Starting a business with 2 year conditional green card

[RodneyC 0]

I have a few questions about starting a LLC business while under 2 year conditional

1. Can I have a LLC business ?

2. Should I start the business under both my name and my wifes name?

3. Would this be considered evidence towards the removal of conditions?

If anyone has any experience or concerns about this please let me know.

Thanks

Rodney

[Sam and Fen 41]

Yes, Yes and Yes

[I AM NOT THAT GUY 5,715]

Depending on the state, your wife will already be a co-owner of the business under community property laws. In other states, you would have to prove she did not materially contribute to the business to exclude her. You should talk to a tax attorney to see how best to handle the tax implications.

[aaron2020 11,651]

Depending on the state, your wife will already be a co-owner of the business under community property laws. In other states, you would have to prove she did not materially contribute to the business to exclude her. You should talk to a tax attorney to see how best to handle the tax implications.

While the spouse may have a CP interest, ownership of the LLC is limited to its members.

Having a property interest is not the same as ownership.

I have a few questions about starting a LLC business while under 2 year conditional

1. Can I have a LLC business ?

2. Should I start the business under both my name and my wifes name?

3. Would this be considered evidence towards the removal of conditions?

If anyone has any experience or concerns about this please let me know.

Thanks

Rodney

1. Yes.

2. Maybe. This is both a business and personal choice you should discuss with the attorney forming your LLC and your accountant.

3. Yes.

Edited July 27, 2013 by aaron2020

[I AM NOT THAT GUY 5,715]

While the spouse may have a CP interest, ownership of the LLC is limited to its members.

Having a property interest is not the same as ownership.

Not necessarily. The spouse has certain ownership rights under community property that supersede any operational agreement between members, especially in the case of the death of the spousal member, or divorce.

[aaron2020 11,651]

Not necessarily. The spouse has certain ownership rights under community property that supersede any operational agreement between members, especially in the case of the death of the spousal member, or divorce.

Completely disagree with you.

A property interest does not equal ownership.

[RodneyC 0]

I appreciate the help guys. It will be a business that employees me directly (no additional employees). I will be providing consulting services in my profession.

I have no reason to avoid making her a member of the LLC. Especially if this can be submitted as additional evidence to USCIS.

In regard to tax I can leave all revenue inside of the business so it does not effect our personal taxes. Hopefully one day this grows to a point I can become independant but I will be keeping my 40 hr a week job. This will allow me to make some money outside of my current employer.

The big questions were answered for me. Yes I can have a company. Yes this can be considered evidence for removal of conditions.

Would this be considered substantial evidence ? Such as mutual property, loans, bank accounts etc.

[I AM NOT THAT GUY 5,715]

It worked for me. I just put the wife's name on all my bank accounts, including my business checking account. Since she does not participate in the business, no tax implications for her. The property I own and house we live in is still in my name, but this is a community property state. I also added her name to the utilities. That seemed to be enough in our case.

[I AM NOT THAT GUY 5,715]

I also had her name on all the vehicles.

[Christi85 86]

I have a few questions about starting a LLC business while under 2 year conditional

1. Can I have a LLC business ?

2. Should I start the business under both my name and my wifes name?

3. Would this be considered evidence towards the removal of conditions?

If anyone has any experience or concerns about this please let me know.

Thanks

Rodney

1. No reason why you can't. Even with a conditional green card, you're still a permanent resident with the same rights and responsibilities.

2. Do what works best for you and what makes the most sense for your business

3. Yes. My husband and I started a business in both names, even though I am the one running it day to day. He's got a full time job and only helps with our business after hours. But the business is in both names and owned by both of us, which is also reflected in our tax returns. When submitting our ROC evidence we submitted proof of the joint business as well as proof of the joint business account we maintain among other evidence. While there's no way to know for sure if that made a big difference or not, it certainly didn't hurt our case. If anything, it must have been seen as additional evidence of a bona fide marriage among everything else we submitted, as I got approved for removal of conditions.

Good luck!

Edited July 28, 2013 by Christi85

[Darnell 8,478]

1. sure !

2. doesn't matter. what matters is how taxes are paid.