K1 AND DV Lottery?

[Gary and Alla 3,694]

Fiance is from Spain. We were under the mistaken impression that he'd be able to get a temp EAD. K1 already applied for, so that's a done deal.

The thing is, under the terms of his VWP (when he visits here, before he gets the K1), he's allowed to do *everything* he needs to do to get his business up and running. Do all the research, buy things, rent space, make contacts, even hire people. He's just not allowed to actually manage the business. I'm wondering if that's something I could do until he gets his EAD. At any rate, we obviously need to speak to an immigration lawyer! I really want to make sure everything is above board.

There has been recent discussion about this, specifically debating whether a non-EAD holding person can 'volunteer' for their own company and their co-owning spouse withdraw funds in their own name. You are perfectly entitled to set up a company, as you said, and you can work for him if he's allowed to hire/ pay staff. The hiccup seems to be how the non-EADed person avoids 'benefitting' financially from the existence of the company until the EAD is received.

If he is setting up a bricks and mortar business, I would suggest that once it's open for trading, he not set foot on the premises, and I would have you as the USC listed as co-owner. That way, should immigration do a check, there isn't any argument that someone not authorised to work is actually working.

How quickly is the business likely to be set up? The advice is that the AP/EAD takes 60-90 days after filing for AOS and is valid for 1 year, or until the GC arrives. If he's not taking any action until he arrives, then you may well find he gets his EAD in time for opening the business anyway.

Thanks for the advice! He would start the process of setting up shop while here on a VWP. It's actually an internet business, which would likely be mostly run from home, although he'd have a warehouse where he'd store the product he is selling and a van for making deliveries. I *just* sent in the K1 packet this week. We would like to start selling in May or June. I'm assuming, then, that we'd want to make sure that until he got his EAD, he wasn't driving the van or visiting the warehouse.

As far as the virtual side of the business goes, what can and what can he not do?

How does the non-EAD person avoid benefitting financially when he's married to the person he's employing, their expenses are joint, accounts joint, etc.?

Since he is on VWP, if he comes over to visit you in December, you could get married, file I-130 (don't forget to withdraw K-1) and have him go home until visa is processed. Would be cheaper in the long run and he'd be able to work asap. If you want a big wedding you can do that later.

If he goes home until the visa is processed, he can't set up the business...

Yes, you need to pay someone that knows what they are doing. Immigration, visas, etc. have nothing to do with setting up a business and I cannot understand how you can continually mingle them.

Foreigners set up businesses every day in the USA. Trillions of dollars in business is done by foreign compnaies. NONE of them need a finacee visa to do so!

Fiancee visas have ONE purpose, to allow your fiancee to enter the USA, get married and become a permanent resident. That is ALL. They have absolutely nothing to do with establishing a business.

Wow.

There's a zone of gray separating what activities constitute setting up an investment and managing a business, and well I understand perfectly well that immigration law and business law are distinct, it didn't seem like such an insane proposition that there might be other non-USC, small business owners on this site who had experience trying to advance their business (legally) while waiting for their EAD, for example, by relying on their spouses to perform certain roles.

I appreciate your input, but it does *not* have to be given so bitchily. You seem to expend a lot of energy railing at the appalling idiocy of everyone in the world who is not you.

A waste of energy to be sure.

You have posted this same question in several ways in multiple forums. The answer is the same. A K-1 is for a fiancee to get married. It has nothing to do with business or working. K-1 visas are CANCELLED upon entry to the USA but allow qa person to get married and file for AOS. You can readt the directions, laws, reguklations on k-1s six ways from Sunday and nothing about investment, owning a business or managing a business will be mentioned because it has nothing to do with a K-1. They are separate issues in no way related.

A US citizen can work anywhere for any business, so there is no question or gray area about that. A K-1 holder cannot work for any business until that K-1 files for adjustemtn and obtains a green card or EAD.

ANY person in the world can buy into, own, invest in, market, promote, build or establish a business in the USA as long as they are not employed and paid for that work until they authorized to be employed and paid. Business owners are not covered by minimum wage or other labor laws and can do all they want for no pay