Can I continue my remote job with my US employer with K1 visa?

[Olabolu 0]

Hi all,

I know this topic has been discussed numerous times, but I honestly didn't see any of them particularly address a situation where one is already working remotely with a US company, and they have to move to the US on a K1 visa. 

 

In my case, I work as a Software Engineer for a tech startup based in Ohio. Been working with them for 18 months now. 

 

My questions are:

• Should my fiancé list my job in the employment history on the form I-129F?
• Do I have to quit my job before I move to the US given visa is approved?
• Should I let my employer know I am moving to the US?

 

[Rocio0010 5,579]

6 minutes ago, Olabolu said:

Hi all,

I know this topic has been discussed numerous times, but I honestly didn't see any of them particularly address a situation where one is already working remotely with a US company, and they have to move to the US on a K1 visa. 

 

In my case, I work as a Software Engineer for a tech startup based in Ohio. Been working with them for 18 months now. 

 

My questions are:

• Should my fiancé list my job in the employment history on the form I-129F?
• Do I have to quit my job before I move to the US given visa is approved?
• Should I let my employer know I am moving to the US?

 

Yes to all 

[Crazy Cat 41,610]

10 minutes ago, Olabolu said:

Hi all,

I know this topic has been discussed numerous times, but I honestly didn't see any of them particularly address a situation where one is already working remotely with a US company, and they have to move to the US on a K1 visa. 

 

In my case, I work as a Software Engineer for a tech startup based in Ohio. Been working with them for 18 months now. 

 

My questions are:

• Should my fiancé list my job in the employment history on the form I-129F?
• Do I have to quit my job before I move to the US given visa is approved?
• Should I let my employer know I am moving to the US?

 

You will not be authorized to work inside the US until you receive an approved Employment Authorization Document.  That could take 3 to 8 months (I would prepare the upper end).  If working immediately upon entering the US, then marriage and a CR-1 would be a better choice than a K-1.

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 November 20, 2022 by Crazy Cat

[Mike E 11,739]

Your employer should file an L1-B visa for you and transfer you. 

[powerpuff 6,604]

Not sure why there are any doubts about remote work: if ‘regular’ (in person) work is not permitted without an EAD, why would remote work be permitted? Work is work after all, whether it’s remote or not. It’s clearly not permitted without an authorization. 

K1 is not the right choice in this situation if work is of importance. Spousal visa makes much more as you’re a lawful permanent resident the minute you enter the US. I’m sure you’re aware that K1 takes as long as CR1, if not longer

[Dashinka 24,375]

Safest way is to take a brief sabbatical come to the US, get married and file the AOS package as soon as possible including the EAD.  You would have grounds for requesting an EAD expedite with a current job.  I assume your company is not interested in sponsoring you for a employment visa, so talk it over with your boss, I would hope they would be understanding.

 

Good Luck!

[Shamondy 7]

On 11/20/2022 at 2:13 PM, Rocio0010 said:

Yes to all 

Seek an attorney before you do anything! Your work is a work from home position. You aren’t really remote. Your hired to work from home. Again, get an attorney.