How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99981
Experience:  Private practice in several areas, including immigration
7286322
Type Your Immigration Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My fiancee will be moving to the US from Canada with an approved k1 visa. We will shortly

Customer Question

My fiancee will be moving to the US from Canada with an approved k1 visa. We will shortly marry and live in the US afterwards. Her job would like her to continue working throughout the process. Is this possible?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
Yes, it is.
If she will be working virtually for a company abroad and receiving pay abroad
If so, then this should not be an issue. She may simply continue to do this.
If she will be working in USA locally, or, being paid in USA
If so, then once you are married and the I-130/I-485 package is filed, an EAD (here) should be filed with it. The EAD comes back in a few weeks (faster than the rest of the applications) and allows her to work in USA while the package is pending.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 1 year ago.

Thank you for the feedback. She will be working in the US virtually for the Canadian company. Just to confirm, she is allowed to this while submitting paperwork to work in the US?

Expert:  Ely replied 1 year ago.
You are most welcome.
Correct. If she is working virtually and is being paid from Canada into a Canadian account for now (just to be safe), then this should be okay.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 year ago.

  1. How do we be sure?

  2. Does her company have to take any action?

  3. Are there any implications on the US side for her continuing to work?

Expert:  Ely replied 1 year ago.
How do we be sure?
She would be paid from Canada into a Canadian bank account. Then, it should not be an issue.
Does her company have to take any action?
No, aside from the above.
Are there any implications on the US side for her continuing to work?
No.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.