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Living in the US but not a US Person

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Active Member
Kristyn G Member Since: Dec 18, 2016
1 of 17

Hi, I have recently moved to the US from South Africa and married to a US citizen. I do not have a green card but I do have the application in progress so at this point i don't think i am considered a US Person. When I go to my tax information section i want to fill out the W-8BEN section but at the bottom it says...

 

"I certify, under penalties of perjury, that:

4. the services performed under this Upwork account will not be performed in the U.S. and"

 

Even though i'm not a US person i am based in the US so I don't know what to do here. Does it mean i can't work on Upwork or can i work and just not withdraw funds until i get my green card or do i change all my profile information to reflect all my South African details (bank accounts, tax info) etc?

 

I don't want to screw any of this (upwork, green card) up so any advice will be appreciated.

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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
2 of 17

Hi Kristyn,

 

You need to have an official permit in order to be able to legally work on Upwork in the country you are in. You may need to talk to a local legal adviser to find out more about getting a green card or a work permit.

~ Valeria
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Community Guru
Juvy Ann P Member Since: Oct 29, 2015
3 of 17

Hi Valeria,

 

What if I wish to visit a relative in the US but only for  a limited time say, 90 days, do I need to have a work permit? Will I not be allowed to continue on with my projects with the current hourly rate that I have?

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Moderator
Valeria K Moderator Member Since: Mar 6, 2014
4 of 17

Hi Juvy Ann,

 

You need to clarify whether your visa type allows you to work in the US. I'd recommend you check with a legal adviser or at the embassy.

 

 

~ Valeria
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Community Guru
Juvy Ann P Member Since: Oct 29, 2015
5 of 17

Thanks, Valeria.

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Community Guru
Juvy Ann P Member Since: Oct 29, 2015
6 of 17

I thought I can "work without limits".

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Community Guru
Preston H Member Since: Nov 24, 2014
7 of 17

Juvy Ann:

Not every question you have is a question that you should ask in the Community Forum.

 

This is one of those questions.

 

The only thing Upwork forum moderators are ever going to tell you is that you should comply with local regulations and all legal regulations you are subject to based on where you are visiting, where you are living, and whatever jurisdiction you are a citizen of. But they are never going to actually tell you what the rules are. They're going to tell you to refer to local authorities. And Community Forum participants are not going to know the particulars of your situation and can not speak authoritatively on behalf of applicable legal authorities even if they think they know the answers.

 

So it does not actually serve any purpose to ask this question here in the Forum.

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Community Guru
Rene K Member Since: Jul 10, 2014
8 of 17

You're a little bit grumpy this morning Preston :-)

 

Technically speaking you're right, but there may be answers to this question. And the answer for the US is pretty simple: tourists don't work.

 

Visitor Visa

 

Some countries are exempt from visa (hem, this may change soon :-) but the tourists don't work rule still apply.

-----------
"Where darkness shines like dazzling light"   —William Ashbless
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Community Guru
Preston H Member Since: Nov 24, 2014
9 of 17

Rene:

not being grumpy.

Just practical..

My advice to freelancers who want to work while visiting another country: don't ask questions about that topic here. We aren't experts and we don't know your status or the particulars of your situation.

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Community Guru
Petra R Member Since: Aug 3, 2011
10 of 17

Preston H wrote:don't ask questions about that topic here. We aren't experts and we don't know your status or the particulars of your situation.

 The moderators and experienced forum members know fully well that non US permanent residents / non US citizens can not legally work on Upwork while in the US, and that apart from being in violation of their visa, Upwork has to suspend their account and freeze their earnings until they can prove to be outside the US again.

 

This was a simple question - I have no idea why you take it upon yourself to decide that she must not ask it.