Question regarding AC21 - working for a spouse company?

A

achyuth

Member
Hi guys,

I am the beneficiary of the GC applied though my spouse. My 485 RD is Dec 2001 (pending > 180 days). My spouse recently got a contracting assignment. I have an EAD.

Since I have the EAD, I can start my own company. My question is - can my spouse join the company I start and take the contracting assignment and get paid as an employee of my company?

Thanks in advance.
 
Originally posted by american
Since I have the EAD, I can start my own company. My question is - can my spouse join the company I start and take the contracting assignment and get paid as an employee of my company?
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Yes, but I'd look at it as useless from an AC21 point of view. BCIS may agree with that.

It's one thing if you had a large small business with numerous employees, and also hired your wife. However, if she's your sole employee, or one of merely a handful, BCIS may look at your company as simply a front for self-employment and deny the adjustment.

Permanent, full-time work for an unrelated company is best. The closer the relationship between the alien and the employer, the more scrutiny will be paid.
 
Thanks RealCanadian for the info.

BCIS will come to know that I own the company when there is a query for employment letter and I sign that letter. What if I have a partner and that partner signs it? Or are there any other ways of knowing that I own the company?
 
Originally posted by american
BCIS will come to know that I own the company when there is a query for employment letter and I sign that letter. What if I have a partner and that partner signs it? Or are there any other ways of knowing that I own the company?
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If you sign the letter, her adjustment is toast. There is a chance that the INS may suspect fraud, and you may go into a situation where instead of trying to prove the job IS genuine, you're trying to prove that the job offer ISN'T fraudulent. The penalties for fraud are really, really bad.

If you have a real equity partner sign the letter, then your chances may go up - it all depends on how the ajudication officer decides to proceed if there's an RFE and the letter is submitted. If the case gets kicked down to an interview, then you're in the same situation.

Bottom line is that your course of action is only advisable in case of an emergency. You'd be better off spending your energy between now and approval searching for a permanent job for your wife.
 
lets talk offline

Hi American:

I have a friend with similar situation, and he has a solution for this please email to vmunush@hotmail.com so that you guys can talk and find out the work around for this problem.

Thanks,
VM
 
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