Working in the US with a K-1 visa

[Pete Rogers 3]

Hi,

 

My fiancee and I are looking to start the K-! visa process so I can move to the US. It's obviously a lot to process, and one thing I hadn't really considered was my work situation. A bit of reading online, and I see I would need to apply for an EAD once I land to be legally allowed to work while waiting for my AoS/green card to go through... and this seemingly takes a while to get.

 

I'm currently self-employed in the UK, and have my own limited company. I'm an author and make a living from sales/book royalties. It's not possible for me to not earn money, as sales happen simply because books are available online, so presumably, I would have to wait to migrate my business over to the US. My concern is that with my UK company earning UK money, it would still violate the conditions of my visa once I was living in the US. Even if I'm not physically writing (which, until I hit publish and start earning money on the book, can easily be classed as a hobby, not work), I'm still earning money from book sales.

 

Can anyone please advise what options I have here? I understand a spousal visa would negate this issue, but it will also likely take far longer to process...

 

TIA

[Dashinka 24,172]

Others are more well versed on the financial related items, but I don't think earning foreign income from past work while awaiting an EAD would really be an issue.  That being said, I would like to point out that a spousal visa processing time is not really that much longer than that of a K1.

 

Good Luck!

[Pete Rogers 3]

1 minute ago, Dashinka said:

Others are more well versed on the financial related items, but I don't think earning foreign income from past work while awaiting an EAD would really be an issue.  That being said, I would like to point out that a spousal visa processing time is not really that much longer than that of a K1.

 

Good Luck!

That's encouraging, thank you!

 

I've seen a lot of websites that quote up to 3 years for the CR-1, compared to 12-18 months for the K-1. Shame there's nowhere that gives definitive, up to date timeframes (I guess that's hard to do, because every application will be different in terms of what's needed to progress it, I imagine) but if they're both roughly the same in terms of processing time, and if the CR-1 ends with a green card and work permit, that seems like a logical way to go.

 

As you say, earning foreign income might not affect things, but I would be unable to pay myself a wage from it all the same while on a K-1 visa, so it's still little use, in practical terms.

[arken 4,197]

50 minutes ago, Pete Rogers said:

but I would be unable to pay myself a wage from it all the same while on a K-1 visa,

In that sense, spousal visa is the way to go. Note that applying for EAD right after entering US on K1 will be a waste of money as your k1 status will have expired by the time they process your EAD resulting in ultimate denial. You can then apply for EAD after marrying and filing for AOS. Some may get it in a few months while some nit even in 8-9 months. 

[Crazy Cat 41,352]

7 hours ago, Pete Rogers said:

Hi,

 

My fiancee and I are looking to start the K-! visa process so I can move to the US. It's obviously a lot to process, and one thing I hadn't really considered was my work situation. A bit of reading online, and I see I would need to apply for an EAD once I land to be legally allowed to work while waiting for my AoS/green card to go through... and this seemingly takes a while to get.

 

I'm currently self-employed in the UK, and have my own limited company. I'm an author and make a living from sales/book royalties. It's not possible for me to not earn money, as sales happen simply because books are available online, so presumably, I would have to wait to migrate my business over to the US. My concern is that with my UK company earning UK money, it would still violate the conditions of my visa once I was living in the US. Even if I'm not physically writing (which, until I hit publish and start earning money on the book, can easily be classed as a hobby, not work), I'm still earning money from book sales.

 

Can anyone please advise what options I have here? I understand a spousal visa would negate this issue, but it will also likely take far longer to process...

 

TIA

You are over-thinking this.  Passive income from book sales is not what I would call "working in the US".  Earning money is NOT a violation.  

Edited July 26, 2022 by Crazy Cat

[Crazy Cat 41,352]

The small difference in processing times between a K-1 and a spousal visa is just one consideration.  There are other factors which make a CR-1/IR-1 a better choice for many people.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

Edited July 26, 2022 by Crazy Cat

[Mike E 11,734]

I am a book author and I receive royalties.  
 

I file a self employment tax schedule each year.  I do pay income tax on these royalties but because this is passive income, I am not paying self employment tax (social security / Medicare tax for self employed people). 
 

