EB5 for gay couple?

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stebbinsd

Registered Users (C)
I have fallen in love with a bakla. For those who don't know, a bakla is a man in the Philippines with gender identity disorder. I am aware of the Defense of Marriage Act; please, hear me out.

There is one possibility, however, that we can be together: The EB5 visa. Basically, if you invest at least $500,000 in an EB5 Regional Center, and that Regional Center takes that investment money and uses it to either start or expand an enterprise that creates at least ten full-time permanent jobs, then you instantly get a green card, no fuss no muss. Granted, you must furnish your own transportation to the US ($2,000 plane ticket and, at most, $500 for the passport), pay for the red tape that the regional center uses to process your application (I have found one for just $25,000), and you also have to pay for your own lawyer (about $2,500), but, other than that, you're in like flynn (for a total of $530,000).

Well, naturally, since the Philippines is a third world country, my bakla cannot afford that kind of money herself. I will have to somehow raise that money.

If I did that, however, I would have to do one of two things:

1) Pay a huge gift tax (I have calculated it at $166,800), or
2) Cosign a loan for her, and pay slightly less in interest, but still a lot of money.

However, I have an idea for a third option, one that will require nothing more than the $530,000 she needs. Would the following contract work?

Remember, for the purposes of retaining our anonymity, I will use the names "James Smith" and "Bill Jones."

The following is a legally-binding contract between James Smith and Bill Jones. By signing below, both parties agree that they have read, understand, and agree to be bound by the following terms.

James Smith will pay Bill Jones a sum of not less than 530,000 United States Dollars.

In return, Bill Jones agrees to obtain an EB5 visa to the United States, and agrees to reside with James Smith for at least two years. During this two years, Bill Jones agrees to perform at least fifteen hours of generic butler service.

If Bill Jones does not - for any reason whatsoever - honor his duties listed in the above paragraph, Bill Jones hereby agrees to return all money paid to him by James Smith.
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I think this is a PERFECT idea! It's not subject to a gift tax because Bill's manual labor is, officially, quid pro quo conditional for the $530k! There's no interest because the contract does not STATE that there's interest! Contracts have to explicitly state this kind of thing, otherwise it doesn't exist! Besides, even if the courts want me to have interest, it's not like I'll actually collect on it!

Also, there is absolutely no risk involved! If my ladyboy does not get the visa, she can give me the money back, and we can try again next year!

IT'S PERFECT!

Thoughts?
 
There is another visa that will soon be available called the Startup Visa, or, Eb6 Visa. I believe this will be more suited for your needs because it requires less money, and allows you to be their 'Angel Investor.' I believe this will help you to avoid the gift tax. So look into the Startup Visa and report back with your thoughts!
 
Horace Jones said:
There is another visa that will soon be available called the Startup Visa, or, Eb6 Visa. I believe this will be more suited for your needs because it requires less money, and allows you to be their 'Angel Investor.' I believe this will help you to avoid the gift tax. So look into the Startup Visa and report back with your thoughts!
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Nope, sorry.

First of all, I have heard nothing from the Start Up Visa Act of 2010 after it was introduced. In fact, Senator Kerry's website no longer even has that news article on his page! I can find nothing on thomas.loc.gov about the bill, which leads me to believe that it has died in the committees.

Besides, even if it did pass, the EB-5 would still be much better. The EB-6 visa requires a lot more than the EB-5 does. Sure, it only requires $250,000 upfront, but you have to get an additional $1,000,000 in investment capital (meaning, you can't use profits to expand; you have to use investment capital).

Sorry, but we're going with EB-5.
 
Don't be sorry! I only want what is best for you. I had thought the EB6 was closer to reality, but it does seem to have fallen off the radar, and I did not know about that additional cash! Regardless, I'm sorry I wasn't able to give you a better answer!
 
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