Working before the EAD for a non-US company

[MelissaJulian 30]

Is it possible for a K1 visa holder, after he enters the US, to work for a non-US company before he gets his EAD card? Would it be any different before and after we have our wedding? I'm asking because my fiance is a director of a private company in England, and he would like to be able to keep working. Although his company does do some work out here in the US, it operates mostly in the UK and Europe, and he could make sure that nothing he does would have anything to do with US business.

On a related topic, is an urgent board meeting enough for getting emergency advanced parole?

Thanks everyone!

[MelissaJulian 30]

Just a quick question for the very knowledgeable VJ people. Can a K1 visa holder, after he enters the US, keep working for a British company before he gets his EAD card? Would there be any difference in the answer before and after our wedding? My fiance is a director of a private company in England, and he would like to be able to keep working because he's on the board and they need his expertise. Although his company has some dealings in the US, it operates mostly in the UK and Europe. He has said he could make sure that none of the work he would do would have anything to do with US business.

On a related topic, is an urgent board meeting enough for getting emergency advanced parole? He just had one the other day, but luckily he was in London. I guess he could use a teleconference service for this, but obviously if it's an emergency board meeting it's important for him to be there in person.

Thanks you!

[Darnell 8,478]

If he's 'working remote' inside the USA back to UK and Europe Clients, and being paid to a non-USA bank, is not any issue.

Edited May 14, 2010 by Darnell

[Rebecca Jo 1,962]

You're going to probably get some different answers on this.

Within the spirit of the law of the K1 visa, the technical answer is "no". A K1 visa has ONE purpose and that is for a foreign born individual to be able to enter the US and marry a US citizen. It's not a work visa.

The K1 category however is a work authorized category WITH proper documentation. That documentation is an EAD and most people don't get one of those until adjustment has been filed and in the works (typical timeline for receipt of that document is 90 days after you've filed to adjust).

I'm far too lazy tonite to sit here and dig out the appropriate code for work authorization. But you'll find enough people ready and willing to hang their hat on the portion of the code that links work authorization to "employment in the US" (a US company). Therefore, some individuals including legal experts have stated that working for a company outside of the US is not illegal, because companies outside the United States don't require the employee to have a document issued by USCIS in order to be legally employed with them.

IMO the simple fact is this is a very gray area of the law. Some legal experts will tell you it's technically illegal, but there is little element of risk involved. I've had conversations with people who have studied this topic for years (as part of their overall lay-person immigration experience) and their opinion is one day, someone will be made an example of, there will be tears and much nashing of teeth, and the common wisdom will then become that the behavior is inadvisable.

And someday, the INA will simply be re-written to take the K1 out that category of non-immigrant visas with is work authorized, thus restoring the category to it's original purpose - a visa to marry a US citizen.

[MelissaJulian 30]

Definitely? I just don't want him to get into trouble when we have to apply for AOS. Knowing him, he'd probably decide to work even if he wasn't supposed to. Is there somewhere online where I can point to a regulation about this?

Thank you!

[Rebecca Jo 1,962]

Go to your similar thread in the UK forum.

[MelissaJulian 30]

Thank you! I'll go check it out right now.

[Brother Hesekiel 2,236]

People who have worked twenty years and longer without a visa don't get as much as a bad look when they receive their Green Card. The GC is a birth certificate for the person who has just been "welcomed to America." Nobody cares, not in the least, and working for a UK company has the same impact on a Green Card petition as a leaf falling off a tree in Mumbai.

[MelissaJulian 30]

Wow, thank you for such a thorough reply. I really appreciate you taking the time to answer that.

So it's a gray area? He is NOT going to like the sound of that! I have a feeling that he's just going to do whatever he wants anyway. I will email him a link to your post so he can have a look when he gets up. I think I understand a little bit more now about the purpose of the K1, that it's really just a visa to get someone over here and that it doesn't have a lot of other privileges beyond that. I wanted to do a K1 mostly because I wanted to get married in my hometown with all my friends and family with me. For some of them, it would cost too much to fly out to England and stay for a week or more. So I guess I'm paying for the privilege!

Do you have any idea about my AP question? We'll try to get married as soon as possible after he enters the US, if that helps. Thank you so much again, Johnny!

[Otto 83]

** Parallel running topics merged (all posts from both threads have been left intact). Try not to do this; it can often make it difficult to get a dialog going.

Edited May 15, 2010 by Otto und Karin

[Rebecca Jo 1,962]

Wow, thank you for such a thorough reply. I really appreciate you taking the time to answer that.

So it's a gray area? He is NOT going to like the sound of that! I have a feeling that he's just going to do whatever he wants anyway. I will email him a link to your post so he can have a look when he gets up. I think I understand a little bit more now about the purpose of the K1, that it's really just a visa to get someone over here and that it doesn't have a lot of other privileges beyond that. I wanted to do a K1 mostly because I wanted to get married in my hometown with all my friends and family with me. For some of them, it would cost too much to fly out to England and stay for a week or more. So I guess I'm paying for the privilege!

Do you have any idea about my AP question? We'll try to get married as soon as possible after he enters the US, if that helps. Thank you so much again, Johnny!

You file for Advance Parole when you file for his EAD. There's a place on the application where you state why you want the document. All you need to say is you wish to be issued the document in case of emergent issues abroad. USCIS doesn't seem to be really particular about the reason for the travel.

Personally, I would never use an Advance Parole document, but that's because I'm weird about the legal definition of a paroled alien. But I'm weird like that. I don't trust the Service; I have my reasons for it based upon my own personal experience with them and trust me that experience involved some paranoia. People travel on AP all the time with no problems and it's a perfect legitimate option for travel.

I can't understand why Julian is moving here and not you there. The UK is a lovely country you know. But that's completely off-topic and really none of my business.

[Rebecca Jo 1,962]

People who have worked twenty years and longer without a visa don't get as much as a bad look when they receive their Green Card. The GC is a birth certificate for the person who has just been "welcomed to America." Nobody cares, not in the least, and working for a UK company has the same impact on a Green Card petition as a leaf falling off a tree in Mumbai.

Bob, that is because illegal employment is not a criteria for denial of a status adjustment via marriage to a US citizen.

The point everyone misses when they go on this way is the unauthorized employment IS illegal until green card is in hand. In other words, it ain't over till the Fat Lady Sings.

[Justine+David 218]

Like others have said, this is a pretty gray area of the law. I would do a bunch of searches on a few of the forums here to get different opinions. The cardinal no-nos of working that Julian CANNOT do (or risk rejection AOS/deporting) are claiming to work on a social security number that is not yours, claiming that you are a US citizen when you're not, and working in US employment without a green card or an EAD.

I've told David to resign being a house hubby while we wait out the EAD/green card I guess Julian doesn't want to do the cooking and the washing?

Edited May 15, 2010 by Justine+David

[Boiler 45,486]

If your body is in the US you need EAD to work.

Does not sound an obvious reason to get emergency AP, but you can only try.

K1 is not the obvious option for these cases.