Is this considered a job?

[mike42979 57]

Grrr im even more confused than before!

[Tim/Mav 305]

Grrr im even more confused than before!

How is there confusion Mike. Lets Clarify the terms of the K-1 Visa. Looking for loopholes is looking for trouble.

You have agreed to the terms of USCIS and the beneficiaries currant working status in the US until a AED or AOS. A violation of the agreement is grounds for her deportation and ban.

Your business is for profit. No, she cannot wait on your patrons. It could be a USCIS Official or USDA giving her a tip and she says THANK YOU. "BUSTED" !

She cannot cook in your Kitchen for free since there a minium wage requirements and you must pay UC, WC etc. (Your Business is for Profit but makes No Difference)

You also must have on your Business License you have employees and not be Registered as EXEMPT meaning you work alone. Any employee working for you at any time must be paying taxes and you paying the appropriate fees for that employee to be working full or part time.

Talk to your Accountant. We can thank Bush and Obama but, these are real. I Agree, Good Guys Finish Last. (Oh, and never believe an Accountant if you have one)

In addition to Kristine being Violated, you yourself if caught will face Penaties from the US Goverment for purposely involving yourself in a scheme. YOU DON'T MY ADVICE But, I see this as a posibility. Do you want to take that chance?

I can't wait to see the Brains of VJ reply. Never listen to another and go with your heart.

IF SOMETHING DID'NT SEEM RIGHT, YOU WOULD HAVE NEVER ASKED.

Good Luck Mike

[Inky 1,111]

Grrr im even more confused than before!

Would you pay someone to do the job she would be doing?

If yes, the NO she shouldn't do it.

[Richard-Y-Abigail 18]

While I agree that we should never take any chances, therefore risking our immigration status, but we also have guidelines to follow, set forth by Homeland Security and the USCIS. Tim/Mav, I respect how you write, but you stated that there is a problem with the advice, or counsel that we received from the USCIS.

So, let us examine my work. I am a carpenter. I work by the job. I am the company. My wife helps me out on the job. The money that we receive is ours only. We file taxes on this income, and we file jointly. From the advice that we received, we know that we are not breaking the law. My wife does not receive a paycheck, but she benefits from the income. Are we breaking the law?

I would think that working as a waitress would fall into a grey area. You mentioned tips, and by chance who might be the one tipping. I can say nothing to this.

As for the volunteer work having a monetary benefit. As you wrote about the meaning of the word Volunteer. When one gives blood, are they selling their blood, or receiving compensation under some other mild heading? The last that I heard, it is illegal to sell body parts and organs. Does this mean that an immigrant cannot donate blood?

What about winning the lottery. This will be considered income by the IRS. Courts have ruled that immigrants are entitled to their winnings, and it does not affect their Visa status.

Forever the law is about boundaries, and drawing the lines between what is legal, and what is not. It is possible that the USCIS officer informed us incorrectly. For the record, I mentioned directly that there was a research company that was looking for volunteers to participate in Phase I medical drug trials. The research company states clearly that the "contract" between the clinic and the volunteer is no way an employment contract, and that the volunteer is a free agent, and no employment is offered. He checked this with his supervisor, and returned to tell us that we would not be breaking the law, if we should participate and volunteer for the clinical trials.

There are so many people who receive and give different advice. Each person has to weigh their situation, and do what is the right thing. I am not giving advice. I am telling you what happened during our infopass appointment. I will be back a little later to give actual references, as to where and what this law says exactly.

Meanwhile, please be kind on these pages. We truly need each other, even though, at times, we don't agree with each other.

[Boiler 45,715]

So, let us examine my work. I am a carpenter. I work by the job. I am the company. My wife helps me out on the job. The money that we receive is ours only. We file taxes on this income, and we file jointly. From the advice that we received, we know that we are not breaking the law. My wife does not receive a paycheck, but she benefits from the income. Are we breaking the law?

Unfortunately the highlighted p[art has another connotation and I have had a few beers.

