Working Rule While on K1 Visa

[Calicolom 266]

6 hours ago, Allovertheworld said:

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. 

Foreign income has to be declared. No matter where the back account is.

[Lemonslice 4,853]

1 hour ago, Calicolom said:

Foreign income has to be declared. No matter where the back account is.

Income is not necessarily work though.

[Limey 551]

I think this is a grey area.

 

I think we'd all be able to look at some jobs and say that certainly wouldn't be acceptable on a k1 or tourist visa (eg mowing lawns for money, working in a restaurant, etc). Its definitely more difficult to say it wouldn't be acceptable when the job is one that you could do from anywhere without being physically located in the US. Its not like you're gaining any work by entering the US (compare with the case where you mow lawns, server in a restaurant etc).

 

If you were visiting on a tourist visa, you'd be fine to do some work online for customers/clients etc back home. You wouldn't be considered to be working in the USA as you weren't being paid by a US company. Many people do some work for their business back home when on vacation, even if its only taking a few phone calls or writing emails.

 

I (as many do) also visited the US well before I lived here for the purposes of business. I was working in the US for US clients for my company back home in the UK. I remained employed in the UK and was paid (and taxed) in the UK.Again, this is completely legal, and I stated the primary purpose of my trip as business when entering the country. I also continued to field calls and emails relating to other clients of my UK job while in the US.

 

In theory the same should apply when on a k1. You can't take up direct employment with a US employer (mowing lawns, working in a shop etc), but if it were treated the same way as a tourist visa you should be able to do work for your employer/business outside the US. Of course the k1 is a little different as there is the assumption that you've left your home country for good and so won't be returning to work there so its a little trickier to argue that you're still employed outside the US.

 

I think immigration law hasn't really caught up with how things work today - where many of us can work from anywhere with a laptop and an internet connection. I looked into this quite a bit and couldn't really find a definitive answer one way or the other.

[Listen97 4]

I had a similar question I posted in the AOS Work forum because my wife is a Freelance teacher, and there doesn't appear to be a clear cut answer. It's all in the eyes of whoever if judging the situation (Courts, USICS, etc). A link was provided to me (see below) which discusses two sides of the argument. One that it deals with taxation laws and earning income would need to be accounted for. Second argument was that if the contract was made to an individual while in their country and paid to them in their currency then it may be allowed and cited a court case. In normal situations if you were hired outside the country and living in the US they will still have to follow US Tax Laws. But again does this fall on a taxation law or an immigration law. 

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/#:~:text=There is one important carve,or Q nonimmigrant visa status.&text=F%2C J %26 Q nonimmigrants and,source income by doing so.

[Boiler 45,535]

Subject to both not either or.

[kev and julia 2]

50 minutes ago, Listen97 said:

I had a similar question I posted in the AOS Work forum because my wife is a Freelance teacher, and there doesn't appear to be a clear cut answer. It's all in the eyes of whoever if judging the situation (Courts, USICS, etc). A link was provided to me (see below) which discusses two sides of the argument. One that it deals with taxation laws and earning income would need to be accounted for. Second argument was that if the contract was made to an individual while in their country and paid to them in their currency then it may be allowed and cited a court case. In normal situations if you were hired outside the country and living in the US they will still have to follow US Tax Laws. But again does this fall on a taxation law or an immigration law. 

 

https://www.nationofimmigrators.com/courts-on-immigration-law/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/#:~:text=There is one important carve,or Q nonimmigrant visa status.&text=F%2C J %26 Q nonimmigrants and,source income by doing so.

Reading through Listen97's link, it seems like there is no definite answer to my question because the Congress never defines what "employment" is.  So this question is really open for interpretation.

 

During AOS we apply for EAD because US employers need to check EAD.  With a foreign online business, EAD is not needed because who is going to check EAD?

[Crazy Cat 41,888]

11 hours ago, Allovertheworld said:

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. 

Legal is legal........illegal is illegal......where a person is caught or not.....

[JFH 12,190]

8 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.

“In a heartbeat”? Really? What is so attractive about the K-1 that you would have not even the slightest second thought about something that could jeopardize your case? 

Edited September 10, 2020 by JFH

[Boiler 45,535]

I am always surprised when this comes up as if working is an issue why K1 in the first place?

 

Well there might be some weird combination of circumstances where this could arise.

[Fr8dog 312]

Nobody can give you a correct answer. It has not been clearly defined as not being allowed, that is the main argument for the "yes you can" camp. The "no you can't" camp believes they are right because it has not been clearly defined as being allowed. The fact that you ask should in itself be enough for you to make a decision.

Personally I lean towards to "can" side of the argument, but decided to not change it. The extra income would have been nice, but not worth the risk and hassle if it would have ever been brought up.

[Ontarkie 14,227]

~~Moved to Working and Traveling as the topic is about working after entry on a K1.~~

 

 

Mod hat off

 

This topic comes up often and over the years that I have been on VJ, many members have done just that and it did come up in the interview. They always answered truthfully and seems was not an issue. I truly wish they would clear this up.

[devonydan 5]

I am not a lawyer, but according to immigration law, "Immediate Relatives" (including spouses) are an exception to the rule that aliens will be denied Adjustment of Status for "unauthorized employment."  Said another way, "unauthorized employment," by itself, is not grounds for denying Adjustment of Status in the case of a spouse who came to the U.S. on a K-1.  Lying about working IS grounds for denying AOS (intentionally misrepresenting anything in the application process is grounds for denial).

 

You can read this law here: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1255&num=0&edition=prelim#0-0-0-274.  Definition of "Immediate Relatives" can be found here: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1151&num=0&edition=prelim. 

 

You can also read about this here: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8.

 

I haven't found the definition of "unauthorized employment" yet, so I don't know if remote work for foreign employer is even unauthorized.  I also do not know if plans to work in the U.S. before being authorized could affect you receiving the K-1 in the first place (e.g., could it be a problem in the K-1 interview if you admit you're planning to work?).  Finally, I do not know what happens if ICE shows up at your door while you're working without a Green Card or EAD (seems highly unlikely to happen).

 

Personally, I'm in the position where we've already been doing this.  My K-1 wife has continued her foreign employment working remotely.  We're about to submit our I-485 application for AOS.  The application asks for the applicant's work history and it also asks "have you EVER worked in the U.S. without authorization?"  We're disclosing that she's been working, but I'm trying to figure out how we should answer the latter question.  We'll answer truthfully in the interview if asked about it.

 

Edited September 17, 2020 by devonydan

[Boiler 45,535]

Tell the truth.