exthree

This is my third thread in a few days. I'm still bouncing around deciding which route to take and what is going to be best for me in the coming year.

My next question is very simple.

Assuming I take the K-1 route and am approved no problem. Let's say I can convince my employer to allow me to 'work remotely' after I move to the US and get married on the K-1. Would that negatively affect my application? More importantly would it be illegal?

ian-mstm

A K-1 beneficiary is authorized to work "incident to status" upon entry to the US for the duration of the visa = 90 days. There have been many threads back and forth on this issue over the years and it is generally agreed that a K-1 beneficiary still needs an EAD as proof of that status... but if your employer is willing to forego that proof then yes, it is allowed. If there's any flack over the issue, it is the employer - not you - who will get into trouble.

The problem comes at the end of those 90 days. You are no longer allowed to work. Full stop. End of story. The only way you can work after that would be to have an EAD in your hot little hands... and you can only get that EAD after filing for AOS... and it'll take 60-90 days to get. This is one reason why it's to your advantage to marry as early as you can after arriving in the US and immediately file for AOS - to minimize the gap when you are not authorized to work.

Regardless of how you proceed, you will still require a SSN.

Ian

Rete

While Ian's post is correct, there are still areas that can be expanded on.

You are allowed to work during the K-1's 90 days after entry and no, you do not require a social security number to work. You can apply for your social security number 10 days after entry. Just the fact that you applied is good enough. Since you would be working for a UK entity and being paid in the UK and not the US a social security number is definitely not a requirement.

Also once married to a USC and filing for adjustment of status, the USCIS "forgives" certain behaviors of the foreign spouse, i.e. working without authorization and overstay. They do NOT forgive other behavior, i.e. use of fraudulent documentation, entry without inspection, etc.

Noorah101

It would not negatively affect your K-1 application, no. One of the forms asks if you plan to work in the USA...you answer "yes". My own fiance answered "yes" to that question, and he didn't even have a job lined up at all in the USA.

It is legal to work during your first 90 days in the USA after arrival on the K-1. If your employer is OK with you not having an EAD in hand (sounds like yours would be fine with that), then you're good to go. As mentioned, you'll apply for your SSN about 10 days after entry on the K-1.

The small downside is that there will probably be a gap from the end of your first 90 days in the USA, until you have your EAD in hand after filing AOS...during this gap, you won't be work authorized. You can either take some unpaid time off during that gap, or you can continue working without authorization, which is generally forgiven by USCIS (although your employer might get in trouble if discovered to have employed someone w/o proper work authorization).

Rene

henryh

They do? I thought these required a waiver and an immigrant visa issued outside the U.S.

nettlebed

Certain things such as unauthorized work, as Rete points out, are forgiven for spouses of USCs who are pending AOS. The list is not long, and I'm wondering of there is a "not" missing in her last sentence ("They do forgive other behavior, i.e. use of fraudulent documentation, entry without inspection, etc.").

Rete

Thanks for spotting that .. I made the correction.

Rete

You are correct ... there was a typo in my sentence, since corrected.

BritishGuy36

Working remotely is still working. As was said in your other thread, what matters is where you are physically located.

But if you're here on a K-1 awaiting AOS, it's highly unlikley any issues will arise from it - and working on a K-1 awaiting AOS is a lot different to the question of legality of performing work/'business activity' on the VWP.