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

[jess.y 66]

8 minutes ago, Lucky Cat said:

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

Oh man I had no clue I can’t even work as a tourist In the US for my company in taiwan. Thanks for the info! 

[Mike E 11,732]

49 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?

If the someone is a US citizen or LPR, then that someone presumably maintains a foreign bank account. In some, if not most countries, banks will report that a citizen or LPR has opened a bank account to the US Department of Treasury. Failure to to then disclose this income on an IRS tax return will have consequences: the IRS is an agency within the Department of Treasury.

49 minutes ago, jess.y said:

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!

If you are not authorized to work in the US, then as I wrote before, technically this is illegal. Also: "work from home" implies your home is in the USA. Earlier in your sentence you said: "travel to the US". If you are not authorized to have the USA as your resident then traveling to your home in the USA is also illegal.

 

I will say this, I have traveled for business for decades across state lines and International borders and never have I ever worked anywhere but in my state of residence. I have however had business meetings outside my state and country of residence. Business meetings are not work. And when I am asked by an immigration officer the purpose of my visit, I say either:

 

* "Business meetings with my colleagues who for for a subsidiary of my US employer."

 

or

 

* "Meetings at a business conference with employees of other companies that my US employer partners with"

 

I have never been denied entry on this basis.

 

Some people get denied entry because they go off script. Sometimes officers try to trip you up with: 

 

Q: "Are you here for work?"

 

The incorrect answer is:

 

A:  "yes"

 

The only correct answer is:

 

A: "No, I am here to attend business meetings"

 

 

[Mike E 11,732]

32 minutes ago, NinjaChicken said:

 My poor fiance will just have to accept being a trophy wife for 5-6 months until Uncle Sam allows her to work

My wife kept busy with hobbies and English classes.

[Mike E 11,732]

On 10/22/2020 at 11:52 AM, 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?

Definitely a good idea.

[Mike E 11,732]

13 minutes ago, Mike E said:

Definitely a good idea.

Edit: I meant to type "definitely not a good idea"

[Orangesapples 1,954]

3 hours ago, Mike E said:

If the someone is a US citizen or LPR, then that someone presumably maintains a foreign bank account. In some, if not most countries, banks will report that a citizen or LPR has opened a bank account to the US Department of Treasury. Failure to to then disclose this income on an IRS tax return will have consequences: the IRS is an agency within the Department of Treasury.

If you are not authorized to work in the US, then as I wrote before, technically this is illegal. Also: "work from home" implies your home is in the USA. Earlier in your sentence you said: "travel to the US". If you are not authorized to have the USA as your resident then traveling to your home in the USA is also illegal.

 

I will say this, I have traveled for business for decades across state lines and International borders and never have I ever worked anywhere but in my state of residence. I have however had business meetings outside my state and country of residence. Business meetings are not work. And when I am asked by an immigration officer the purpose of my visit, I say either:

 

* "Business meetings with my colleagues who for for a subsidiary of my US employer."

 

or

 

* "Meetings at a business conference with employees of other companies that my US employer partners with"

 

I have never been denied entry on this basis.

 

Some people get denied entry because they go off script. Sometimes officers try to trip you up with: 

 

Q: "Are you here for work?"

 

The incorrect answer is:

 

A:  "yes"

 

The only correct answer is:

 

A: "No, I am here to attend business meetings"

 

 

I don't understand why business meetings are not considered work. Some people's jobs (sales people for example) basically consist of non stop meetings. 

[Mike E 11,732]

30 minutes ago, Orangesapples said:

I don't understand why business meetings are not considered work. Some people's jobs (sales people for example) basically consist of non stop meetings. 

If it is work, then a citizen of the country you are visiting can do the work.

 

If it is a meeting, then if a citizen of that country won't be able to do the meeting.

 

For example, let's say I am coming to a country A to meet with colleagues to review project status. This isn't work that I can have a citizen of country A do. Well I suppose I could do that, but then I still have to have the status reported. And I so I still have to meet at least one person of country A to receive the report. Since I have to meet at least one person, I might as well meet all the people that person would have met.

 

On the other hand, if there is a defect with a product at a customer's site in foreign country, without a work visa, I'm not allowed to perform the work to repair the product, because I can hire a citizen of country A to do the work. I can meet with that citizen worker to give high level direction. But the citizen must do the work.

Thus most countries have business visas and work visas. I get business visas for India every year (except  2020 obviously). My colleagues in India get business visas for the USA all the time.

 

A sales person is doing work when meeting a client. The objective of the meeting is to collect a check for a purchase. I have in foreign countries accompanied sales persons on meetings with customers. My job is to answer questions about the product and ask the customer questions about the product. The job of sales person, who is a citizen of that foreign country, is to sell product. If a check is handed over in the meeting, if I touch the check, I can be, and should be, deported.

Edited October 26, 2020 by Mike E

[Limey 551]

20 hours ago, Mike E said:

If it is work, then a citizen of the country you are visiting can do the work.

 

If it is a meeting, then if a citizen of that country won't be able to do the meeting.

 

For example, let's say I am coming to a country A to meet with colleagues to review project status. This isn't work that I can have a citizen of country A do. Well I suppose I could do that, but then I still have to have the status reported. And I so I still have to meet at least one person of country A to receive the report. Since I have to meet at least one person, I might as well meet all the people that person would have met.

 

On the other hand, if there is a defect with a product at a customer's site in foreign country, without a work visa, I'm not allowed to perform the work to repair the product, because I can hire a citizen of country A to do the work. I can meet with that citizen worker to give high level direction. But the citizen must do the work.

