Self-employment / starting a business & EAD

[watson323 0]

My fiance and I have just sent in our application for a K1 visa. We're crossing our fingers everything goes as quickly as possible. His plan is to start a business in the US, and it's my understanding that under the terms of the VWP, 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 until he gets his EAD. I'm wondering if that's something I could do until he gets his EAD of if he could hire someone. Does it make any difference whose name the business is in?

At any rate, we will obviously to speak to an immigration lawyer! Before we do that, I was just curious if anyone here has had experience with EAD issues in the context of self-employment or starting a business.

Thanks!

[watson323 0]

so if my husband is the proprietor of a business, that's allowed, and he can do things to manage that business, he's just not allowed to pay himself? if we own the business together, and I work in that business, is he allowed to pay me?

odds are, prior to getting his ead (and several months after), he won't be drawing any money out of the business, but rather taking all the $$ from sales and either keeping it in the business account or reinvesting it back into the business. he *will* be working. he will not be drawing a salary.

[watson323 0]

sorry---i tried to edit the above. did not work.

so if i understand it correctly, my husband can invest in a business, that's allowed, but he's not allowed to actively manage it? if we own the business together, and I work in that business, is he allowed to pay me?

odds are, prior to getting his ead (and several months after), he won't be drawing any money out of the business, but rather taking all the $$ from sales and either keeping it in the business account or reinvesting it back into the business. he will not be drawing a salary. i'm not sure which activities he is/is not allowed to do during that time. if someone wanted to investigate, how would we prove he (the EU citizen) was doing only what he was allowed to do as the investor and that I (the US citizen) was doing all the other work? Would they just presume we were doing everything together?

[rebeccajo 14]

Watson -

Give your thread some time to percolate. It's a lovely day outside and it may take time for you to receive answers.

[watson323 0]

Watson -

Give your thread some time to percolate. It's a lovely day outside and it may take time for you to receive answers.

?

I was actually just trying to edit my original post. Unfortunately, the platform doesn't really allow me to do that or to delete a post I made in error. If you have some way of doing that, that would be lovely.

[watson323 0]

Sorry to be a pain. Could a moderator actually delete this thread? It is redundant.