EAD questions post K1 visa

[KP0515 7]

Hello everyone. I am the petitioner on a K1 visa application and had some questions about the AOS/EAD process. Once K1 couples get married and apply for AOS/EAD, do all of those applications go to a certain USCIS service center? Or is it dependent on where the couple lives? And also, once we are married, is my husband allowed to work remotely for a foreign company while we wait for work authorization in the US? His employer has offered to let him work remotely even after he leaves his home country and that would be a huge help to us financially. 

[Ayrton 965]

50 minutes ago, KP0515 said:

Hello everyone. I am the petitioner on a K1 visa application and had some questions about the AOS/EAD process. Once K1 couples get married and apply for AOS/EAD, do all of those applications go to a certain USCIS service center? Or is it dependent on where the couple lives? And also, once we are married, is my husband allowed to work remotely for a foreign company while we wait for work authorization in the US? His employer has offered to let him work remotely even after he leaves his home country and that would be a huge help to us financially. 

They all go to the NBC. EAD is approved by them. AOS will be sent to your local field office for an interview after the NBC verifies all the documents are okay. And don't forget to apply for AP.

 

No work can be done in the US without proper authorization, it doesn't matter where the employer is. So the answer is no, your spouse can't work remotely.

 

[HRQX 4,145]

1 hour ago, KP0515 said:

and apply for AOS/EAD

Also recommended to submit Form I-131 at the same time. It's free: https://www.uscis.gov/i-485

Filing Forms I-765 and I-131 with Form I-485

If you submit Form I-485 and pay the required fee, you do not have to pay an additional fee to also file Form I-765, Application for Employment Authorization, and/or Form I-131, Application for Travel Document, for advance parole. You may submit these forms together. If you choose not to file Form I-765 and/or Form I-131 with your Form I-485, then you must submit a copy of your I-797C, Notice of Action, (also known as your receipt) as evidence that you filed Form I-485.

[powerpuff 6,686]

Moved from AOS from K1 Case Filing and Progress Reports to working and traveling during US immigration as OP is inquiring about EADs and remote work

[KP0515 7]

On 7/31/2021 at 11:42 PM, Ayrton said:

They all go to the NBC. EAD is approved by them. AOS will be sent to your local field office for an interview after the NBC verifies all the documents are okay. And don't forget to apply for AP.

 

No work can be done in the US without proper authorization, it doesn't matter where the employer is. So the answer is no, your spouse can't work remotely.

 

So even if the employer is not a US company and not located in the US, it's still illegal?

[Chancy 6,241]

3 hours ago, KP0515 said:

So even if the employer is not a US company and not located in the US, it's still illegal?

 

USCIS is silent on the matter of remote work for a foreign employer, by those without work authorization.  So you will not get a definitive answer.  It's a gray area.  That's it.  Then it's up to you to assess the risks of engaging in an activity that may or may not be legal.

 

Edited August 3, 2021 by Chancy
clarification

[Ayrton 965]

5 hours ago, KP0515 said:

So even if the employer is not a US company and not located in the US, it's still illegal?

It's a gray area between immigration law and tax law. 

 

When you live in the US, you're considered a US person, therefore you need to report all income you receive, it doesn't matter where it's coming from. But since your residence is in the US, you need authorization to work here. If you search online, most lawyers will say it's illegal to work without authorization, it doesn't matter where the employer is.

 

Someone recently got a RFE because they included their foreign income (they kept working after entering the country with a K1) on the 864. USCIS was asking for proof of authorization to work in the US in order to accept the foreign income included in the form. So that basically proves that you would need authorization to keep working for the foreign employer.

 

The other question on this matter is: would that affect your AOS. The answer is no if the petitioner is a USC, because unauthorized work is forgiven for spouses of USC.