As long as you wife has an EAD she is good to go.

If not, then she is working illegally, but in very good company.

[Tim/Mav 305]

While I agree that we should never take any chances, therefore risking our immigration status, but we also have guidelines to follow, set forth by Homeland Security and the USCIS. Tim/Mav, I respect how you write, but you stated that there is a problem with the advice, or counsel that we received from the USCIS.

So, let us examine my work. I am a carpenter. I work by the job. I am the company. My wife helps me out on the job. The money that we receive is ours only. We file taxes on this income, and we file jointly. From the advice that we received, we know that we are not breaking the law. My wife does not receive a paycheck, but she benefits from the income. Are we breaking the law?

I would think that working as a waitress would fall into a grey area. You mentioned tips, and by chance who might be the one tipping. I can say nothing to this.

As for the volunteer work having a monetary benefit. As you wrote about the meaning of the word Volunteer. When one gives blood, are they selling their blood, or receiving compensation under some other mild heading? The last that I heard, it is illegal to sell body parts and organs. Does this mean that an immigrant cannot donate blood?

What about winning the lottery. This will be considered income by the IRS. Courts have ruled that immigrants are entitled to their winnings, and it does not affect their Visa status.

Forever the law is about boundaries, and drawing the lines between what is legal, and what is not. It is possible that the USCIS officer informed us incorrectly. For the record, I mentioned directly that there was a research company that was looking for volunteers to participate in Phase I medical drug trials. The research company states clearly that the "contract" between the clinic and the volunteer is no way an employment contract, and that the volunteer is a free agent, and no employment is offered. He checked this with his supervisor, and returned to tell us that we would not be breaking the law, if we should participate and volunteer for the clinical trials.

There are so many people who receive and give different advice. Each person has to weigh their situation, and do what is the right thing. I am not giving advice. I am telling you what happened during our infopass appointment. I will be back a little later to give actual references, as to where and what this law says exactly.

Meanwhile, please be kind on these pages. We truly need each other, even though, at times, we don't agree with each other.

WOW, Boiler admits having a few beers and so will I. But how did you go from Construction Law to Voluntary work, to Loto winnings, to giving blood. Mike only asked if she can serve a Soda?

[David79 7]

I think you are taking this way too seriously!

Infamous,

Why don't you leave all the political insults on a forum designated for that stuff instead of putting it in your signature on a visa forum? I don't think trying to insult Republicans with skewed and misleading data is really appropriate for this website.

[Boiler 45,715]

WOW, Boiler admits having a few beers and so will I. But how did you go from Construction Law to Voluntary work, to Loto winnings, to giving blood. Mike only asked if she can serve a Soda?

Colorado Native, the only Coors I will drink.

I prefer the Steamworks but need to finish this off so I can get the Kolsch on.

PS They will not take my blood.

I did the school run etc so I was a bit naughty before I got my EAD.

[Richard-Y-Abigail 18]

Sorry for the confusion. I was trying to draw a point. This is probably why my wife doesn't always understand me either. In some of the earlier posts on the first page, compensation for work was brought up. I was just trying to say that there are other forms of labor, and ways to be productive, while waiting for the EAD. I know of many who do babysitting to earn money. Mentioning the lottery, and donating blood, are just other forms of income. I personally do not believe that if his wife serves food that she will lose her immigration status. The CO informed us that my wife can work with me in my job. I can't imagine that we received bad information. If we did, I guess we will just have to deal with it if it becomes an issue. Maybe that other poster is correct in that the companies bear the greater burden, and that with spousal visas, most things are forgiven.

Salud.

[Tim/Mav 305]

Sorry for the confusion. I was trying to draw a point. This is probably why my wife doesn't always understand me either. In some of the earlier posts on the first page, compensation for work was brought up. I was just trying to say that there are other forms of labor, and ways to be productive, while waiting for the EAD. I know of many who do babysitting to earn money. Mentioning the lottery, and donating blood, are just other forms of income. I personally do not believe that if his wife serves food that she will lose her immigration status. The CO informed us that my wife can work with me in my job. I can't imagine that we received bad information. If we did, I guess we will just have to deal with it if it becomes an issue. Maybe that other poster is correct in that the companies bear the greater burden, and that with spousal visas, most things are forgiven.

