K1 and Remote Work

[ETM8986 7]

Hi all, 

This question has been asked to death, I know, so I apologise for yet another one pertaining to the K1 visa and the legality of remote work.

 

I have explained to my former employers that I am not permitted to work, even remotely for a foreign company, while pending work authorisation - is there a legal document that has it stated in black and white that I can quote and show them please? 

 

Thank you very much.

 

And a separate question (maybe better on another thread?) but what do most K1 visa entrants do while waiting for their EAD? I am afraid that brain-rot will set in very quickly. Thanks!

[Timona 4,208]

1. Correct. 

2. Spend time knowing your neighborhood, driving, taking selfies at Walmart, learning to drive etc. 

[Cw1977 109]

1 hour ago, ETM8986 said:

Hi all, 

This question has been asked to death, I know, so I apologise for yet another one pertaining to the K1 visa and the legality of remote work.

 

I have explained to my former employers that I am not permitted to work, even remotely for a foreign company, while pending work authorisation - is there a legal document that has it stated in black and white that I can quote and show them please? 

 

Thank you very much.

 

And a separate question (maybe better on another thread?) but what do most K1 visa entrants do while waiting for their EAD? I am afraid that brain-rot will set in very quickly. Thanks!

many spend the time regretting going through the K1 route and asking themselves why they didn’t go CR1…

[SteveInBostonI130 3,471]

https://www.uscis.gov/family/family-of-us-citizens/visas-for-fiancees-of-us-citizens

 

Under the "Permission for Work", it states the fiance can apply for work authorization via form I-765.  It is implied that work is not authorized until the I-765 is approved.  Remote work is allowed only with EAD. 

[Daphne . 1,909]

I see somebody already posted a link for you but why do you feel that you have to show them proof of this? Or do you want to start working with them again when you are in the US?

 

[ETM8986 7]

 

2 hours ago, Daphne . said:

I see somebody already posted a link for you but why do you feel that you have to show them proof of this? Or do you want to start working with them again when you are in the US?

Prior to my resignation and move to U.S. I had a chat with my bosses and they were keen on retaining me on a remote work basis. I explained that I wasn't too sure about the legality of it etc, but they were adamant that it didn't matter because they were a foreign entity, nothing to do with U.S. tax or labor laws or whatever I was worried about. "Remote work doesn't touch the U.S., so why should it be an issue" is their question. 

I think it's a legitimate question that many ask. I'm not that chuffed about being unable to work (not just because income would be helpful, but so I can be occupied - moving from a crazy dense city to suburbia is a challenge!) but also don't want to do anything wrong.

 

On 8/30/2024 at 7:20 AM, Cw1977 said:

many spend the time regretting going through the K1 route and asking themselves why they didn’t go CR1…

🤣 Of course the CR1 route is much better in this respect, but I think it's possible that not every couple really understands the advantages of the CR1 over the K1 at the beginning of their journey. My now-husband and I definitely did not really comprehend how insane the process of getting me to the States would be when we got engaged! 
 

[Cw1977 109]

1 hour ago, ETM8986 said:

 

Prior to my resignation and move to U.S. I had a chat with my bosses and they were keen on retaining me on a remote work basis. I explained that I wasn't too sure about the legality of it etc, but they were adamant that it didn't matter because they were a foreign entity, nothing to do with U.S. tax or labor laws or whatever I was worried about. "Remote work doesn't touch the U.S., so why should it be an issue" is their question. 

I think it's a legitimate question that many ask. I'm not that chuffed about being unable to work (not just because income would be helpful, but so I can be occupied - moving from a crazy dense city to suburbia is a challenge!) but also don't want to do anything wrong.

 

🤣 Of course the CR1 route is much better in this respect, but I think it's possible that not every couple really understands the advantages of the CR1 over the K1 at the beginning of their journey. My now-husband and I definitely did not really comprehend how insane the process of getting me to the States would be when we got engaged! 
 

Of course. I was being a little unkind 🫢

 

but you’re right. It’s def a point to note for others. We chose CR1 primarily so I could carry on working/earning whilst our visa progressed. I have a good job/earn very good money and would’ve been a nightmare to be unable to carry that on. (Incidentally my employer was able to transfer me onto their US business once I had my visa, so I carried on that way. Would that be an option for you too?)

[hplusj 142]

5 hours ago, Cw1977 said:

(Incidentally my employer was able to transfer me onto their US business once I had my visa, so I carried on that way. Would that be an option for you too?)

Presumably he/she could resume remote employment with them once the EAD is acquired, the only question being how this would look at the AOS interview.  I assume one would have to be very clear about the conditions by which you pause and then resume a position with the same employer after getting a work permit to do so.

Edited August 31 by hplusj