K1 Visa While Working on the USA

[robj 1]

34 minutes ago, powerpuff said:

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. 

I was under the impression she couldn't work because she'd be unauthorized to work as a US citizen. So I thought working for her country, even while here on her K1 and prior to a green card, would be okay. Thanks for clearing that up.

[robj 1]

44 minutes ago, Demise said:

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.

We are fine with the K1 and my job can easily support her. More money would be better and she is gonna be bored though.

Thanks everybody for the replies!

[Redro 4,611]

5 hours ago, robj said:

We are fine with the K1 and my job can easily support her. More money would be better and she is gonna be bored though.

Thanks everybody for the replies!

She is going to be bored for about 8 months. 

That's how long EAD and AP are taking.

Also, you should research the rules around drivers licences in your state. There is a good chance she won't be able to drive while she is waiting for work authorization.

If you are worried about your future wife's well being in the US. Reconsider the path you are currently on.

 

 

[cuongvt101 5]

On 2/3/2022 at 10:29 AM, canadian_wife said:

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 

I think you mistaken. My understanding is that his fiancee has a job in the foreign country, and she doesn't have K1 visa yet (pending), so assuming she is coming to the US on different visa (B2 maybe). What's with all the remote working thing after Covid? Thought people can work from everywhere?

[robj 1]

21 hours ago, cuongvt101 said:

I think you mistaken. My understanding is that his fiancee has a job in the foreign country, and she doesn't have K1 visa yet (pending), so assuming she is coming to the US on different visa (B2 maybe). What's with all the remote working thing after Covid? Thought people can work from everywhere?

That's what she is doing now on her tourist visa. That's okay from what I understand. It's like working while you're on vacation in a foreign country. 

When she comes back on the k1 visa I was wondering if she could do the same job. Apparently she cannot work at all, no matter what until she gets work authorization. 

[canadian_wife 1,822]

On 2/5/2022 at 6:22 PM, cuongvt101 said:

I think you mistaken. My understanding is that his fiancee has a job in the foreign country, and she doesn't have K1 visa yet (pending), so assuming she is coming to the US on different visa (B2 maybe). What's with all the remote working thing after Covid? Thought people can work from everywhere?

 

Quite possibly, I am not totally up to date on the training of CBP, I literally just posted what was on the USCIS website. 
I guess the quickest and easiest way to tell disclose your work situation when crossing the borders and allowing the CBP officer to decide if it it is permitted on the class of visa.

Good luck

[robj 1]

On 2/7/2022 at 9:58 AM, canadian_wife said:

 

Quite possibly, I am not totally up to date on the training of CBP, I literally just posted what was on the USCIS website. 
I guess the quickest and easiest way to tell disclose your work situation when crossing the borders and allowing the CBP officer to decide if it it is permitted on the class of visa.

Good luck

Lol it's definitely not the quickest and quite costly too. That's why I'm asking here first. 

Edited February 9, 2022 by robj
Double word

[canadian_wife 1,822]

Well, you have my answer and the answers of other experienced members here.  But as you can see, you are not the first to ask.  

 

 

 

Good luck

[flicks1998 1,044]

On 2/3/2022 at 11:18 PM, Kor2USA said:

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. 

 

 

Do you mind mentioning what field of work you are in? 

 

Because of Covid, many US companies have realized they no longer need to hire US workers and can hire overseas workers legally through GECs (Global Employment Companies) and PEO's (Professional Employer Organization).  The organization I am at is currently going through this process and will most likely hire 2K to 2.5K employees from overseas starting in early 2023.  These will be in countries that we have no legal entity and will hire workers on a local basis.  Also, in other industries such as tech, many of these companies will start doing the same thing with some starting this year.  These legal structures would only apply to people not physically located in the US but they would allow someone to start working for a US company before they relocated to the US.  There is alot more to it, but many HR depts may be willing to hire under this structure.  

Edited February 11, 2022 by flicks1998

[Boiler 45,486]

The confusion here was that she thought she was going to get a US work visa 

[aaron2020 11,651]

On 2/5/2022 at 3:22 PM, cuongvt101 said:

I think you mistaken. My understanding is that his fiancee has a job in the foreign country, and she doesn't have K1 visa yet (pending), so assuming she is coming to the US on different visa (B2 maybe). What's with all the remote working thing after Covid? Thought people can work from everywhere?

You're the one that is mistaken.  You thought wrong.  It is not legal for people to work from everywhere - that's not how immigration and work authorization works around the world.  They have to be authorized to work.

 

It is illegal for her to work remotely from the US.  PERIOD.  She is NOT ALLOWED TO WORK WHILE IN THE US WITHOUT AUTHORIZATION.  A B2 visa does not allow her to work while in the US.