Can beneficiary earn income in home country after entering US with K1 visa?

[NinjaChicken 5]

My fiance is actually capable of still working in Australia via zoom (more of a side hustle than fulltime job), but I'm worried that might upset the US gov and hurt us later on in this process. Everything I've read online is that she can't work in the US, but I can't find any information whether or not she can still earn Australian income while in the US before the work permit comes through. Anyone know? If she can't earn income by working, is passive income from renting out her former home ok?  Surely they can't tell her she's not allowed to have gains from an investment property...?

[payxibka 10,045]

2 hours ago, NinjaChicken said:

My fiance is actually capable of still working in Australia via zoom (more of a side hustle than fulltime job), but I'm worried that might upset the US gov and hurt us later on in this process. Everything I've read online is that she can't work in the US, but I can't find any information whether or not she can still earn Australian income while in the US before the work permit comes through. Anyone know? If she can't earn income by working, is passive income from renting out her former home ok?  Surely they can't tell her she's not allowed to have gains from an investment property...?

Investment income is fine

[B&C2017 123]

I think it depends on from where the work is performed. Just like one isn't allowed to work from the US while on vacation there, I doubt that your finace can work without having a US work permit.

Edited October 22, 2020 by B&C2017

[Crazy Cat 41,856]

4 hours ago, NinjaChicken said:

is passive income from renting out her former home ok?

Not a problem. 

[Mike E 11,739]

Technically she cannot work out her home in the US for an Australian company even if she is on the Australian payroll being paid Australian dollars.  
 

The IRS and the state where she lives will want to tax that earned income and for that she will need an SSN.  

[payxibka 10,045]

Lack of work authorization is the hurdle,  SSN (or lack thereof) is NOT the underlying issue.  A K1 can apply for an SSN immediately after arrival 

[NinjaChicken 5]

Thank you for the great information, everyone! I guess she'll just have to provide fitness training on zoom for free to keep her skills up until she gets her work permit   I assume selling handmade crafts on Etsy is not a good idea either, even if the amount earned is below the threshold required to be reported to IRS?

[JFH 12,190]

1 hour ago, NinjaChicken said:

Thank you for the great information, everyone! I guess she'll just have to provide fitness training on zoom for free to keep her skills up until she gets her work permit   I assume selling handmade crafts on Etsy is not a good idea either, even if the amount earned is below the threshold required to be reported to IRS?

Making and selling handmade items is also not permitted. 
 

The only things she would be able to do to generate income would be passive things such as stocks, bonds, renting out a property overseas, royalties on work created before she moved (so if she is a published author or a singer she can still earn royalties on the sale of her books or from her music being played on the radio, for example). 

[JFH 12,190]

1 hour ago, NinjaChicken said:

Thank you for the great information, everyone! I guess she'll just have to provide fitness training on zoom for free to keep her skills up until she gets her work permit   I assume selling handmade crafts on Etsy is not a good idea either, even if the amount earned is below the threshold required to be reported to IRS?

Making and selling handmade items is also not permitted. 
 

The only things she would be able to do to generate income would be passive things such as stocks, bonds, renting out a property overseas, royalties on work created before she moved (so if she is a published author or a singer she can still earn royalties on the sale of her books or from her music being played on the radio, for example). 
 

Edited to add: this thread is useful when people are considering which visa path to take. Especially people from VWP countries who don’t need a visa to visit the US and could visit and marry very easily (in non-COVID times). The CR-1 is almost always the more logical choice for such cases. 

[Greenbaum 12,259]

On 10/22/2020 at 3:01 AM, NinjaChicken said:

My fiance is actually capable of still working in Australia via zoom (more of a side hustle than fulltime job), but I'm worried that might upset the US gov and hurt us later on in this process. Everything I've read online is that she can't work in the US, but I can't find any information whether or not she can still earn Australian income while in the US before the work permit comes through. Anyone know? If she can't earn income by working, is passive income from renting out her former home ok?  Surely they can't tell her she's not allowed to have gains from an investment property...?

The topic of working in the US while you are adjudicating a I-485, Application to Register Permanent Residence or Adjust Status has been kicked around. Some folks say yes other say no. If you use the search box in the upper right-hand corner, you'll find many topics on this subject. Passive income from investments is allowed.

 

There are several sources that you need looked as a whole.

 

https://www.uscis.gov/working-united-states/working-us

 

1) You must have a Green Card, EAD, or a work-related visa to work in the US

 

2) "Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued."

 

This means unless you have a visa that allows you to work, you are not allowed to. K-1 visa is not a work visa. 

 

You do not become an immigrant until your adjustment of status, and therefore the quickest you are allowed to work on a K-1 visa is once the EAD has been issued.

 

Then, as far as working in the US for a foreign company goes.... here is a blog post about that has some sources in it

 

https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

 

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

From <https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens>

 

 

[joe and karol 15]

I would look into that.  I think you can't work with an American company but if you had a previous business or residuals from another company, that's not something you can just stop.   What if you had a rental, were a blogger for travel, investments?  It gets tricky.   I think the main thing is actively seeking work or continuing to work until you file for the  I-765.

Edited October 24, 2020 by joe and karol

[jess.y 66]

On 10/22/2020 at 9:07 PM, Mike E said:

Technically she cannot work out her home in the US for an Australian company even if she is on the Australian payroll being paid Australian dollars.  
 

The IRS and the state where she lives will want to tax that earned income and for that she will need an SSN.  

I have a question. If someone earns a living outside of the US, not in USD, in no way connected to the US, how will the IRS or whatever government unit know?

And another question, is it illegal to travel to the US and work from home there? Like working for a foreign company? This is so confusing to me. Thank you!

[NinjaChicken 5]

29 minutes ago, jess.y said:

I have a question. If someone earns a living outside of the US, not in USD, in no way connected to the US, how will the IRS or whatever government unit know?

And another question, is it illegal to travel to the US and work from home there? Like working for a foreign company? This is so confusing to me. Thank you!

I agree it is very confusing. That said, even if other governments don't talk to each other or have access to income tax information, is it worth risking yours or your significant other's status as an immigrant? It's not worth it to me, personally. My poor fiance will just have to accept being a trophy wife for 5-6 months until Uncle Sam allows her to work

[Crazy Cat 41,856]

35 minutes ago, jess.y said:

This is so confusing to me.

 A person cannot work from inside the US without proper authorization. A tourist, for example, is not authorized to work from inside the US.  

[jess.y 66]

12 minutes ago, NinjaChicken said:

I agree it is very confusing. That said, even if other governments don't talk to each other or have access to income tax information, is it worth risking yours or your significant other's status as an immigrant? It's not worth it to me, personally. My poor fiance will just have to accept being a trophy wife for 5-6 months until Uncle Sam allows her to work

No you’re right, it’s definitely not worth it I’m just genuinely curious as to how it works.