Working a UK-based Job from US While on K-1 Visa
#1
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Working a UK-based Job from US While on K-1 Visa
Afternoon all
First-time poster here. I was wondering if anyone has any experience/knowledge of whether or not it is allowed to work a UK-based job from over in the US while in the country on a K1 Visa?
I'm aware that it's not permitted to work in the US while there on a K1, but it's my understanding that this is to prevent a non-resident from taking a US job. However my job in the UK is an IT job doing remote support, so basically as long as I can call people and connect to the internet I can perform 90% of my role. This would not be a job otherwise open to a US citizen so I'm not taking someone else's job.
Obviously I don't want to risk my Visa application by doing something that I shouldn't, so I was just wondering - has anyone done this or looked into it at all?
Many thanks,
Shafto.
First-time poster here. I was wondering if anyone has any experience/knowledge of whether or not it is allowed to work a UK-based job from over in the US while in the country on a K1 Visa?
I'm aware that it's not permitted to work in the US while there on a K1, but it's my understanding that this is to prevent a non-resident from taking a US job. However my job in the UK is an IT job doing remote support, so basically as long as I can call people and connect to the internet I can perform 90% of my role. This would not be a job otherwise open to a US citizen so I'm not taking someone else's job.
Obviously I don't want to risk my Visa application by doing something that I shouldn't, so I was just wondering - has anyone done this or looked into it at all?
Many thanks,
Shafto.
#2
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Re: Working a UK-based Job from US While on K-1 Visa
... it's my understanding that this is to prevent a non-resident from taking a US job.
But, that all said, you are not allowed to work in the interim between the end of the 90-day validity of your K-1 and you getting the EAD in your hands. As a practical matter... will anyone find out about it if you do work for your UK employer? Likely not... and any unauthorized work is routinely forgiven for the spouse of a US citizen - but that's not quite the same thing as being allowed to work during that interim period.
Ian
#3
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Re: Working a UK-based Job from US While on K-1 Visa
On the contrary, you are allowed to work for the full 90-day validity of your K-1 but, after that, you'll need an EAD (Employment Authorization Document) to work. You can't apply for an EAD until you're married and have applied to adjust your status, but the EAD application is free when you file an AOS. Once you have an EAD, you can continue to work remotely for your UK employer. Indeed, once you have an EAD, you can work for whomever you like... including yourself.
That actually has nothing to do with it - but that seems to be part of the mythos that refuses to die.
But, that all said, you are not allowed to work in the interim between the end of the 90-day validity of your K-1 and you getting the EAD in your hands. As a practical matter... will anyone find out about it if you do work for your UK employer? Likely not... and any unauthorized work is routinely forgiven for the spouse of a US citizen - but that's not quite the same thing as being allowed to work during that interim period.
Ian
That actually has nothing to do with it - but that seems to be part of the mythos that refuses to die.
But, that all said, you are not allowed to work in the interim between the end of the 90-day validity of your K-1 and you getting the EAD in your hands. As a practical matter... will anyone find out about it if you do work for your UK employer? Likely not... and any unauthorized work is routinely forgiven for the spouse of a US citizen - but that's not quite the same thing as being allowed to work during that interim period.
Ian
Regards,
Shafto.
#4
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Re: Working a UK-based Job from US While on K-1 Visa
Ian
#5
Re: Working a UK-based Job from US While on K-1 Visa
Here's another thought to digest... but it requires careful planning. If, for example, you were to marry within a week of arriving in the US and a few days later applied to adjust your status, it's very likely that you'd have an EAD in hand before the end of the 90-day validity of your K-1 visa. In that case, you'd have unbroken authorization to work. The EAD usually arrives about 60-70 days after applying.
Ian
Ian
#6
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Re: Working a UK-based Job from US While on K-1 Visa
No problem at all for the hijack Tom and many thanks once again Ian!
I had thought that I may need to spend at least a couple of months volunteering somewhere to keep myself busy so that's definitely good news, although weirdly I was kinda looking forward to the volunteering. With that said, I hate the thought of not being able to contribute financially so being able to work is definitely a huge plus.
Lots to think about! Thanks again Ian.
Shafto.
P.s. If anyone knows of any jobs going in the chicagoland area, give me a shout! :P
I had thought that I may need to spend at least a couple of months volunteering somewhere to keep myself busy so that's definitely good news, although weirdly I was kinda looking forward to the volunteering. With that said, I hate the thought of not being able to contribute financially so being able to work is definitely a huge plus.
Lots to think about! Thanks again Ian.
Shafto.
P.s. If anyone knows of any jobs going in the chicagoland area, give me a shout! :P
#7
Re: Working a UK-based Job from US While on K-1 Visa
No problem at all for the hijack Tom and many thanks once again Ian!
I had thought that I may need to spend at least a couple of months volunteering somewhere to keep myself busy so that's definitely good news, although weirdly I was kinda looking forward to the volunteering. With that said, I hate the thought of not being able to contribute financially so being able to work is definitely a huge plus.
Lots to think about! Thanks again Ian.
