EAD question

[ryna 132]

My wife arrived on her K-1 in January, we got married later that month and filed for AOS in mid-March. She received her EAD in May but we are still waiting for her GC.

Of course, I know that she is eligible to work in the U.S. with the EAD but can she be included as an owner/principal/officer of a business? I (the USC husband) am in the process of incorporating my (our) business and would like to include her in the initial incorporation filings now so we don't have to amend any of them at a later time. I know a GC holder can be but I don't know if this is allowed under the EAD.

If anyone has any experience with this, I'd be glad to hear it. Thanks

[Robert de Bonda 3]

My wife arrived on her K-1 in January, we got married later that month and filed for AOS in mid-March. She received her EAD in May but we are still waiting for her GC.

Of course, I know that she is eligible to work in the U.S. with the EAD but can she be included as an owner/principal/officer of a business? I (the USC husband) am in the process of incorporating my (our) business and would like to include her in the initial incorporation filings now so we don't have to amend any of them at a later time. I know a GC holder can be but I don't know if this is allowed under the EAD.

If anyone has any experience with this, I'd be glad to hear it. Thanks

As far as I know, anyone can be an officer of any company in the United States without having immigration status. The dificulty lies in the difference between wages and return on investment. I had planned to start a company with my now wife before we even started the K-1 process. What I learned at the time was that she would need a TIN to record her taxable dividends from the business. She could also earn an income as long as she was doing work outside of the country. I don't believe that such income was taxable. In your case, she's here and has an SSN. I would say go for it. She can earn both wages and money in the form of return on investment.

[I AM NOT THAT GUY 5,715]

You need to check the laws for the authority under which you are incorporating, There are some additional requirements for foreign ownership, which a non-citizen would technically be. I may be totally wrong, but that is my first impression.

[Brother Hesekiel 2,236]

Absolutely.

A Eskimo from the North Pole who never visited the United States can become part owner or partner/officer of a corporation or LLC.