NoOfficialComment

Hi all,

A question regarding 'working' after entering the US on a K-1, getting married and applying for AOS, EAD & AP.

I understand this is the period where you would typically be unable to work for a US (or UK?) employer. However I am unsure how this affects self-employment or passive income that would accrue over this time. For example, If I have income from intellectual content sold online/amazon etc, how would this be treated. Same query for rental income from UK property owned.

Following a search, I saw a vaguley similar question in this previous thread but I'm still somewhat unsure of the answer.

Does the ability to 'work' purely relate to the need for paperwork associated with being 'employed by another' or is it to generating any form of income?

Any guidance as to where I may find more info would be greatly appreciated!

Bob

Self employed wouldn't be allowed, it is still work without authorisation.

Passive income would be allowed generally.

Pulaski

What Bob said, except that passive income is always allowed, passive income has no need for EAD or other visa/ status requirement, it is just a matter of making sure you pay applicable taxes on the income.

Noorah101

Being self employed is fine for the K-1 holder's first 90 days in the USA. After that, an EAD is required.

The K-1 holder can work remotely for the UK employer the first 90 days in the USA, also.

In either one of the above scenarios, if the work continues beyond the first 90 days, it will be forgiven by USCIS, and the employers (self and UK) won't get in trouble because no I-9 was required to be filed in those scenarios.

Rene

S Folinsky

Authority to work has two components -- authorization and documentation proving such authorization. The authorization is personal to the non-citizen while the documentation is what the employer must examine to hire the employee.

So, a K-1 admittee is authorized to work for the first 90 days "incident to status."

The non-citizen cannot be deported for engaging in unauthorized employment. The employee cannot be fined for employing an "unauthorized alien" but CAN be fined for a paperwork violation.

NoOfficialComment

Thanks guys. Falls fairly in line with what I'd suspected.

Noorah101

The "employer" cannot be fined. ....

Rene