omgitsmarclol

Hello all,

I'm totally new to this website, so I hope I'm posting in the correct section .
I'm looking for advice on how I can move to California and continue working remotely for a UK company.
I'm a UK citizen, living in the UK, and I want to move in with my girlfriend who is a US citizen, living in California.

I have an O2 visa which I was given as part of my second job as a musician. This visa is described as the following:

"The O2 visa is designed for the essential support personnel of O1 visa holders who are temporarily entering the United States for work-related purposes. The O2 visa is a nonimmigrant visa and is only granted for those who are accompanying O1 (Individuals with Extraordinary Ability) visa holders who work in the field of athletics, entertainment, motion picture, or television production. O1 visa holders who work in education, business, or science are not eligible to bring essential support personnel with them to the United States under an O2 visa."

This visa however, is totally irrelevant to the remote job that I will be working whilst in the states, but it allows me to go to and from the US to see my girlfriend without having to get an esta etc.

The company I'm working for are asking me if my visa would allow me to work in the US, but the O2 visa clearly states that I'm there to support the holder of an O1 visa, the O1 holder has nothing to do with the work I'll be doing.

I understand there's no "digital nomad" type of visa for the US (which would be the type that I need), but if I go to the US on my O2 visa and just continue working for the UK company, is there any way that this would get the company in any kind of legal trouble?

I don't know what the implications would be for the company if I'm discovered to be living in the US with a visa that's totally irrelevant to the job I'm doing.

Also if anyone can help, what would I need to tell the UK company in order to put their mind at rest about any legal implications?

Many thanks,

zack

tht

your right, no visa for what your looking to do.. if it’s only a UK company it probably would not get in to “legal trouble”, when you get caught working illegally though you would likely be deported and banned from the US.

christmasoompa

Yup, you need a new visa that allows you to do what you're proposing, you can't do it on either the O2 or as a visitor either.

The obvious visa route that springs to mind is via your USC gf, if marriage is an option?

omgitsmarclol

Thanks for the reply. Do you know of a type of visa I could apply for to cover me for this? Unfortunately marriage isn't an option at the moment!

christmasoompa

You'd need to speak to your company and see if they'd be prepared to sponsor a visa for you. If you've worked for them for a year or more, you could look at the L1 visa, which is a company transfer visa but also allows companies without a US presence to send somebody over to start a new office. Or an O1 maybe in your own right? Although again that will only allow you to work as a musician, not remotely in your day job.

Failing that, your only option is to keep visiting until you are ready for marriage - just don't work remotely when you're visiting!

Good luck.

postbox134

Can you get an O1 for yourself?

Otherwise, you're only realistic option is marriage to your gf.

Noorah101

You cannot work remotely for the UK company while you are in the USA on your O-1 nor as a visitor.

Therefore, your 2 choices are: 1) Ask the UK company to transfer you (either to an existing US office or to open a new US office) or 2) Marry your USC girlfriend.

Otherwise, just visit as usual, without working during your visits.

Rene

civilservant

I hear wedding bells...

Or the crushing realization of disappointment...

Just depends on how your GF reacts to your inevitable proposal. There is no 'shack up with the Mrs. and see if it works out' visa.

tht

well… that or plan B… aka the TYP… which was what I did.

at 21 I had a USC GF but was not ready to get married… I researched ALL the options like the OP has started doing a then worked the TYP… (Ten Year Plan)… combination of work experience and education, networking and the.n finally a job that led to an L1a an GC….

omgitsmarclol

Hey all,
Thanks for all the responses. After doing a bunch of research, we're going down the marriage route
It looks like there's 2 ways to go, either K-1 or K-3... Can anyone help with advising on the QUICKEST way of being able to stay there with her whilst working for my UK company?

At this point we're open to eloping on my next visit to speed things up. Is it quicker to do that or to do the K-1? I'm seeing mixed messages online about this!

Also, does anyone recommend a company that might be able to ensure that the process is successful? I'm worried we could make a mistake with the documentation and delay things.

Thanks a lot!

civilservant

Quickest route to you being about to work? Ignore the Ks. Fly over, get a quicky marriage, fly back to the UK and file for CR1. It will mean some time apart married, but it will also mean you being able to work the day you immigrate to the US, even for your UK employer.

Unless your adverse to completing forms, or have a criminal record, you do not need a lawyer or anyone to help you, just do your research. I did not use anyone to get my CR1 other than this website.

omgitsmarclol

Thanks for the reply, I appreciate the advice!

From what I have seen online the K1 has less of a lead time than the CR1? Again, I have no idea if the info is reliable.
Can I ask how long it took you to get the CR1?
The objective really is to get me there and working as quickly as possible. What I'm trying to do is essentially spend some time with her over there until she's free to eventually come back to the UK.

SanDiegogirl

K1 and K3 pretty much redundant.
CR1 will take about 12 months to process.
You can visit while visa is being processed.

Presume she is able to sponsor you.

civilservant

The problem is the 'working' part. It will take a good while after you arrive in the US to apply for and receive employment authorization - only then will you be allowed to work on the K1.

So yes, it might get you to the US quicker, but it won't get you to where you want to be quicker.

Indeed, I didn't think to ask that.

postbox134

Do you want to live in the US or the UK in the long term? This statement is confusing me.