tdemps

Thanks in advance for any help you're able to offer.

Rete

Actually, there is an issue with working while you are awaiting AOS if you don't have the employment authorization document/card in hand. The EAD is taking 3 to 6 months to be received after applying for AOS. So you will have a gap in which you will not be able to work. BTW I believe that once you marry, the K-1 90 day allowed to work period ends.

Ask your tax questions for the US in the USA general forum.

shiversaint

I think technically, given there is not enough of 2018 in your scenario for you to become a formal tax resident, it shouldn't matter to the US, so just deal with your UK taxes. Once 2019 rolls around, you'll be in the US for more than half of the year, so you'll need to start treating your income for US tax immediately. You might want to review this with a CPA as there are some tax treaties between the UK and USA which largely mean you would not need to pay tax in both countries, but working for yourself is a more complicated case.

The problem you actually have is whether you're allowed to work on a K-1. Granted, it would not be for a US company, but I still believe you would need your Employment Authorization Document (commonly referred to as an EAD) before you're allowed to do any activity which results in remuneration in the US, even if you're not being paid in the US by a US organization.

The even bigger problem, is that there is a long, long lead time on EADs right now, which would very likely exceed the 90 day K-1 visa.

This is all as if you are strictly obeying the law. The practical possibility of being caught working for a UK company in that period of time, presumably from home, is going to be very low. Admittedly, almost no-one on this forum would advocate taking the risk for the sake of a few months of work, as the penalties are so severe. Myself included.

Rete

You are allowed to work on the K-1 for the 90 days of the validity of the visa. However, once married the visa is no longer valid and the right to work is then non-existent. You don't need the actual EAD during that time period. It is the inherent right to work and has been such for over the 21 years I have been involved. His problem is that he cannot work once he is married and until the EAD is received that he applies for them he files for adjustment of status. One poster yesterday said he got his EAD in 60 days recently which is a vast improvement but there are still people waiting on theirs for over 5 months.

Twinkle0927

Noorah101

I believe he can work for the UK company during the first 90 days in the USA, whether married or not. After that he'll need an EAD, but since the company is in the UK, they aren't going to need an I-9, and unauthorized work is routinely forgiven by USCIS (at least it used to be).

Rene

Twinkle0927

Rete

The CR-1 tops the popularity list the last few years. Until recently, that was not the case and for decades it was the K-1 fiancée visa. There are good reasons why some people wish to use this visa even though they come from a country where a CR-1 timeline is not far off from the K-1. Some are young and want to have the big wedding and don't want to sneak a small ceremony and then go for the big one later on. Another reason, is that this particular visa was recommended to them when researching or talking with an immigration attorney. Some do not want to marry and spend time apart and don't have the financial means to hop back and forth for visits. Vacation time is scarce in the US and in the UK, it might all be financial reasons.

Rene is not advocating that he work illegally but pointing out that the USCIS does not particularly care if you have worked without authorization. For every pro there is a con. Pointing it out does not mean you should do it. I know a few Canadian who crossed the border, married a USC, and remained and filed successfully for AOS. Just because I wrote it here, does mean I am telling someone to do it.

tdemps

Thanks for all your responses.

This is the crux of the matter for me. I suppose the biggest problem I am likely to face is at my AoS interview, if I'm asked about my income from the time I arrived in the United States. From everything I've read, nobody at an AoS interview after arriving on a K1 visa has had their AoS denied as a result of working without authorization. The general feeling seems to be that some lawyers will advise against it and it is a clear risk, but there is no first-hand account of this being an issue that will affect AoS.

I don't suppose the fact that I would be working for an overseas company would have any bearing or impact on this (as I wouldn't be taking a US job from a US citizen)?

Noorah101

No impact.

Go ahead and work for the UK company for 90 days. If you don't have your EAD by then, take a break until you do. That's the safest, most legal way, if you are worried about it.

Rene

Nutmegger

However, if he is going to be receiving regular wires from the same company into his US bank account it is going to be pretty apparent that he is employed. Thus the necessity of staying on the right side of the IRS will preclude hiding that fact.

tdemps

Yes. Even if my intention is to be paid into a UK bank account and transfer this into a US bank account (only as a stopgap, and not long-term) for living costs, I assume this is still going to raise the same questions at the AoS interview as there is going to be a trail of transactions.

Rete

Your situation is why so many of our posters today opt to go the CR-1 route. The ability to work and earn money from the moment of entry into the US with a valid visa is a necessity that necessitates being away from your spouse for a year or more.

michaelr711

I mean, if the money stays in your UK bank account it's unlikely to be noticeable. If you choose to work, either leave it in there for savings and get it at a later date, or use your UK debit card while out here.

tdemps

In terms of the CR-1 vs. K-1, we did look at both options. The main issue we had with the CR-1 is the fact that after marrying, we'd need to be apart from a lengthy period of time, and we've already spent a lot of time going back and forth. There are obviously pros and cons for both options.

For day-to-day costs, that's not a problem (I use Starling anyway which has zero fees). I'm just thinking in terms of rent payments or other larger living costs, but perhaps I could just transfer that to my partner and the payments can be in her name temporarily.

I'll ask my tax questions in the other forum as advised.