Opinions on influencer work while awaiting EAD

[dmeister3 92]

Hi all!  I just want to brainstorm with everyone this pretty unique situation my fiancé is in.  I browsed the forum for similar posts, but everything else had to do with more conventional online jobs or remote work for foreign-based companies.  Long story short, he plays video games for a living and produces live streamed online content with sponsorship contracts that are existing and registered to his foreign address.  I really hate the word influencer, but that is the easiest describing word that I have to explain his line of work. In my opinion, this is a grey area as the contracts were signed PRIOR to moving to the USA on K-1. He is still going to be paying foreign taxes until we can establish EAD.  I know it is a really common occurrence for content creators to film and post YouTube videos or other sponsored content while even on ESTA in the USA but technically since the content is produced on American soil, is that not considered work?  There are many channels of passive income he has from ad revenue on existing content as well.  He could probably take up to max 2 weeks off without completely decimating everything he has worked to build up over the last few years and for that reason I know it would completely be a valid reason for expedited EAD, but even valid expedites take months at best.  Thoughts on what we should do?

[K1visaHopeful 2,858]

Key words that popped out to me:

"For a living": that's his job, so regardless of how unique it is, it still falls in line with being employed while on US soil which is the grey area but still recommended here as something you should not do.

 

"Prior to": Doesn't really matter. Those with online jobs generating an income overseas from a previous job that they didn't quit while they are physically in the US is not recommended.

 

 

 

[K1visaHopeful 2,858]

Remember you'll be answering questions 16 and 17 on the I485 form truthfully and then again at the AOS interview under oath and you can't lie.

How your IO interpretes if you worked or not or violated your status is up to them.

 

"16. Have you EVER worked in the United States without authorization?"

Yes he is in the US and yes he is working. 

 

17. Have you EVER violated the terms or conditions of your 
nonimmigrant status?"

Yes because you cannot work without authorization.

(Those who EVER worked while visiting would also have to say yes here).

 

 

Edited November 1, 2021 by K1visaHopeful

[Chancy 6,243]

*** Moved from AOS from K1 Visas to Working & Traveling During US Immigration -- topic is about online work while pending EAD ***

 

[dmeister3 92]

10 hours ago, K1visaHopeful said:

Key words that popped out to me:

"For a living": that's his job, so regardless of how unique it is, it still falls in line with being employed while on US soil which is the grey area but still recommended here as something you should not do.

 

"Prior to": Doesn't really matter. Those with online jobs generating an income overseas from a previous job that they didn't quit while they are physically in the US is not recommended.

 

 

 

Hmmm okay. I’ll have to speak with the platforms legal team for clarification because it’s not something you are “hired” or can “quit” in a conventional way. I believe he filed with the equivalent of a foreign 1099 for Danish taxes and intended on doing the same thing until he got EAD. We want to go by the book 100% so thanks for the insight. 😁

[carmel34 3,648]

The inability to work once in the US is a big disadvantage of the K-1.  Of course, you can ask for an expedite for the work authorization, after entering the US on the K-1, getting married, then filing the proper forms.  All of that will take weeks.  If working immediately once in the US was so important, then getting married abroad and filing for a CR-1 visa would have been a better option.  I recommend filing for EAD as soon as you have a marriage certificate, and ask for an expedite, hope for the best.  Good luck with the upcoming marriage! 

[dmeister3 92]

16 minutes ago, carmel34 said:

The inability to work once in the US is a big disadvantage of the K-1.  Of course, you can ask for an expedite for the work authorization, after entering the US on the K-1, getting married, then filing the proper forms.  All of that will take weeks.  If working immediately once in the US was so important, then getting married abroad and filing for a CR-1 visa would have been a better option.  I recommend filing for EAD as soon as you have a marriage certificate, and ask for an expedite, hope for the best.  Good luck with the upcoming marriage! 

For sure. I wish we would have looked more into all the post entry challenges with the K1.  

[Joliejolieee 0]

Hi dmeister3. How did you resolve your problem? I'm in the same situation and I'm wondering what I should do. Please advise. Thank you so much

[EatBulaga 324]

@K1visaHopeful Just for hypothetical, say the influencer does not work while in the US and can prove by not uploading videos, etc. But he still gets residual income deposits to the foreign bank from previous views.

 

Would that suffice as not "ever worked in the US without authorization?"

 

Also, when it comes to filing for the IRS, taxes, even though the influencer has not worked, he still has to report the foreign income?