Starting a business on a K1 visa

[Xschromo 0]

I am a candian planning to get married in the future to a US citizen. I already have an online business in canada that I sell manufactured products from. I am the sole proprietor of this company, have an online store, currently only sell in canada.

What sort of visa do i need on top of my K1 to operate this business from the US?

Can I be self employed through my own business on a K1 visa?

Should i only sell to canada?Should i only sell to USA? or both?

Is this even possible?

[Harpa Timsah 13,260]

You will need to marry, file AOS, and get your EAD.

[KayDeeCee 4,902]

~ Moved from K-1 Process to Working & Traveling During US Immigration - topic is working ~

[Al422 221]

It is not legal for you to operate your business from the US without your EAD.

But what if you transfered it to your husband so it is his business? If you did the actual work for zero pay, I think you would just be helping him out but not really working. Check with a lawyer to make sure I am right before you have trouible. You will need to see one anyway to do a clean transfer into his name.

Another consideration is you did not tell us what you ship and to where. Some things require an export licence to ship to certain countries from the US. Fines can be steep, so make sure you got that covered.

[aaron2020 11,652]

I am a candian planning to get married in the future to a US citizen. I already have an online business in canada that I sell manufactured products from. I am the sole proprietor of this company, have an online store, currently only sell in canada.

What sort of visa do i need on top of my K1 to operate this business from the US?

Can I be self employed through my own business on a K1 visa?

Should i only sell to canada?Should i only sell to USA? or both?

Is this even possible?

You need US work authorization to work in the US; even if it's self-employed.

There is no visa that you can get on top of your K-1 to work in the US.

No, you can not be self-employed on a K1. Self-employed is still working.

You absolutely can not solicit sales in the US. That would definitely cross the line to illegal work in the US.

You need to consult a very good immigration attorney. This is definitely a gray area since the use of the internet was even contemplated when these laws were put in place. Soliciting or selling items to US clients would definitely be illegal work.

[baron555 934]

It is not legal for you to operate your business from the US without your EAD.

But what if you transfered it to your husband so it is his business? If you did the actual work for zero pay,

Bad Bad Bad advice you can not do this.

I think you would just be helping him out but not really working. Check with a lawyer to make sure I am right before you have trouible. You will need to see one anyway to do a clean transfer into his name.

Another consideration is you did not tell us what you ship and to where. Some things require an export licence to ship to certain countries from the US. Fines can be steep, so make sure you got that covered.

[aussie_jason 195]

The spirit of the law is that you can't work while on US soil without a work visa so following the letter of the law you would need to cease operations of your business until you receive your EAD, however many I have seen continue to work for a foreign company remotely and have even been advised by immigration lawyers that it is okay as long as you are paid in foreign currency to a foreign bank account.

[Krikit 1,166]

It is legal to work for a foreign-based company, or be self-employed, while in the US waiting for an adjustment of status. Quite a number of us have done it, and quite a number of us have had it pre-approved by USCIS. EAD is applicable only to US employers.

If you are looking at moving operations to include trade in the US, you will need to familiarize yourself with NAFTA and US rules and regulations.