K1 Can Work?

[Yodrak 7]

PatientlyWaiting,

Don't know if she's EAD-exempt, but it isn't going to cause her any problems with her AOS other than, perhaps, a tongue-lashing.

Also she certainly is doing the right thing by reporting the income to the IRS. Many people wouldn't.

Yodrak

<I also posted this question in another thread>

Can our experienced members shed light on this please?

Situation: K1 with SSN can do manicure and pedicure. Her friends and neighbors come to her house and pay her to do their mani/pedi. She makes $80/day doing this kind of stuff. The friends/neighbors are not employers but clients so there is no employer-employee relationship there. K1 wants to report her income to IRS to help with AOS as petitioner hardly meets poverty guideline.

Question: Is she violating her K1 status by working without EAD? Remember, she is self-employed. Is she EAD-exempt because of her self-employment?

[Pinay Wife 47]

Thanks, Yodrak.

Thank you also for your reply, Kez.

[kitkat1 5]

Any type of employment needs a EAD.. self employed or otherwise... if you are receiving payment for your service then that is employment...

Kez

I know this one has come up before and I cannot remember the consensus. Although you are receiving payment for services, what about the fact that an I-9 is not required so no proof in the form of an EAD is necessary? It *seems* like it's possible to be self-employed and not be breaking any employment authorization rules - and of course the income needs to be reported and self-employment taxes need to be paid.

Might be a good question for a lawyer.

[John & Annie 0]

Any type of employment needs a EAD.. self employed or otherwise... if you are receiving payment for your service then that is employment...

Kez

I know this one has come up before and I cannot remember the consensus. Although you are receiving payment for services, what about the fact that an I-9 is not required so no proof in the form of an EAD is necessary? It *seems* like it's possible to be self-employed and not be breaking any employment authorization rules - and of course the income needs to be reported and self-employment taxes need to be paid.

Might be a good question for a lawyer.

I think we came to:

If they are married and file jointly, there is no real way to clarify who earned the additional income.

[cellarlily 0]

Look at it this way. If you are over 21, you are legally allowed to consume alcohol. However, if you do not bring evidence that you are over 21, you won't be able to buy alcohol.

So, as an example, the RM 00203.500 of the SSA that you referenced is just mentioning that yes, as a 21 year old person, you can consume alcohol legally. They are not talking about the legality of purchasing the alcohol. I hope that helps.

This is a fantastic explanation...thank you!

[payxibka 10,045]

Any type of employment needs a EAD.. self employed or otherwise... if you are receiving payment for your service then that is employment...

Kez

I know this one has come up before and I cannot remember the consensus. Although you are receiving payment for services, what about the fact that an I-9 is not required so no proof in the form of an EAD is necessary? It *seems* like it's possible to be self-employed and not be breaking any employment authorization rules - and of course the income needs to be reported and self-employment taxes need to be paid.

Might be a good question for a lawyer.

I think we came to:

If they are married and file jointly, there is no real way to clarify who earned the additional income.

Yes and No... Depends on whicj method you report the income. On at least one of the most common methods you do indicate who "earned" the income.

Edited August 13, 2007 by fwaguy

[John & Annie 0]

Any type of employment needs a EAD.. self employed or otherwise... if you are receiving payment for your service then that is employment...

Kez

I know this one has come up before and I cannot remember the consensus. Although you are receiving payment for services, what about the fact that an I-9 is not required so no proof in the form of an EAD is necessary? It *seems* like it's possible to be self-employed and not be breaking any employment authorization rules - and of course the income needs to be reported and self-employment taxes need to be paid.

Might be a good question for a lawyer.

I think we came to:

If they are married and file jointly, there is no real way to clarify who earned the additional income.

Yes and No... Depends on whicj method you report the income. On at least one of the most common methods you do indicate who "earned" the income.

I think this is where the thread stalled. If it were me, I would file in a way that does not discriminate who earns the income. (ie, a home base business. )

[Pinay Wife 47]

Thanks for all the input.