work or hobby?

[Bikerdude 0]

Ok,here's an interesting theory I have for you all.

Once me and my fiancee are married and settled we want to start our own business which will be a tattooshop/custombikeshop.

Now,since I will have to wait for my EAD I was wondering if we could put the business in my wife's name at first so theoretically she would be the one getting paid for the work

I would be doing and I would be doing the work only for a hobby.Does anyone know if that would fly legally???

It would sure make things a lot easier......

[Otto 83]

Sounds like work to me.

But since EAD only takes 60-90 days to get.

In theory - you could have your EAD long before you get your business up and running...

Edited May 25, 2009 by Karin und Otto

[JimVaPhuong 4,863]

8 CFR § 274a defines an employee as "an individual who provides services or labor for an employer for wages or other remuneration". As long as your not receiving any sort of compensation for your work, then you might be ok. However, if you're living in a community property state, then her income might be considered to be your income, which would mean that you were being paid indirectly for your work.

It's a gray area. You might want to consult with an attorney. Better yet, why not prepare to start your business while waiting for the EAD. It generally only takes a couple of months to get the EAD. Most people need more time than that to launch a new business.

[It's me 1]

Ok,here's an interesting theory I have for you all.

Once me and my fiancee are married and settled we want to start our own business which will be a tattooshop/custombikeshop.

Now,since I will have to wait for my EAD I was wondering if we could put the business in my wife's name at first so theoretically she would be the one getting paid for the work

I would be doing and I would be doing the work only for a hobby.Does anyone know if that would fly legally???

It would sure make things a lot easier......

no doubt....work

[jundp 191]

Sounds iffy to me. Why not just prepare the business whilst waiting for work authorization? Presumably your wife will be working elsewhere before you open this shop anyway, so as to show the ability to support you (unless you have a co-sponsor).

Wait...can you get in trouble for hiring yourself as a person not legally allowed to work in the US? Interesting.

[CA dreamer 3]

sounds like a hobby:) but better prepare yourself in a tech field and u will be sth better than a tatoo drawer here u are:

ccna/mcse/installing camera control systems/fire alarms/cable technician and network infrastructure tech/installing phone cabins....etc that will be a better future for u and ur hour will be not less than 13usd what are ppls opinions?

[AaronLV 12]

It is going to take you sometime to set up the business, get the space/location, permits, etc.

Best to get married asap, and then file AOS as quickly as possible. Hopefully by the time the EAD & GC arrive you will just be opening. You can plan for it to take 3 months to get the business open, most likely it will take longer with getting a lease, build out, etc. My feeling is 3 months is optimistic and will probably be closer to 6. If your wife is working and you have a business that is open while she is at her regular job, and you have no other employees, then it will be obvious you are working there.

My suggestion, start the process and then be ready to open when you get your EAD or GC. That way there will be no problems.

sounds like a hobby:) but better prepare yourself in a tech field and u will be sth better than a tatoo drawer here u are:

ccna/mcse/installing camera control systems/fire alarms/cable technician and network infrastructure tech/installing phone cabins....etc that will be a better future for u and ur hour will be not less than 13usd what are ppls opinions?

I say do what you love, don't do something you don't enjoy, life will be miserable.

[Bikerdude 0]

hour rates for tattoo artists are around $150,I don't think you can top that easily.As for setting up the business,I'm not new to this and since I would have nothing else on my hands it would probably take me a month or so (yeah,I'm pretty good with other tools too). Anyway,we still need to find a house after we get married and she will be looking for a job there too,so I guess it can wait.I was just curious if it would be possible.......

[CA dreamer 3]

hour rates for tattoo artists are around $150,I don't think you can top that easily.As for setting up the business,I'm not new to this and since I would have nothing else on my hands it would probably take me a month or so (yeah,I'm pretty good with other tools too). Anyway,we still need to find a house after we get married and she will be looking for a job there too,so I guess it can wait.I was just curious if it would be possible.......

i dont wanna be a binary king anymore...show me how to draw a tatoo:))

ok good luck in this thing and i think if u got the place already set with all stuff prepared u can stay in the shop as an assistant or a trainer till u get your ead,and keep your wife with you all the time in case anything happened,but go ahead thats great

[Dakine 26]

If the immigrant without a SSN or permission to work from DHS plants and grows veggies at home and trades such for services and other things is that considered "working"?

[ThaitoUSA 15]

I've found this site to be accurate in the past:

http://www.payscale.com/research/US/Job=Ta...ist/Hourly_Rate

[Bikerdude 0]

I've found this site to be accurate in the past:

http://www.payscale.com/research/US/Job=Ta...ist/Hourly_Rate

OK, I finally stopped laughing long enough to post a reply to this.If you think that this is anywhere near accurate you should walk into the nearest tat shop and just ask.........

[Otto 83]

sounds like a hobby:) but better prepare yourself in a tech field and u will be sth better than a tatoo drawer here u are:

ccna/mcse/installing camera control systems/fire alarms/cable technician and network infrastructure tech/installing phone cabins....etc that will be a better future for u and ur hour will be not less than 13usd what are ppls opinions?

[motu 6]

You are working but not getting paid - to me that sounds completely safe and OK. My sister worked for a doctor before setting up her own practice - she needed to figure out the paperwork etc. that she would need to do in her own practice. She was paid nothing for about 4 months ow work - but it was extremely important to her - she followed the same mechanism in her own practice. You will be working to get a foot in the business and I believe neither Immigration nor IRS have a problem with that in my opinion. Good Luck

[JimVaPhuong 4,863]

If the immigrant without a SSN or permission to work from DHS plants and grows veggies at home and trades such for services and other things is that considered "working"?

That would count as "other remuneration", so yes - you would be employed and need an EAD. The only exception provided in section 274a is for casual domestic workers "who provide domestic service in a private home that is sporadic, irregular or intermittent".