BigBoss1984

Hey all,

So another tax question - to summarise - I'll be moving to Philadelphia soon on a K1 Fiancé Visa - marrying shortly after arrival - and I'll be continuing to work for the company I work for now remotely, likely as an independent contractor - my question is, what country do I pay taxes to? The USA being a LPR there or the UK, where I moved from? I'd rather pay taxes to the USA - as I feel like it'll make my life easier.

Ideally I don't wanna be paying taxes to both countries!

Noorah101

USA.

There is a tax treaty between the two countries so you don't pay tax in both countries.

Rene

BigBoss1984

Sweet - thanks, I assume that before I leave for the USA I just inform the UK HMRC that I'm leaving and that'll be that?

Noorah101

Sorry, no idea about that one.

Rene

rpjs

You file form P-85 with HMRC to tell them you're leaving the UK. Note that they may ask you to wait until the UK tax year you left in is over before filing it.

BigBoss1984

Would I still have to pay UK taxes until the end of the tax year if they ask me to wait to file it?

nun

A K-1 does not allow you to work in the US so you will have to apply for a work permit....most people do that after they get married and apply for the green card.

Once that is done you can work in the US and you will pay all your tax for work done in the US to the US. You will file as a part year resident.

Taxation of Dual-Status Aliens

If you are just invoicing the UK company they should not be withholding any NI or UK PAYE taxes and you will then file a Schedule C to declare your net income to the IRS and pay US tax on that.

Be careful of any UK investments or interest that you have as they will be fully taxable in the US and might also be taxable in the UK as UK source income and you will have to apply the treaty. The US also taxes some foreign investments in complex and expensive ways.

BigBoss1984

Thanks - I was told by someone on here that a K1 visa does allow you to work for the three months its valid for?

Noorah101

Nun, his other thread goes through all these details. That's why it's good to keep all questions in one thread. I'll merge this with his other one tomorrow.

A K1 visa holder is work authorized the first 90 days in the USA, as long as the employer doesn't need an I-9, which the UK employer won't.

Once the initial 90 days is up, an EAD is needed, but even if the OP continues working without it, USCIS forgives this when married to a USC and doing an AOS.

Rene

nun

A K-1 is a non-immigrant visa, but you can apply for a work permit that will allow you to work.

Fiancé(e) Visas | USCIS

Pulaski

It does, but only with an EAD permit, which takes about 60 days to receive after you have arrived on your K-1, and the permit expires when you get married, then it takes about another 60 days to adjust status and get permission to work again.

If the ability to work is of significant importance to you then a CR-1 is the way to go. If you are committed to the K-1 route, get married as soon as practical after you arrive, then adjust status and you will be able to work about 60 days later.

Noorah101

I closed this thread as it's just rehashing what was discussed in his other threads. I will try to combine them later.

Rene
Moderator