I own a business...

[DaniSheriff 0]

Hi All

I currently own a nutrition consulting business that is 100% online. I'm tossing up to get the k1 visa or the k3 visa which ever is best for my purposes. So my question is, whats the process if you already have this business (in canada, many clients around the world tho) but need to immigrate to the states? I can't just quit or close it down.

Thank you!

[procs054 0]

what?

you want to immigrate to the usa and you have a USC finance? you want to know whether to apply for k1 or k3? i don't understand how your business is relevant here.

looks here to compare your options.

http://www.visajourney.com/content/compare

Edited July 8, 2016 by procs054

[DaniSheriff 0]

Right sorry. The reason I bring up my business is because after you're issued the VISA you need to apply and wait for permission to be working in the US. Is it ok that I am already working, and have my own business?

[procs054 0]

it's not exactly clear if you're allowed to work online for a foreign company while having no valid work authorization for the usa. like many laws, this is one that has not kept up with the changing technology.

however

Chapter 3 of IRS Publication 519, US Tax Guide for Aliens. Any income from services performed for a foreign employer by someone present in the United States is deemed “US source income” unless that income meets ALL THREE of the following conditions:

1. total annual earnings from such services is less than $3,000;
2. the nonresident alien is physically present in the United States for not more than 90 days in the year;
3. the services are performed under contract with a nonresident alien individual, foreign partnership or foreign corporation.

So it seems that if you come to the usa and file for EAD immediately, it should not be a problem.

Edited July 8, 2016 by procs054

[DaniSheriff 0]

I'm thinking of just making sure all money made remains going into the Australian Bank Account and is still being earned in AUD until the whole VISA situation is 100%.

[Hank_ 9,174]

Hi All

I currently own a nutrition consulting business that is 100% online. I'm tossing up to get the k1 visa or the k3 visa which ever is best for my purposes. So my question is, whats the process if you already have this business (in canada, many clients around the world tho) but need to immigrate to the states? I can't just quit or close it down.

Thank you!

In your situation the IR/CR-1 spousal visa would be the ticket, you get your green card upon entry and will have your SSN within a month. (K3 is sort of dead, they are all converted to IR/CR-1 I-130)