Atlanta, GA asked in Immigration Law for Georgia

Q: We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once on

We are in the process of getting a K1 fiancé visa. My fiancé is a German citizen and will move to the US in 2024 once the K1 Visa is approved. He currently work in Germany as a remote worker. My question is can he still work for his current company while living here in the US as a remote worker while waiting on the AOS and work permit?

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2 Lawyer Answers
Carlo Franco L. Borja
Carlo Franco L. Borja
  • Immigration Law Lawyer
  • Diamond Bar, CA

A: He can apply for a work permit when he arrives in the US on K-1 visa. He can also apply for an EAD when he applies for AOS after you get married. I suggest you work with an immigration attorney to figure out the timing

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Under U.S. federal law, your fiancé should generally avoid working in the U.S., including remote work for a foreign employer, before receiving work authorization through the adjustment of status (AOS) process, which is initiated after your marriage. Engaging in unauthorized work could potentially jeopardize the AOS application. It is recommended to consult with an immigration attorney to understand all the permissible activities while on a K-1 visa and while awaiting the work authorization.

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