K1 Visa While Working on the USA

[robj 1]

My girlfriend and I have a K1 process going. We got the first notification in August of 2021. Is there any rule against working remotely for a US based company? She would be working for this company in her country, while visiting the USA, and during the K1 and green card process.

[Boiler 45,486]

She can not work in the US without work authorisation.

 

K1 seems an odd choice when you are raising this as an issue.

[canadian_wife 1,822]

From the USCIS website

So yes, there is a rule.  She cannot work without work authorization.  Very simple and straight forward.

 

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

 

Good luck 

[robj 1]

If the company is hiring foreigners can she work under whatever work visa the company is using though?

[Boiler 45,486]

4 minutes ago, robj said:

If the company is hiring foreigners can she work under whatever work visa the company is using though?

Often a work visa so a better option than a fiancée visa. Company picks up the costs, quicker and they may cover relocation costs 

 

Do you know which work visa they will sponsor her for?

[robj 1]

I just got done speaking with her. I think she may be mistaken. She thinks she can apply for a remote job with a US based company, but she doesn't know which visa it would be under. I think she applied for a US based company and they didn't notice she wasn't from the US and they still scheduled an interview.

[Boiler 45,486]

She can work remotely in her country, she only needs visa/work authorisation if she wants to do this job in the US.

[Redro 4,611]

8 hours ago, robj said:

I just got done speaking with her. I think she may be mistaken. She thinks she can apply for a remote job with a US based company, but she doesn't know which visa it would be under. I think she applied for a US based company and they didn't notice she wasn't from the US and they still scheduled an interview.

She probably won't get the job. 

I've looked at a couple of remote jobs based in the US in the past and they always require the worker to be a US citizen or already have work authorization.

I don't think the company will give her a work visa. 

 

 

[SalishSea 17,828]

11 hours ago, robj said:

My girlfriend and I have a K1 process going. We got the first notification in August of 2021. Is there any rule against working remotely for a US based company? She would be working for this company in her country, while visiting the USA, and during the K1 and green card process.

Not legal.

 

She cannot work remotely while visiting.

 

She cannot work after entering on the K-1, for upwards of 8 months.

 

CR-1 may have been a better choice for you.

[Thunderbolt 172]

If she's employed by US based company and working from let say Germany, she can come to US for meetings or expos etc.

She can't be living in US, she will need work visa.

My previous company had a lot of employees in Europe. They would come to US once or twice a year for week or two. Just to meet the 'rest of the team', for training or some conference. We also had foreign employees working in our office, but they were under (I think that's the visa type) H2 visa. They had to renew it every year.

[SteveInBostonI130 3,434]

If she somehow gets the job without a work-related visa (perhaps the US company has international branches?), she can work remotely while she is in her country.

 

She cannot work when she is visiting the US, other than attending meetings or training.

 

She cannot work when she enters on the K1 visa.

 

She can work after marrying you and getting the EAD card.  

[robj 1]

Yea. They canceled the interview after she pointed out she wasn't from the US.

 

Can she work remotely for a company from her country while here on the K1 visa? I don't see how that would be an issue.

[Boiler 45,486]

4 minutes ago, robj said:

Yea. They canceled the interview after she pointed out she wasn't from the US.

 

Can she work remotely for a company from her country while here on the K1 visa? I don't see how that would be an issue.

I think you need to take a step back and review your options, that question has been answered several times.

[Demise 1,283]

Considering your situation it'd probably be best to just meet up, marry, do a CR1 rather than a K-1, and have her work remotely from her country until she gets the immigrant visa. Upon entry she'll be an LPR and immediately eligible to work so she'll be eligible to continue working for whoever whether it is the US or foreign branch that's hired her.

 

K-1 will leave her with a hole between entry and when she gets the AOS EAD where she's unable to work.

 

Yeah the whole thing is a mess and the situation comes up frequently in cases of B-1/VWB visitors who come to US for some business and they're extremely limited in the duties they can actually perform for their actual employer abroad.

Edited February 4, 2022 by Demise

[powerpuff 6,697]

1 hour ago, robj said:

Can she work remotely for a company from her country while here on the K1 visa? I don't see how that would be an issue.

Work is work, whether it's remote or in person, for a US based company or a foreign company. She cannot work without an EAD.