Salud.

I can understand how feelings are mixed about this subject but please keep in mind no matter what a USCIS Official says to you another USCIS may disagree. USCIS does not Govern Workmans Comp, Unemployment tax, State Tax, Federal Tax, I-9's for the Self Employed and working under the table because some fool said it OK to work without authorization. See what happens if your caught. Anything could happen while working such as an accident that may or maynot cause bodily harm to oneself or another, Accidental fire damage, just a simple unforeseen accident that authorities are called and start asking for names. See the scenerio.

[Boiler 45,715]

Sorry for the confusion. I was trying to draw a point. This is probably why my wife doesn't always understand me either. In some of the earlier posts on the first page, compensation for work was brought up. I was just trying to say that there are other forms of labor, and ways to be productive, while waiting for the EAD. I know of many who do babysitting to earn money. Mentioning the lottery, and donating blood, are just other forms of income. I personally do not believe that if his wife serves food that she will lose her immigration status. The CO informed us that my wife can work with me in my job. I can't imagine that we received bad information. If we did, I guess we will just have to deal with it if it becomes an issue. Maybe that other poster is correct in that the companies bear the greater burden, and that with spousal visas, most things are forgiven.

Salud.

You now know different.

If you stay on this board you will see plenty of other examples.

[Richard-Y-Abigail 18]

Sorry. I still stand by what I have said. Even Immigration expects us to file jointly. As I said, I will find book and verse that supports what I have been saying. I am going to make a leap here and hope that some of you can extrapolate my point. Of all the crimes that Al Capone was thought to have committed, the only thing that the Federal government could do, was to arrest him for not paying his taxes. Having said this, I am certain that any minor income that a visa applicant should happen to "make", as long as it was not derived from a formal work institution, is accepted, and considered abiding by the spirit of the law, i.e. no EAD, no formal employment.

[Boiler 45,715]

I really do not care what you do and the consequences you could suffer.

But please do not post what you think should be the case, other people may unwittingly take your sic guidance and that would not be nice.

[Gary and Alla 3,694]

If i the petitioner were to work a function selling food from a tent and my Fiancee wanted to help me serve say hotdogs prior to EAD is this allowed if i do not pay her? Shes gonna be sitting there watching me otherwise and doesnt want to stay at home alone!

Volunterering is allowed. She is not being paid, it is not a job.

[Gary and Alla 3,694]

Sorry for the confusion. I was trying to draw a point. This is probably why my wife doesn't always understand me either. In some of the earlier posts on the first page, compensation for work was brought up. I was just trying to say that there are other forms of labor, and ways to be productive, while waiting for the EAD. I know of many who do babysitting to earn money. Mentioning the lottery, and donating blood, are just other forms of income. I personally do not believe that if his wife serves food that she will lose her immigration status. The CO informed us that my wife can work with me in my job. I can't imagine that we received bad information. If we did, I guess we will just have to deal with it if it becomes an issue. Maybe that other poster is correct in that the companies bear the greater burden, and that with spousal visas, most things are forgiven.

Salud.

Donating blood and being paid is selling something that belongs to you. It is not working, it is allowed. You can sell your used baby furniture too, no problem.

The lottery is gambling, not work. You can buy lottery tickets, anyone over 18 can, even tourists.

babysitting to earn money is work and is not allowed without an EAD.

Working in a husbands business and not being paid is not work.

I have not heard of the USCIS making an issue of anyone working. If anyone knows of an AOS that was denied because the spouse was working before the EAD please state so and give details. Doesn't happen.

I am NOT auggesting you break the law, I am asking for anyone's experience in the matter, if any.