JeninGeorgia

First time poster here! My husband is British and currently living in the UK. We are about to start the process to get a marriage visa so he can move to the US. We are now trying to determine if he will move to the US with his current job or without a job. He has a great career and is a dedicated teleworker who works on global business so we had high hopes that his job would simply move his headcount to the US. Where he works doesn't impact the actual work he does as he has to be available at weird times due to time zones regardless. They are unable to move his headcount officially to the US though due to the fact that the state he would be moving to isn't a hub for them so it creates a tax issue. We cannot relocate to a hub that they have in the US due to a shared custody arrangement I have with my child's father. They have been very gracious to say that if there are no immigration or tax laws broken, they will support us getting the green card and continuing to work remotely as a UK headcount employee. We are now trying to research if that is even a possibility. Can a green card holder be employed by a company in the UK and be paid there while actually working from the US? I have reached out to our immigration lawyer, but I thought that this community may be of some help as well.

Rete

He can work for whomever he wishes once he has an immediate relative visa (IR-1) in his passport and activated it at the POE when coming into the US.

Am I correct in assuming that you are a US Citizen?

JeninGeorgia

Yes I am a US citizen.

JeninGeorgia

Do you know if it breaks any laws for him to remain a UK employee even if he isn't living in the UK?

Octang Frye

Tax implications?

Nutmegger

He might be better off working as an independent contractor. He bills them for his work, and takes care of his own taxes in the US.

BigK

Why would they need to support his green card is he is married to a US citizen already (you!). You should be able to file I-130 right away. Also, as someone suggested, he should continue to work as a UK employee, or even a contractor and get paid in GBP if he likes. He will just need to keep his taxes straight.

https://www.uscis.gov/family/family-...nent-residents

SanDiegogirl

I was thinking this too..... if his wife, the US citizen, is sponsoring him then he'll obtain his green card when he enters the country on the immigrant visa. The company will have nothing to do with the Green card.

If he works in the US then he will need to pay taxes and other deductions in the US. How his UK company will handle this I don't know.

Nutmegger

They don't -- he has to be an independent contractor and handle it himself. He can request an increase in his rate of pay to cover the taxes that would otherwise have been paid by the company -- but otherwise it is nothing to do with them.

Rete

No. As I said, he can work for anyone he wants once he has his Permanent Residency/green card. As ours noted, there might be tax implications/complications and he really should be paying into the social security system in the US if he wishes to avail himself of retirement benefits and medicare once he retires, particularly if he remains in the US.

Rete

Reading her post, she stated in the first line that they were getting a marriage based visa to the US. As a newbie to immigration, she is probably just unaware of regulations and/or terminology. Unless she is thinking that by continuing to work for the UK company can they can this income to meet the obligations of the I-864 affidavit of support.