Folinskyinla

Hi:

As I also mentioned there is an argument that can be made with a straight face that status continues if the marriage takes place with the 90 days.

AlanR

I'm a little confused here. I assume that once all is OK with your EAD you'll transfer across to the US subsidiary and get paid in U$ into a US bank account. This is a temporary arrangement of being paid in Pounds into a British bank account isn't it? Employer has to fill in a I-9 in the US to indicate that you're legal and there are a variety of legal situations that you can find by trawling this site. Usual situation is that a US employer doesn't understand the K-1 situation (or the I-485 one for that matter). You have a UK and therefore a more understanding/forgiving employer in this respect.
Assuming I am confused, for my own 'time-share' on a neuron reasons, then I can provide direct practical help as I was in an identical situation - on a K-1 and transferred by my wonderful company. It was initially frustrating on top of the elation of the marriage to go through the SSN, EAD stuff and my first practical difficulty was actually being able to open a US bank account that I could get money ($) paid into from our US subsid.! Hence my first couple of salaries had to go into a UK account. Once the SSN and bank account was sorted then life was easier. EAD comes later but the company (and I assume USCIS) doesn't worry as you're still legal and within status (I-485 'Adjusting status' is a perfectly legal limbo-land').
Good luck and enjoy the journey. You'll find this site amazingly helpful and entertaining - as I have and did. You may need a thick skin from time to time, but people do respond. It's indifference that's a worse problem in this world.

Bluegrass Lass

I can't speak for the OP, but it sounds like the company she works for just plans on continuing her employment once she moves to the US. She didn't mention them actually transferring her to any US office, but she may have left that info out.

AlanR

Then I can't understand how she's then 'moving' to the US. Is there then a return to the UK? A K-1 assumes immigration intent (although strictly it's not an immigrant visa) - that means having the US as one's country of residence with all that that entails. An NI number means nothing is the US and transferring money across to live won't be easy. I assume working in the US means that - under US law and regulations. Hence my initial confusion.

Bluegrass Lass

She's coming over on a K1, so obviously she intends to live here. What's stopping her from working for a UK company while living here? Once she marries, she's fulfilled the terms of her K1 visa. There are no terms that require you to give up your employment overseas in order to be considered legal in the US, AFAIK. Yes there are costs of transferring money, but I see no issues with immigration in my (very) layman's opinion. The IRS may also have a different viewpoint, but I wouldn't have a clue how that would work.

Only prob I see is that I don't think she can use this income on the I-864 so her future OH will need to qualify for it on his own salary.

helenscarlett

Wow, thanks everyone. This issue is still not crystal clear but I appreciate all the experience and view points.

Just to clarify. I do intend to live permanently in the US, but my UK company wants me to represent them in the US for the foreseeable future, so I will not be transferring to a US company.

I don't want to lose my job and income stream, so I think I will just go for it.

AlanR

But formally working in the US I assume that you are subject to US law and US employment regulations. Someone correct me if I'm wrong.

AlanR

Nothing stops her working for a UK company - I'm here working for a UK company but subject to all the standard US (IRS, SSN, I-9 etc) regulation stuff. Don't you think it's a little strange being across here and being paid in Pounds into a UK account? There's also state law (MA in my case)that has certain implications. I have difficulty working out how someone immigrates to the US (yes I know the K-1 visa) but still retains all the UK trappings. I'm not sure that the UK company has this right and someone with more skills in this area should take up the cudgels...

Bluegrass Lass

[QUOTE=AlanR;6726010]Nothing stops her working for a UK company - I'm here working for a UK company but subject to all the standard US (IRS, SSN, I-9 etc) regulation stuff. Don't you think it's a little strange being across here and being paid in Pounds into a UK account? QUOTE]

Well, the way I see it, it's a way to continue her income stream without any stoppage. If my now OH had had that option, we would gone for it too. I don't view it as being odd. They are ensuring they don't have a break in income, which seems a smart thing to me.

As far as IRS, yes she would be subject to possibly paying taxes here (I really don't know if the setup would put her at a disadvantage tax-wise), and she would presumably get an SSN so she could function in the US since everything you do needs it. I don't know if she would need to worry at all about the I-9, considering her employer doesn't fall under it's jurisdiction.

The OP may have serious issues with this, come tax-time, because I don't think she could use the foreign-earned income tax credit since she's living here so would be possibly be subject to both US and UK taxes (though I would think she would get credit for the UK taxes she pays), but I just don't see any other legal problems with it. However, I am not in any way an expert on labor laws, so would defo be interested in what others say.

helenscarlett

I work for a UK University and have been fundraising from our US alumni for 6 years, from my office in the UK. It makes perfect sense for me to carry on doing this job, while residing in the USA. I don't find it strange.

I will pay UK tax on my UK earnings and declare them on my joint married tax return at the end of the year. There are international treaties to prevent us from being taxed twice on earnings. Apparently one can earn up to a certain amount per year before becoming subject to US tax. I will be checking this out with my employer before signing up for this.

I will still get an SSN like everyone else. And I will keep my British National Insurance number too.

Michael

Usually it is not quite as simple at that. Normally if you are working in the US, you pay US taxes.

If you were working in a branch in a US office, there normally isn't any problem since that branch will pay the employer share of taxes such as social security taxes, medicare taxes, and unemployment taxes. The employer may also pays benefits such as medical and dental insurance, short term and long term disability, life insurance, etc.

However if you are considered self-employeed (contractor), you will need to pay the companies share of social security and medicare tax. Also you may also pay for some of the benefits that you desire. Most consider those extra costs to be at least 30% of your salary but probably closer to 50%. So if the company is going to treat you as self-employed (contractor) as far as the US government is concerned, you should request extra salary to cover the additional costs. Also many times a company paying taxes and benefits get tax advantages that you may not be entitled to when being classified as self employeed (contractor).

AlanR

This seems not to be the same. You seem to be a UK resident as far as work is concerned at least - as you say your office is in the UK. The OP is immigrating to the US - to may it their permanent residence. Now a hypothetical question: what happens if the UK employer decides to pay below the US minimum wage? What if the employer asks the employee to take a lie-detector test (such a request is illegal in MA). I still have a NI number (and obviously a SSN like you) - but it has no use in the US! I believe that the limit is $80000 but others may revise that.

AlanR

[QUOTE=sunflwrgrl13;6726072 They are ensuring they don't have a break in income, which seems a smart thing to me.[/QUOTE]
I came to the US on a K-1 and work for a US subsidiary of a UK company. I had no break in income with the change. Just a few practical difficulties -where to pay the first month's salry for example (no SSN, no EAD, no bank account etc). Wasn't a problem as far as my company (and I guess USCIS and IRS) was concerned. Again I repeat the OP is immigrating to the USA - not just working for a UK company in the US (where a L-1 would possibly be a more appropriate visa)