You do not need an EAD to continue to collect royalties on works you’ve published prior to entering the USA. 
 

Before you get your EAD, feel free to continue to write.  However you are not free to get an advance on royalties for those writings, nor publish that book for royalties until you get an EAD. I would avoid new publishing contracts until you get an EAD.  
 

I also advise against book signings / book readings until you get an EAD.  
 

Writing a book is among the greatest tax avoidance vehicles there are and if you can continue to write books you should do so. 

[Kai G. Llewellyn 829]

The issue is carrying out employment duties or performing work-like activities (that aren't covered under B-1/W-B exceptions), not the part of receiving money.

 

Most foreign tourists come to the US on paid vacation where they continue to earn their salaries while visiting the US. This is fine and expected. Passive foreign income is no big deal.

[SalishSea 17,561]

11 hours ago, Pete Rogers said:

Hi,

 

My fiancee and I are looking to start the K-! visa process so I can move to the US. It's obviously a lot to process, and one thing I hadn't really considered was my work situation. A bit of reading online, and I see I would need to apply for an EAD once I land to be legally allowed to work while waiting for my AoS/green card to go through... and this seemingly takes a while to get.

 

I'm currently self-employed in the UK, and have my own limited company. I'm an author and make a living from sales/book royalties. It's not possible for me to not earn money, as sales happen simply because books are available online, so presumably, I would have to wait to migrate my business over to the US. My concern is that with my UK company earning UK money, it would still violate the conditions of my visa once I was living in the US. Even if I'm not physically writing (which, until I hit publish and start earning money on the book, can easily be classed as a hobby, not work), I'm still earning money from book sales.

 

Can anyone please advise what options I have here? I understand a spousal visa would negate this issue, but it will also likely take far longer to process...

 

TIA

You cannot apply for the EAD “once you land.”   The path to having work authorization is via marriage to a citizen, so you’ll need to marry and obtain marriage certificate copies before you can apply.

[Pete Rogers 3]

Thank you to everyone for taking the time to comment, I really appreciate it.

 

We've decided to get married first, then do the CR-1 visa. The turnaround time is about the same, from what I can tell, but it means I can hit the ground running when I get there.

 

Thanks again!!

[arken 4,197]

18 hours ago, Jorgedig said:

You cannot apply for the EAD “once you land.”   The path to having work authorization is via marriage to a citizen, so you’ll need to marry and obtain marriage certificate copies before you can apply.

OP can apply for EAD once he lands US on K1. However i don't recommend it since he has to pay for the EAD based on K1 and it won't be processed before K1 status expires considering the latest processing time. It will ultimately be denied.

 

In overall, he can but not a god idea. EAD through AOS is logical.

 

[Robysmart 0]

On 7/26/2022 at 3:57 AM, Pete Rogers said:

Hi,

 

My fiancee and I are looking to start the K-! visa process so I can move to the US. It's obviously a lot to process, and one thing I hadn't really considered was my work situation. A bit of reading online, and I see I would need to apply for an EAD once I land to be legally allowed to work while waiting for my AoS/green card to go through... and this seemingly takes a while to get.

 

I'm currently self-employed in the UK, and have my own limited company. I'm an author and make a living from sales/book royalties. It's not possible for me to not earn money, as sales happen simply because books are available online, so presumably, I would have to wait to migrate my business over to the US. My concern is that with my UK company earning UK money, it would still violate the conditions of my visa once I was living in the US. Even if I'm not physically writing (which, until I hit publish and start earning money on the book, can easily be classed as a hobby, not work), I'm still earning money from book sales.

 

Can anyone please advise what options I have here? I understand a spousal visa would negate this issue, but it will also likely take far longer to process...

 

TIA

Hi Pete, I came into the US on a K1 on 29th May 2022, married on 11th June 2022. 
 

EAD, AP & GC where applied for on June 17th. I had my biometrics apt on 13th July (Detroit) and got my EAD approved the same day. 
 

EAD seems to be processing quicker right now then it was before 

 

things may be different for others but that’s what my timeline has been 

 

(we originally submitted for  K1 in February 2021 - so that was the original hold up)