K1 Visa: Working Remotely While Waiting for Work Permit and Green Card

[Rica7590 0]

Hello! 

I haven’t found much information online about this exact topic.

 

I am in the final stretch of my I129 F being accepted. Once my K1 Visa is accepted and I go to the USA, get married and apply for my work permit and green card, I am wondering if I am able to work a temporary remote job with a Canadian company while I am in the US waiting for my formal work permit (I do have a formal address in Canada still when I move). From my knowledge, I would have to pay taxes in both countries, in this case. I am not sure if this could affect my whole permit and green card process negatively or even face rejection.. 
 

Any input would be greatly appreciated! 
 

Erica 

[Boiler 45,520]

I never understand why people go for the K1 and then ask these questions.

 

K1 has very little going for it at the best of times.

 

K1 is work authorized for 90 days but evidence is the issue. Now this may or may not be an issue for a Canadian company 

 

Are HR ok with having a US resident employee?

Edited October 6, 2021 by Boiler

[Rica7590 0]

Thanks for your response. K1 used to be the fastest way to be able to come to the US, which originally worked for my partner and I, but obviously due to COVID, this process is much longer! I originally did not plan on working and waiting for my work permit, but since I know the delay is most likely going to be substantial, I am looking to research potential avenues. 

 

The employer supplies 6 month contracts and is ok with me working from the US for that amount of time. The main thing I am worried about is my US work permit and green card being jeopardized, because I will be making the Canadian dollar while living and immigrating to the US. 

[Boiler 45,520]

Well the EAD timeline is not that different so sounds like you are OK not working for sometime.

 

I know some employers balk about employees being resident abroad and do not want to get involved with the issues which is why I mentioned that aspect.

 

A K1 is not a work permit, I am going to assume your EAD is your concern, you can of course try to expedite that but sounds like financially your are OK. Well of course nobody know how long you will need to wait for a EAD, we can only see the past. 

 

As I mentioned earlier K1 is work authorised for the 90 days, back in the day you could get a stamp in your passport on entry or EAD quickly which just evidenced that, and something a US Employer would need to see. I assume your Canadian Employer would not.

 

Best bet for a K1 on entry is to get your SSN, get married and file to adjust asap. Applying for EAD and AP at the same time, which is free.

 

 

 

 

 

 

 

 

[SalishSea 17,833]

5 hours ago, Rica7590 said:

Thanks for your response. K1 used to be the fastest way to be able to come to the US, which originally worked for my partner and I, but obviously due to COVID, this process is much longer! I originally did not plan on working and waiting for my work permit, but since I know the delay is most likely going to be substantial, I am looking to research potential avenues. 

 

The employer supplies 6 month contracts and is ok with me working from the US for that amount of time. The main thing I am worried about is my US work permit and green card being jeopardized, because I will be making the Canadian dollar while living and immigrating to the US. 

Working from within the US is not permitted without a work permit.  

 

Even pre-COVID, K-1 was not the best visa if working immediately was a concern.  My husband arrived in October of 2018, and had his EAD by March of 2019, which was lightning-fast, but many others at that time waited much longer.

 

Sounds like a spousal visa would have been the better choice.

[Ontarkie 14,225]

~~Moved to Working and Traveling, from K1 P&P - the OP's questions is working in the US for a Canadian company while waiting for the EAD~~

[JeanneAdil 6,509]

IRS tax complications

Canada and US

after marriage and applying for the EAD,  you are US resident and responsible for US taxes and plus the Canada taxes as working for canadian company 

for USA to be tax exempt for foreign income the physical presense comes into play meaning u must live there 330 consecutive days 

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-physical-presence-test

 

 

so, before u do this,  check Canadian tax responsibilites

[Rocio0010 5,579]

I see this question show up here at least once a month, if not more. 
No, legally you should not be working without a work permit, even if it is for a company located outside of the U.S. 

[Boiler 45,520]

32 minutes ago, JeanneAdil said:

IRS tax complications

Canada and US

after marriage and applying for the EAD,  you are US resident and responsible for US taxes and plus the Canada taxes as working for canadian company 

for USA to be tax exempt for foreign income the physical presense comes into play meaning u must live there 330 consecutive days 

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-physical-presence-test

 

 

so, before u do this,  check Canadian tax responsibilites

After marriage? I assumed usually from entry.

[Crazy Cat 41,884]

21 hours ago, Rica7590 said:

Hello! 

I haven’t found much information online about this exact topic.

 

I am in the final stretch of my I129 F being accepted. Once my K1 Visa is accepted and I go to the USA, get married and apply for my work permit and green card, I am wondering if I am able to work a temporary remote job with a Canadian company while I am in the US waiting for my formal work permit (I do have a formal address in Canada still when I move). From my knowledge, I would have to pay taxes in both countries, in this case. I am not sure if this could affect my whole permit and green card process negatively or even face rejection.. 
 

Any input would be greatly appreciated! 
 

Erica 

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