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Darren&Laura

Question about company directorship and K1

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Hi,

I am currently the Managing Director of a business here in the UK and was planning to resign my directorship and appoint a current non-director as MD once my K1 approval is imminent and leave the business.

However, this presents a problem as the current Company Secretary can no longer operate in this capacity and so my colleague who I intended to become MD is now going to take this directoral role meaning I need to remain MD.

Will this pose a problem once I emmigrate? Can I remain the director of a UK based company once I move to the USA, (even if I draw no income)?

Thanks.

I-129F K-1 Timeline

08/11/07 I-129F package sent to NSC

03/11/08 Interview - APPROVED

03/14/08 K1 Visa Received

03/17/08 Entered USA on Visa

06/04/08 Wedding

I-485 AOS Timeline

07/02/08 I-485 Package sent to Chicago Lockbox with I-765 Employment Application. (Received 5th)

07/11/08 Check cashed

07/10/08 I-797C NOA's sent for both I-485 and I-765 (Received on 15th)

07/17/08 I-797C Biometrics appointment letter sent (Received on 21st)

08/02/08 Biometrics appointment in Denver, Colorado.

09/05/08 EAD Approved

09/09/08 EAD Card Production Ordered

09/10/08 EAD Card issued (Received 15th)

10/24/08 Interview Letter Received

12/08/08 INTERVIEW - APPROVED

12/08/08 2 Year Permanent Resident Card sent, (Received 14th)

I-751 Removal of Conditions Timeline

10/04/10 I-751 Package sent to California Service Center (Delivered 6th Oct. @ 9:25am)

10/06/10 I-751 NOA1 issued, (received 14th Oct.)

11/29/10 Biometrics Appointment (Received letter 8th Nov, dated 1st Nov.)

02/03/11 APPROVED - 10 Year Green-Card production ordered.

02/14/11 10 Year Green card received in mail.

N-400 Application for Naturalization

12-22-17 N-400 package sent in Phoenix Lock Box
12-27-17 Package received at Phoenix Lock Box and I-797 NOA sent to me.
01-17-18 Biometrics Appointment in Denver, CO (I missed this as no appointment letter was received.)
03-22-18 I found out about missed appointment and contacted USCIS to reschedule.
05-20-18 Biometrics appointment. (Biometrics reviewed by USCIS on 05-21-18)
08-30-18 USCIS Naturalization Interview (Notice sent 07-25-18)

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Filed: IR-1/CR-1 Visa Country: India
Timeline

Darren,

I do not see any problem in retaining the directorship my you eneterprise after immigrating to USA. Lot of people move to different parts of the world and still keep the stake in their business back home.

05-26-2008 Marriage

06-23-2008 Leaving my baby

07-29-2008 I-130 to Chicago lock box

07-30-2008 CSC received I-130

08-01-2008 NOA1

08-05-2008 Touched

11-25-2008 NOA2.

NVC journey begins

12-01-2008 NVC received

12-05-2008 NVC sent visa fee

12-23-2008 NVC received visa fee

12-dd-2008 AOS package received

12-dd-2008 AOS package sent to NVC

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Shouldn't be a problem -- I'm a non-exec director of a UK company and have had no problems with being resident in the USA. The various Companies Acts do not prohibit non-UK residents from serving as a director. You'll need to complete a form 288( c ) to update your address details -- Form 288c

Edited by elmcitymaven

larissa-lima-says-who-is-against-the-que

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Many thanks guys.

I-129F K-1 Timeline

08/11/07 I-129F package sent to NSC

03/11/08 Interview - APPROVED

03/14/08 K1 Visa Received

03/17/08 Entered USA on Visa

06/04/08 Wedding

I-485 AOS Timeline

07/02/08 I-485 Package sent to Chicago Lockbox with I-765 Employment Application. (Received 5th)

07/11/08 Check cashed

07/10/08 I-797C NOA's sent for both I-485 and I-765 (Received on 15th)

07/17/08 I-797C Biometrics appointment letter sent (Received on 21st)

08/02/08 Biometrics appointment in Denver, Colorado.

09/05/08 EAD Approved

09/09/08 EAD Card Production Ordered

09/10/08 EAD Card issued (Received 15th)

10/24/08 Interview Letter Received

12/08/08 INTERVIEW - APPROVED

12/08/08 2 Year Permanent Resident Card sent, (Received 14th)

I-751 Removal of Conditions Timeline

10/04/10 I-751 Package sent to California Service Center (Delivered 6th Oct. @ 9:25am)

10/06/10 I-751 NOA1 issued, (received 14th Oct.)

11/29/10 Biometrics Appointment (Received letter 8th Nov, dated 1st Nov.)

02/03/11 APPROVED - 10 Year Green-Card production ordered.

02/14/11 10 Year Green card received in mail.

N-400 Application for Naturalization

12-22-17 N-400 package sent in Phoenix Lock Box
12-27-17 Package received at Phoenix Lock Box and I-797 NOA sent to me.
01-17-18 Biometrics Appointment in Denver, CO (I missed this as no appointment letter was received.)
03-22-18 I found out about missed appointment and contacted USCIS to reschedule.
05-20-18 Biometrics appointment. (Biometrics reviewed by USCIS on 05-21-18)
08-30-18 USCIS Naturalization Interview (Notice sent 07-25-18)

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As far as the K-1 visa is concerned, it should not be a problem. However, if you receive income from the company you should understand that as a U.S. resident you are taxed on your world wide income.

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