Thus most countries have business visas and work visas. I get business visas for India every year (except  2020 obviously). My colleagues in India get business visas for the USA all the time.

 

A sales person is doing work when meeting a client. The objective of the meeting is to collect a check for a purchase. I have in foreign countries accompanied sales persons on meetings with customers. My job is to answer questions about the product and ask the customer questions about the product. The job of sales person, who is a citizen of that foreign country, is to sell product. If a check is handed over in the meeting, if I touch the check, I can be, and should be, deported.

Years ago I'd visited the US several times on business. When they asked what type of business I explained I was a software developer who was completing installation and customization of software for a client of our UK company that was based in the US. I was stamped in, no problems (under ESTA). I think the things that you're permitted to do on a business trip are a little wider than just meetings. This isn't work a US citizen could have easily done, since it required an intimate familiarity with our software.

However, during these trips I'd always stated the purpose of my visit as "business" and explained the nature of that business if asked. When you enter on a k1 you aren't asked the purpose of your visit because the purpose is to get married and adjust to a permanent resident. Therefore even business meetings would appear to be outside the permitted activities for a k1.

[SalishSea 17,383]

On 10/26/2020 at 9:14 AM, jess.y said:

Oh man I had no clue I can’t even work as a tourist In the US for my company in taiwan. Thanks for the info! 

Really?  Even in the fine print of the visa application it doesn't specify that tourists in the US aren't permitted to work?

[Just Paul 4,594]

2 hours ago, Jorgedig said:

Really?  Even in the fine print of the visa application it doesn't specify that tourists in the US aren't permitted to work?

LOL it is in the B Series instructions:

https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html

On 10/26/2020 at 9:14 AM, jess.y said:

Oh man I had no clue I can’t even work as a tourist In the US for my company in taiwan. Thanks for the info! 

Work no, attend a conference go to meetings , attend training - yes.   If you were to "Transfer" to the US your employer would use an L visa.  I've worked for a bunch of telecom and media firms and we always brought "office / engineering" people over on L visas.  Journalists and Performers have their own series of VISA.

 

Since age 18 I have held various work and journalist visas for Canada, China, Greece, Kazakhstan, England, Philippines, Mongolia, Brazil, Panaguary, Panama, various African countries, New Zealand, Samoa . . . and even had residency in Mexico, Panama and Australia.  I've even had an official passport to advise on policy.  While getting the correct visas can be time consuming, and sometime amusing - one time I have to fly to Washington DC for an interview that was three questions / 2 minutes long, it is certain worth the effort.     I've had to get a work visa in a few cases to speak at a conference when my expenses were being paid.

[Mike E 11,732]

23 hours ago, Limey said:

Years ago I'd visited the US several times on business. When they asked what type of business I explained I was a software developer who was completing installation and customization of software for a client of our UK company that was based in the US. I was stamped in, no problems (under ESTA). I think the things that you're permitted to do on a business trip are a little wider than just meetings. 

Yes, https://en.wikipedia.org/wiki/B_visa#Acceptable_uses_of_a_B-1_visa has a long list. Your situation is specifically addressed.

But it is a long list that can tax the capabilities of a CBP officer. I once worked for a company who was expecting the arrival of a bunch of co-workers from another country. They were all denied at the airport of entry and sent back. The purpose of the visit was:

 

Quote

Participate in a training program that is not designed primarily to provide employment^[4]

 

The co-workers were coming to the USA for transfer of information. I can guess how the conversation went: "is this training necessary for your employment?" Etc.

 

Had my co-workers simply said "business meeting", they would have been admitted.

 

23 hours ago, Limey said:

However, during these trips I'd always stated the purpose of my visit as "business" and explained the nature of that business if asked. When you enter on a k1 you aren't asked the purpose of your visit because the purpose is to get married and adjust to a permanent resident. Therefore even business meetings would appear to be outside the permitted activities for a k1.

This is true too. When my then fiancee was asked what she would be doing with the business she owned, she replied: "My brother will take it over". That was the correct answer, and her K-1 was approved. An incorrect answer would have been that she would manage the business remotely.

[CrisBR 30]

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...?

Hello! Passive income is ok. On the other hand, working for a foreign employer while being in the US may incur in violation and that’s something you don’t want to have while going through the adjustment of status.

 

[Pbchief2 82]

I'm a bit confused here, during business meeting if you are being paid for your time isn't that working?

[Just Paul 4,594]

2 hours ago, Pbchief2 said:

I'm a bit confused here, during business meeting if you are being paid for your time isn't that working?

You are being paid in your home country by your employer.  The trip is occasional and incidental to jon at home.  It you are "working" 2 or 3 days every other week in the US that would not be covered by a B1 visa.

 

We have a business on the US Mexico border.   We have Mexican staff cross once every few weeks (for a day) for an all hands meeting or training.   They use boarding crossing cards (equivalent of a B1/B2) and we have the American staff do the same every few weeks into Mexico.  No issues either way.  Some professional staff have Treaty Trader (TN/ TD) and a few of us have Mexican Green Cards.  That allows those staff to live or work on either side on the border.

[bernart_kol 0]

On 10/22/2020 at 10:01 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...?

 

in fact, you don't need to worry about such small things. I'm sure it's legal. I, as a salesforce certified consultant, can also work with other countries and I am not obligated to answer to the law

Edited November 6, 2020 by bernart_kol