit.  

 

My question is, while waiting for her green card or work permit, is she allowed to remotely working on her online business from her home country?

 

Thanks. 

I would make sure her money goes from her 'Business" goes into her home bank account.

 

It's a grey area with no right or wrong answer. 

[Lucky2Lucky 2,526]

2 hours ago, Allovertheworld said:

What if you never have AOS interview? Just wondering?

You need to ask yourself do you want to chance it? If paid work of any kind is a priority then k1 should not be your choice, period.

[Allovertheworld 355]

15 minutes ago, Luckycuds said:

You need to ask yourself do you want to chance it? If paid work of any kind is a priority then k1 should not be your choice, period.

I would chance it in heartbeat

 

I have not heard people being questioned about working

 

Anyways who to say it right or wrong, nobody knows the answer.

[PeachesMagee 62]

2 hours ago, Allovertheworld said:

I would chance it in heartbeat

 

I have not heard people being questioned about working

 

Anyways who to say it right or wrong, nobody knows the answer.

I wouldn't just chance it. If you're uncertain, and nobody on the VJ forum can provide clear direction, ask USCIS.

The K1 Visa is clear.....no work permit. Is it worth the risk of being denied during the AOS interview, just because you've not heard anyone else being questioned about working? There is always a first time for everything! And, just because you haven't heard of anyone being questioned, doesn't mean it hasn't happened.

If it's a grey area, I (personally) would err on the side of caution, and not work. Or, apply for the CR1 Visa, as I did, so working upon entry to the US is an option.

 

Just my two cents. Good luck with whatever you decide.

[retheem 568]

Wisdom is profitable to the direct (walking away whistling)

[jeanieCZ 228]

I think you cannot. Just like you cannot return to your home country and work there.