Moving to US, Self-Employed and Other

[Catbones 0]

Hi everyone,

I had a question or two for someone in the same situation as me to find out how they managed and did things.

I have a business in Canada as Sole, now moving to US with my K1 what do I do? I need to run my business that means I need to do work. I'm a web designer so computer is all I need. If I don't work for three months or however long it takes to get SSN or Work permit, I will lose everything I've worked for, over 10 years worth. How can I continue my business work while being here on a K1 with wedding date of September 18th, 2010?? can I do AOS ahead of time or something.

Anyone have a suggestion what to do? Maybe from someone who went through this too?

Also, regarding the move. Does POE check your moving truck ? I have computers, software, etc... That few websites state I will pay duty or taxes on any electronic I bring. So how do you bring a computer or two? What about tv? DVD? Playstation etc...? I've read in the guides that all electronics need to be put into a list with description, manufacturer name, manufacturer serial number, is this true/correct? damn... I got a lot of serial numbers to write down then.

Any help and suggestion on both will be very appreciated.

Thank you in advance.

[Inky 1,110]

I crossed in August 2009, they never looked at my list even tho i had one typed out. They never looked in my truck even tho they had my keys for it. All they did was look at my cars VIN number to match the one on my papers. I had 4 computers, 1 TV, 1 computer for parts(broken) I had nintendo wii with all kinds of games and attachments. Crossed at Blue Water Bridge, not saying your situation will be the same but Iv seen many people with similar results of them not taking the list at other POES.

[Kathryn41 3,205]

You are allowed to bring in your personal belongings duty free. Make a list of everything you are bringing (boxed items can be listed as BOX 1: books, BOX 2: winter clothes, Box 3, kitchen utensils, etc. ). Write out the list of electronics and include their serial numbers. The border authorities are more concerned about someone bringing in lots of electronics for resale rather than someone bringing in their own personal belongings. You are only required to pay duty on items that have been in your possession for less than 1 year, but I have never heard of them charging anyone for that. In most cases they don't even look at the lists or the contents. If you are moving your items in a moving van, the same thing applies except there is a special form that needs to be competed for unaccompanied goods. The moving company will have it. You will have to cross the border first, then send back a fax of your I-94 and admissions proof on the K-1 visa to the moving company. They will show these at the border along with the form listing the contents of the moving van. Again, there is no duty owed and there should be no problems.

Regarding working, your situation is a little unique. There are Canadians who continued to work for their Canadian employers while going through the immigration process so your situation would be akin to that. If you are continuing operating the business you had in Canada you are still technically working in Canada - you would need to keep all of the accounts based in Canada and all of the business functions based in Canada until you are in the position to transfer the business to the US. It still has to be in Canada so you would need to have a Canadian address. You would have to set this up so you could continue to administer your business online as once you enter the US you are not able to leave and return until you get your green card. You are not actually working for anyone else so you are not taking a job away from an American. You are self-employed but you may have income that comes from the US or you may acquire new income before you transfer the business so that adds to the gray area.

This is one of those situations where I think you might want to consult with a lawyer familiar with US and Canada based business law or a cross border financial consultant who is knowledgeable about immigration. Absolutely, you don't want to 'stop working' but the gray area comes into effect because you are self-employed and not really working on an employment contract with an employer. Does an artist stop painting and selling their art when they immigrate? Does a writer stop writing and publishing their work when they immigrate? It is much the same.

On the plus side, since your 'income is likely to continue from the same source after you immigrate to the US you may also be able to consider using your income along with your spouses' for the Affidavit of Support.

Good luck.

--------------------------------------------------------------------------------------------------------------------------------------------------------

Moderator hat on:

Inappropriate off-topic type of comment has been removed. Please remember, irrelevant off-topic type of comments are inappropriate for the immigration forums

Edited July 4, 2010 by Kathryn41

[Catbones 0]

Hi guys,

Thank you so much for the answers. Yes, I also thought that if I keep and don't close the government business account in Canada for my business, nor do I close business bank accounts, keep the address on all documents then in some ways I'm still working for a Canadian Company. Plus, like you said that may also show funds important in affidavit support. I was more worried that USCIS might spy or something like that on me if they knew about it or so. I mean, I use a Canadian Paypal account where all my clients submit payments, then the funds get transferred to the Canadian bank account. So I should be fine. Sure, 50% of clients are US, 25% canadian, and 25% from Europe.

Really, I'm not looking at all of becoming nobody's public charge. I'd rather provide jobs then take one.

Wish me luck! I'll see you all Thursday on the other side.

Thank you again for all the answers and suggestions.