Working in my business before ability to legally work...is this possible?

[C and E 36]

47 minutes ago, Scandi said:

There are even people who babysit for friends and family for free and it's still considered working illegally. You don't seem to want to listen to what people are telling you but instead try to find ways around the law, so I won't be responding to you anymore now as it has no effect anyway. 

1

 

1 hour ago, C and E said:

That's why I am doing the planning now...business isn't the priority (it will be a side thing and we will both have other jobs) but rather being together, so it sounds like we will just have to wait...as nothing is worth putting being together at risk after this long process! Thanks for the replies.

 

I will also just add to my apology that the above was my initial response to your reply -- saying that it sounded like would have to wait (for the business) as being together is the more important thing, and then thanking you for your reply. So I really don't think your accusation was merited. 

[geowrian 22,336]

2 hours ago, Coco8 said:

There is no K1 work permit if this kind.

You actually are permitted to apply for an EAD on a K-1 visa. But it's not free to do so, and as stated, it's only valid until your I-94 expires (90 days). It also takes 3-4 months to obtain currently. So it's basically a giant waste of money and effort to apply for it. And you would still need to apply for another one along with AOS, so there would be a gap between EADs where you are no longer allowed to work. Anyway, it's technically possible but completely impractical.

 

2 hours ago, C and E said:

Here's something I found about the work permit I mentioned: http://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter5-22.html

Perhaps it no longer exists? In any case it doesn't help.

That link is correct (see above). However, the timelines are outdated. Expect 3-4 months for the EAD to be approved. I don't think it's been as low as 45 days in a long time...just short of 90 was common before the most recent backlog.

 

2 hours ago, C and E said:

I am surprised to hear that looking after friends and family's children for free is considered working illegally. I really didn't know that. I am really sorry but it appears I am just not informed which is why I am trying to inform myself.

Yup. If the activities may reasonably displace a US worker (i.e. sitter/nanny/caretaker), then they would be in violation of their status unless they are authorized to work and with proper paperwork.

 

No worries...hopefully you're learning. It will go a long way on your journey.

Edited August 4, 2017 by geowrian

[David & Diana R 1,005]

4 hours ago, C and E said:

Hello, I have a I-129F in progess for a K1 visa for my fiance. We plan to start a business together doing teaching. I would like to register the business now (purchase business license, get bank account set up, etc). I will do this in my name. We plan to marry within a month of our arrival in the US.

 

Coming in on a K1 visa, I know there is a three month period where my fiance will not be able to legally work. But, I would like for my fiance to begin right away helping in classes and I would like to be able to put my fiance's name and bio on the website, etc. I would not be making any payments, and everything would still be in my name.

 

Is this legal? Would my fiance be able to be considered a "volunteer"? Is there any kind of language I would need to avoid, or anything to look out for? I would hate to have an issue come along where my fiance's ability to stay would be at risk...

 

 

Let me see if I understand this.  Your fiance will be coming to the US and he/she will work for you "for Free" under your business license?  Your spouse working for "your business" would be benefiting the both of you, would it not?  Of course it would!  You would be making money together as a married couple.  There is just no way around this.  Go ahead and start "your business in your name" but don't allow your spouse to "volunteer" because it will likely be a problem for you.  Just have the spouse wait until he/she is approved to work.  I mean if he/she is not going to be paid what is the point?  Let me give you an example:  I worked as a liquor inspector for 15 years.  Businesses always tried to get around the liquor laws by saying they were "giving away liquor".  As an investigator my job was to follow the money and guess what...it never failed...the money ALWAYS came from the people consuming the liquor because they were buying something, buying a meal or paying an entrance fee that included "free drinks".  See what I mean?  There's no such thing as a free lunch or booze.  Just wait for a few months.  It will be worth it in the end.

Edited August 4, 2017 by David & Zoila

[EG&XY 144]

I agree that I don't think that you can have him working but try to argue that it doesn't actually count as work just because he isn't paid or because it is a non-profit. People working for non-profit organizations still get paid.

 

However, one idea might be to make him a job offer as you are filing for AOS and request an expedite for the EAD based on that job offer. Not sure if they would question that since it is actually your company, but I thought I might toss that idea out there and see what people thought.

[Diane and Chris 651]

You could be looking at upwards of 10 months for EAD if you are just now beginning your K1 Visa process. My advice is to slow down and do it right. Best of luck!

[Dianalorena 1,153]

A little out of topic, but I really don't know why people would choose a K1 over the CR1. I know, I know the big reason is ''less time apart'' but that seems to be the only benefit. I do miss my husband of course, but I couldn't stand the idea of not working for three months or even more, upon arrival. We also got married in my hometown at the beach, which was cheaper than a wedding in the U.S.  No wonder the destination wedding industry is thriving.

Working without getting paid, just ''helping out/volunteering'' is a grey area.  I think you guys would be fine as long as you don't advertise it (having her info online) but I wouldn't risk it, this is such a delicate process, I wouldn't willingly do anything to jeopardize it. Good luck!

[usmsbow 796]

1 hour ago, Dianalorena said:

A little out of topic, but I really don't know why people would choose a K1 over the CR1. I know, I know the big reason is ''less time apart'' but that seems to be the only benefit. I do miss my husband of course, but I couldn't stand the idea of not working for three months or even more, upon arrival. We also got married in my hometown at the beach, which was cheaper than a wedding in the U.S.  No wonder the destination wedding industry is thriving.

 

In some countries (well Indonesia at least), getting married is a pain in the ### paperwork wise. That's one reason my wife and I went with the K-1. Saved us from having to go to a few government offices in order to fill out  and sign numerous forms. Imagine having to go to the IRS, DMV, and then the court house. Sounds like fun right? Also a lot harder when one of you is living on the other side of the world. Was much quicker and easier getting married here in the USA. 

 

And at the time we did it (2014-15), almost everyone on VJ seemed to be getting their EAD/AP in about 60 days, wasn't too bad... I guess USCIS is a little overwhelmed these days. 

[Dianalorena 1,153]

Just now, usmsbow said:

 

In some countries (well Indonesia at least), getting married is a pain in the ### paperwork wise. That's one reason my wife and I went with the K-1. Saved us from having to go to a few government offices in order to fill out  and sign numerous forms. Imagine having to go to the IRS, DMV, and then the court house. Sounds like fun right? Also a lot harder when one of you is living on the other side of the world. Was much quicker and easier getting married here in the USA. 

 

And at the time we did it (2014-15), almost everyone on VJ seemed to be getting their EAD/AP in about 60 days, wasn't too bad... I guess USCIS is a little overwhelmed these days. 

That makes sense  I didn't know this. You learn something new every day! Mexico isn't that bad paperwork wise, we did require blood tests and a few other odd things, but it wasn't nearly as bad since the IRS and DMV wasn't required! Things have progressively gotten worse for sure, the waiting now is ridiculous. 

If that's the case, I hope they don't try to take away the K1 then, since I heard it's been talked about.