Work during status adjustment (K1 visa) recent stories

[KK2020 4]

Hello!

 

Me and my fiancée applied for K1 visa in March last year, still waiting.

 

I know that the topic of work after applying for status adjustment and waiting for work permit has been asked here many times but I would like to hear about people’s more recent experiences (last 2 years).

 

I can keep my work as a freelancer in my non-USA company (no connections to USA), receive salary out of USA (do not use it until I get the permit). As far as I understood in terms of law it is very `grey area`, right?

 

Would like to hear people`s recent stories and experience.

[iwannaplay54 985]

5 minutes ago, KK2020 said:

Hello!

 

Me and my fiancée applied for K1 visa in March last year, still waiting.

 

I know that the topic of work after applying for status adjustment and waiting for work permit has been asked here many times but I would like to hear about people’s more recent experiences (last 2 years).

 

I can keep my work as a freelancer in my non-USA company (no connections to USA), receive salary out of USA (do not use it until I get the permit). As far as I understood in terms of law it is very `grey area`, right?

 

Would like to hear people`s recent stories and experience.

The law is not gray.  You work in the US you are earning money in the US no matter who is paying you.  It is not allowed.

 

Edited March 24, 2022 by iwannaplay54

[SteveInBostonI130 3,463]

18 minutes ago, KK2020 said:

Hello!

 

Me and my fiancée applied for K1 visa in March last year, still waiting.

 

I know that the topic of work after applying for status adjustment and waiting for work permit has been asked here many times but I would like to hear about people’s more recent experiences (last 2 years).

 

I can keep my work as a freelancer in my non-USA company (no connections to USA), receive salary out of USA (do not use it until I get the permit). As far as I understood in terms of law it is very `grey area`, right?

 

Would like to hear people`s recent stories and experience.

 

In the early days of digital nomads and remote working before Covid there were some discussion about working without EAD could be "grey".  Nowadays that debate is mostly for people like travel bloggers and online content creators, who film their trips or blogs and submits these online.

 

It is illegal to work in the US, whether for a US company for pay in the US or for a foreign company for pay outside the US.  That is, when working without an EAD, work visa or residence status.   Meetings and email during business trips are ok.  But actual remote work is not.

 

[powerpuff 6,713]

~ Topic moved from K1 forum to Working & traveling during US immigration - question is about working post K1 process ~

[Villanelle 4,122]

On 3/24/2022 at 12:04 AM, iwannaplay54 said:

The law is not gray.  You work in the US you are earning money in the US no matter who is paying you.  It is not allowed.

 

 

On 3/24/2022 at 12:22 AM, SteveInBostonI130 said:

 

In the early days of digital nomads and remote working before Covid there were some discussion about working without EAD could be "grey".  Nowadays that debate is mostly for people like travel bloggers and online content creators, who film their trips or blogs and submits these online.

 

It is illegal to work in the US, whether for a US company for pay in the US or for a foreign company for pay outside the US.  That is, when working without an EAD, work visa or residence status.   Meetings and email during business trips are ok.  But actual remote work is not.

 

From my understanding it is still considered  "grey" because as far as I know they haven't yet updated the definition of 'work'. Thats ultimately the crux of the issue. Working in the US requires EAD.  But what is 'work' in the digital age? Congress has yet to update the definition for clarity.

 

As a spouse of a USC any unauthorized work is not an issue for adjustment. So if you choose to work remotely w/o EAD because you believe the current definition of work doesn't require one, make sure you pay taxes on the income properly and disclose it on the appropriate forms. 

[Mike E 11,739]

5 minutes ago, Villanelle said:

 

From my understanding it is still considered  "grey" because as far as I know they haven't yet updated the definition of 'work'. Thats ultimately the crux of the issue. Working in the US requires EAD.  But what is 'work' in the digital age? Congress has yet to update the definition for clarity.

 

As a spouse of a USC any unauthorized work is not an issue for adjustment. So if you choose to work remotely w/o EAD because you believe the current definition of work doesn't require one, make sure you pay taxes on the income properly and disclose it on the appropriate forms. 

If you pay SE taxes on the activity it is work, because as the tax payer you’ve made that election. 
 

If you don’t, even if you pay income taxes, it might still be tax evasion and thus a barrier to good moral character which is essential. 
 

It might be grey but unless it is high noon on a sunny day, it’s hard for me to distinguish certain hues of light grey and dark grey from white and black, respectively.  

[Villanelle 4,122]

@Mike E

 

Here is a link that gets deeper into the topic. https://www.ilw.com/articles/2012,0625-Paparelli.shtm

 

You can also click on a few keywords in the article linking you to other articles by Paparelli expanding on his POV of this topic as well as the counter argument by Wolman. 

 

The bottom line is there is no clear cut black/white answer for this because of the unclear and imprecise terms in policy and case laws. 

 

So until it is clarified it will continue to be posted about and debated not just on VJ. For those considering remote work they should be aware as a spouse of a USC any unauthorized work is not an issue for adjustment.  There are also tax implications which they should consult with a knowledgeable CPA about as USCIS also requires you file taxes appropriately. 

 

[Mike E 11,739]

You link is to two lawyers arguing the point.  One agrees with me.