What are the rules surrounding what counts as work after K1 visa marriage before work permit granted?

[Ximena Anna 7]

Where can I find an official listing of the rules about this?

 

Thanks!

Edited June 7, 2023 by Ximena Anna

[Mike E 11,739]

If it is paid, it is work.

 

If it could be paid, it is work.

 

Volunteering is work.

 

Remote work is work.

 

Household tasks done for your household is not work.

 

Passive income is not work.

 

Gambling is not work.

[Lemonslice 4,831]

1 hour ago, Ximena Anna said:

Where can I find an official listing of the rules about this?

 

Thanks!

Good summary from Mike E

 

Source here: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-6

 

Unauthorized Employment

Unauthorized employment is any service or labor performed for an employer within the United States by a noncitizen who is not authorized by the INA or USCIS to accept employment or who exceeds the scope or period of the noncitizen’s employment authorization.

 

[Chancy 6,241]

*** Moved from Tax & Finances forum to Working & Traveling During US Immigration -- topic is about work after US entry with K1 visa ***

 

[igoyougoduke 1,653]

3 hours ago, Ximena Anna said:

Where can I find an official listing of the rules about this?

 

Thanks!

https://en.wikipedia.org/wiki/Work_(human_activity)

[Ximena Anna 7]

 

6 hours ago, Mike E said:

If it is paid, it is work.

 

If it could be paid, it is work.

 

Volunteering is work.

 

Remote work is work.

 

Household tasks done for your household is not work.

 

Passive income is not work.

 

Gambling is not work.

Thanks Mike, I was particularly curious about passive income, you've been a great help.

[Ximena Anna 7]

5 hours ago, igoyougoduke said:

https://en.wikipedia.org/wiki/Work_(human_activity)

I don't think the IRS is bound by the laws of wikipedia but it was a nice thought and I appreciate your effort. Thank you so much for trying to contribute! 

[Mike E 11,739]

4 hours ago, Ximena Anna said:

 

Thanks Mike, I was particularly curious about passive income, you've been a great help.

E.g. before you enter on a K-1, you establish a youtube channel that produces revenue. You do not have to shut it down before you enter as a K-1. But once in the U.S., you cannot add / modify videos. 
 

 

[JeanneAdil 6,489]

I-765 instructions

 

https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf

 

Family-Based Nonimmigrant Categories 1. K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 along with evidence of your admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa. You are only authorized to work under this category during your 90 days in K-1 or K-2 status. You cannot renew this EAD. If you submit subsequent EAD applications, other than for replacement of a lost, stolen, or damaged card or a card that contains incorrect data, you must apply on a different basis. If you have a pending application for adjustment of status, you should file under category (c)(9)

Edited June 8, 2023 by JeanneAdil

[beloved_dingo 1,976]

1 hour ago, JeanneAdil said:

I-765 instructions

 

https://www.uscis.gov/sites/default/files/document/forms/i-765instr.pdf

 

Family-Based Nonimmigrant Categories 1. K-1 Nonimmigrant Fiancé(e) of U.S. Citizen or K-2 Dependent--(a)(6). File Form I-765 along with evidence of your admission (for example, copies of your Form I-94, passport, or other travel document) and your K visa. You are only authorized to work under this category during your 90 days in K-1 or K-2 status. You cannot renew this EAD. If you submit subsequent EAD applications, other than for replacement of a lost, stolen, or damaged card or a card that contains incorrect data, you must apply on a different basis. If you have a pending application for adjustment of status, you should file under category (c)(9)

This is kind of meaningless because yes K-1s are technically eligible for EAD but it is irrelevant, there's no point in trying to get an EAD under this technicality. K-1s apply for EAD with their AOS.

[Boiler 45,441]

The simple answer is if work is an issue do not go the K1 route

[Ontarkie 14,213]

~~Post removed for TOS Violation, posts that quoted removed post have also been removed.~~

[M+K IL 102]

20 hours ago, Mike E said:

Volunteering is work.

This one seems a gray area, right? But yeah, in doubt probably err on the safe side.

 

If you are volunteering for a position that would normally be paid, then it's considered work, but if you volunteer for say a soup kitchen or a church or mosque or temple that should be OK

 

https://www.fickeymartinezlaw.com/employment-immigration/elephant-in-the-room-unauthorized-employment/

[Mike E 11,739]

1 minute ago, M+K IL said:

This one seems a gray area, right?

If it is gray why given ICE a reason to arrest you even if you are sure ICE will drop the charges?

 

play certain games, get certain prizes

 

4 minutes ago, M+K IL said:

soup kitchen

You cannot assert that 100 percent of all citizen / LPR workers in 100 percent of a soup kitchen are unpaid.

3 minutes ago, M+K IL said:

church or mosque or temple

There are specific visas for working for a religious organization. 

[M+K IL 102]

2 hours ago, Mike E said:

There are specific visas for working for a religious organization. 

True. I mean just helping out in a position that is unpaid anyway, but yes I wouldn't risk it personally