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watson323

K1/EAD/Self-employment

By watson323 in Working & Traveling During US Immigration

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visacheck Collaborator

visacheck   3

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
I've read some conflicting posts on K1 and work authorization. Is one automatically authorized to work with a K1 visa, or do you *need* temporary authorization (e.g., by getting the 90-day EAD at JFK)? I know that an employer won't hire you without the proper stamps (and some don't accept the stamp as proof), but my fiance will be self-employed. He'll be a small business owner, and likely the sole employee for some time. Can he start/manage his own business on the K1, or does he need an EAD?

There is NO conflict except among people that are uninformed. K1s cannot work without an EAD. The stamp at JFK is NOT an EAD. YOu will have to get married and file for the AOS and wait for the EAD. See the pinned topic at the the top of the "Working before green card" forum.

Any employer that accepts the stamp as "proof" for a K1 is in violation of the law.

A K1 can start a business or be owner/co-owner of a business but cannot be paid and cannot have employment until he has a green card or EAD

Can a K1 apply for a business license which i assume is a requirement to start a business? I asked this on another thread but only got one answer saying that in order to get a business license one has to have EAD or LPR status. Is this true? I am thinking you know because you have been consistently saying that a K1 can start a business.

12/29/2007 Got married in the Philippines
03/28/2008 Got 10yr B1/B2 visa
04/12/2008 Arrived in US under B1/B2 visa
08/06/2008 Filed I-539 visa extension
10/23/2008 I-539 approved
02/23/2009 USC wife filed I-130 Chicago Lockbox
02/26/2009 I-130 delivered to Chicago Lockbox
02/27/2009 Medical exam I-693
03/01/2009 Negative result on TB skin test
03/04/2009 I-130 received by California Service Center
03/05/2009 Check cashed by USCIS
03/06/2009 Medical Exam form I-693 released by civil surgeon
03/07/2009 NOA Receipt Notice for I-130
03/14/2009 Mailed I-485, I-864, I-693, I-765 & I-131 thru USPS
03/16/2009 "The Package" delivered to Chicago Lockbox
03/16/2009 I-94 expired after 11 months since arrival
03/25/2009 Check cashed by USCIS
03/26/2009 Received NOA for I-485, I-765, I-131
03/28/2009 Received notice for Biometrics Appointment (April 9)
04/02/2009 Approval Notice for I-130 received
04/09/2009 Biometrics done
05/07/2009 Received Advance Parole Document
05/08/2009 Received Interview Letter
05/09/2009 Received EAD card
05/11/2009 Applied for SSN
05/16/2009 Received SSN
06/23/2009 AOS interview approved
06/27/2009 Welcome Letter received
07/05/2009 Green Card received
06/01/2011 Mailed I-751 Form
06/07/2011 Received NOA for I-751
07/11/2011 Biometrics Done

03/19/2015 Mailed N-400

03/30/2015 NOA Received

04/15/2015 Biometrics Appointment

06/23/2015 Interview

07/22/2015 Oath Ceremony

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payxibka Grand Master

payxibka   10,045

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
Well, I am a business owner, I do the work in my business. I don't pay myself a salary. Therefore I am not employed in the strictest sense. I think there is lee-way for interpretation of employment when you own the business you work in. But that is just my opinion. I do profit from the income of my business, I just don't pay myself a regular pay-check. Its a moot point for me, as I am a U.S. Citizen, I am just thinking.

If your "business" is set up as a sole proprietorship then the entire "profits" come to you as "earned income" on your form 1040.

YMMV

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watson323 Rookie

watson323   0

Posted
Filed: K-1 Visa Timeline
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My understanding is that if you're on a business visa or a VWP, you can engage in any activity relating to setting up a business. You just can't stay in the US to manage it. http://travel.state.gov/pdf/BusinessVisa.pdf

Not entirely sure about other kinds of visas.

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