Shafto.
P.s. If anyone knows of any jobs going in the chicagoland area, give me a shout! :P
I had thought that I may need to spend at least a couple of months volunteering somewhere to keep myself busy so that's definitely good news, although weirdly I was kinda looking forward to the volunteering. With that said, I hate the thought of not being able to contribute financially so being able to work is definitely a huge plus.
Lots to think about! Thanks again Ian.
Shafto.
P.s. If anyone knows of any jobs going in the chicagoland area, give me a shout! :P
It was my understanding that you could interview, but not sign contracts.
I guess after learning this I will probably organise some small contract work to put me through the start. (I'm a software engineer)
#8
Re: Working a UK-based Job from US While on K-1 Visa
Tom169,
The problem with working for a US employer is that they will most likely want you to complete an I -9 form, which verifies your right to work. As a K-1 visa holder, you won't have this proof to show the employer and to complete the form.
Shafto doesn't have this problem because his UK employer won't be asking for an I-9 form.
If you're thinking of being self-employed, that's ok because you won't need to do an I -9 for yourself.
Rene
The problem with working for a US employer is that they will most likely want you to complete an I -9 form, which verifies your right to work. As a K-1 visa holder, you won't have this proof to show the employer and to complete the form.
Shafto doesn't have this problem because his UK employer won't be asking for an I-9 form.
If you're thinking of being self-employed, that's ok because you won't need to do an I -9 for yourself.
Rene
Last edited by Noorah101; Jan 16th 2016 at 1:06 pm.
#9
Re: Working a UK-based Job from US While on K-1 Visa
Tom169,
The problem with working for a US employer is that they will most likely want you to complete an I -9 form, which verifies your right to work. As a K-1 visa holder, you won't have this proof to show the employer and to complete the form.
Shafto doesn't have this problem because his UK employer won't be asking for an I-9 form.
Rene
The problem with working for a US employer is that they will most likely want you to complete an I -9 form, which verifies your right to work. As a K-1 visa holder, you won't have this proof to show the employer and to complete the form.
Shafto doesn't have this problem because his UK employer won't be asking for an I-9 form.
Rene
#11
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Re: Working a UK-based Job from US While on K-1 Visa
Ok I'm confused. Whenever I Google 'can you work on a k1 visa', everything is telling me that essentially it's not possible.
The results suggest you can only work on a k1 if you have an EAD. As the EAD takes 45-90 days to arrive, it's pretty much pointless for me to try and work while on a k1 and I should just focus on getting my AOS/EAD.
Which is what prompted my original question about working my UK job from over there.
Perhaps an immigration lawyer may be the best bet.
The results suggest you can only work on a k1 if you have an EAD. As the EAD takes 45-90 days to arrive, it's pretty much pointless for me to try and work while on a k1 and I should just focus on getting my AOS/EAD.
Which is what prompted my original question about working my UK job from over there.
Perhaps an immigration lawyer may be the best bet.
Last edited by shafto; Jan 16th 2016 at 7:42 pm.
#12
Re: Working a UK-based Job from US While on K-1 Visa
Ok I'm confused. Whenever I Google 'can you work on a k1 visa', everything is telling me that essentially it's not possible.
The results suggest you can only work on a k1 if you have an EAD. As the EAD takes 45-90 days to arrive, it's pretty much pointless for me to try and work while on a k1 and I should just focus on getting my AOS/EAD.
Which is what prompted my original question about working my UK job from over there.
Perhaps an immigration lawyer may be the best bet.
The results suggest you can only work on a k1 if you have an EAD. As the EAD takes 45-90 days to arrive, it's pretty much pointless for me to try and work while on a k1 and I should just focus on getting my AOS/EAD.
Which is what prompted my original question about working my UK job from over there.
Perhaps an immigration lawyer may be the best bet.
Nowadays, the K-1 holder is still authorized to work during the first 90 days after arrival, but they no longer give out the EAD stamp at the POE, so you have no initial proof of having work authorization. One CAN apply for an EAD immediately upon arrival (for a $300+ fee), but that card takes up to 90 days to arrive, and is only valid the first 90 days in the USA, so THAT is essentially a waste of money. You still get the 1-year EAD after applying for AOS as usual.
The EAD is just proof of work authorization, it's not the authorization itself.
So nowadays, a K-1 visa holder, upon entry to the USA, has automatic work authorization for the first 90 days in the USA, but will have no proof of such to show a US employer. If one is working for a non-US employer, or is self-employed, no proof is needed, so the work can be done. If you can find an employer who doesn't need you to complete an I-9 upon employment, then you're good to go for your first 90 days in the USA. After that, you need the 1-year EAD in hand.
Rene
#13
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Location: Kentucky
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Re: Working a UK-based Job from US While on K-1 Visa
Perhaps an immigration lawyer may be the best bet.
As I said, don't confuse authorization with proof of authorization... they aren't the same.
Ian
#14
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Re: Working a UK-based Job from US While on K-1 Visa
I would consult at least 6 lawyers. My money is on 6 different answers.