neusyjodie

Hi there,

My partner (wife) and I are looking at starting the process to emigrate/live and work in the USA but have hit a bit of a wall today after speaking to our lawyer.

My partner will be applying for an O1 visa and I will bolt on as her O2. We were told that the only way I could work was by opening an LLC company, which I took to mean the same as having a Limited Company (UK). It turns out that isn't the case at all. My partner can open an LLC with me as co-owner as well, but I can only take expenses and part pay my rent etc on it. I can apparently work through the company as in the LLC will find the work but i can't be paid for it. I'm going to be speaking to a US accountant in regards to taxation etc as my partner will surely be doubly taxed if she is taking money out of an LLC and getting paid from a permanent job.

Just wondering how many others of you have had to go through this process? I know you can apply for a green card after the first year, so would be good to hear your experiences.

Thanks so much in advance!

Orangepants

I understood that the O-2 would be paid alongside the O-1 by the employer or sponsor? You'll get a SSN.

When my OH got his first O-1 and before I got my own work visa, jokingly I asked our lawyer if I could go along as his O-2, and she said cleaning his boots didn't qualify (he's in soccer world) and I don't believe his employer would have paid me to do it, so I hung out for a year or so on a O-3. Fabulous year!

You can apply for a green card now - EB-1A if she qualifies - there is no wait period unless it is an employer enforced condition.

neusyjodie

Apparently not, apparently if my partner has an O-1, I won't have a SSN and won't be a resident in the US. Well neither of us will be until we go for a Green Card.


Do you mean if she qualifies for an O-1 we can apply for a green card now?

Never heard of an O-3 either. How comes you didn't go for an O-2?

neusyjodie

Sorry, apologies, I would be going in as an O-1B not an O-2. My mistake!

Bob

This is more of a immigration question, so I moved it here for you.

Orangepants

Does your lawyer specialize in Immigration? Apparently not!

The spouse and children of an O-1 can apply for O-3s. They do not get SSNs but are allowed to live in the US. No work. I already had an SSN from a J-1 visa from Work America so it was easier for me to get credit cards, driving licence etc.

An O-2 is to assist the O-1 to do their job, ie like Adele - she would get her crew O-2 visas to assist her to do her work. What would your role be in assisting your spouse? Does your spouse have a petitioner/sponsor/employment?

I would say that most apply for visas and then green cards as some visas are quicker to get, so you're on the ground quicker. But yes you can apply for EB1 outside the US if you fulfill the criteria. The criteria are different for each, often you can leverage off the O-1.

If you have O-1 and O-3 of course you can be resident in the US, if you choose. Some people aren't and just come and go - musicians, actors etc. We are are not legal permanent residents (LPR) but we are resident on our visas.

Nutmegger

Do you mean that you are going to stay behind in the UK? Note that there are two definitions of "resident" -- that of the immigration authorities and that of the tax authorities. If your OH has a visa that permits him to work in the US and is living there, he is resident for tax purposes and liable to be taxed on world-wide income.

neusyjodie

I'm not entirely sure I follow. So what's the difference between and O-1B and an O-3 visa?


The thing is, we can't sustain ourselves on one salary alone so would both need to be working. Apparently the only way we can do that is by her having a perm job, and by me working kind of through an LLC, but only being paid by my UK company which makes no sense to me. I apparently will not be able to get a SSN though and from what i just heard from an accountant, i can only work a max of 6 months per year in the US or i'll be taxed.

So many different opinions...

He does absolutely specialise in immigration Law.

neusyjodie

Hi, my wife would be going in on an O-1 visa and trying to get a perm job in the US. Apparently though, she still wouldn't be a resident, but would be working in the US. I however, being on her visa as an O1-B is causing some confusion about whether I can work, whether I can't work and the work around by opening an LLC. I absolutely plan to come to the USA with her and work/live.

Pulaski

If you're living in the US as a resident alien (i.e. anyone who isn't a USC or permanent resident) you can't work unless you have visa that allows you to work. You can't hide behind an LLC and/or work remotely for a business in the UK. It's not allowed.

So far as the six months thing goes, either you're confused, or the person that advised you is confused. If you live in the US for more than six months you become tax resident and are taxed on your world wide income, but in any case if you are in the US while you are working, you are taxed on the income you earn no matter where you are paid nor whatever sort of contract you have and whether or not you have an LLC.

The bottom line: the spouse of an O-1 gets an O-3 by default, and an O-3 holder cannot work while they are physically in the US. ..... They can leave the US at any time, and work so long as it is legal for them to work where they are located.

If the spouse of an O-1 wants to work in the US, they need a visa which allows them to work.

Nutmegger

So you both wish to be resident in the US. The bottom line remains, that if you don't have a visa that permits you to work, you can't work. (And apologies for the he instead of she!)

neusyjodie

No worries, it's online and hard to tell after all

Thanks guys, we've asked for some full clarification on all the things we've been told. Just really sucky as we were literally about to sign papers this week to get this moving... trying hard to just keep positive right now and not feel a little devastated. I think it's just a case of not being 100% open and honest with all the details. So it's led us to misunderstanding.

How did you guys do it?

ian-mstm

With respect, either he's not very good at it, or you are misinterpreting what he's saying.


This is completely unacceptable behavior. You are staking your future life on him knowing what he's doing... and you can't make an informed decision when information is being withheld.


Are you sure you're communicating with the attorney and not some paralegal working in his office, putting his name on the correspondence?

Ian

Orangepants

In what area of work does your wife have extra-ordinary ability? Does she have an agent /petitioner? One of the criteria for an O-1 is a high salary. Our lawyer advised us that although an applicant has to hit 3 out of the 8 possible criteria, a good application should be supported by a high salary in addition to hitting the 3 criteria. Obviously open to interpretation.

You would be considered a dependent on an O-3, cant work but can study. It is your own visa, not on hers. Your visa is in your passport. Don't listen to his opinion, go to the USCIS website and get the facts.

neusyjodie

I think it might be that he's not laying it all out on the table, maybe holding something back as he's too busy or doesn't want to give everything away for free? But also a bit of misinterpretation on our part, understandably so as we aren't getting all the facts and info. Just looking on the USCIS website it does seem that I would be more an O-3 visa.

She is a designer and has been lucky enough to work for big names and been part of an award win. The lawyer we are working with has previously secured visas for friends of ours so comes recommended and with a good track record. He also helped write some of the legislation on this particular visa so we're in good hands. It seems to be just a communication issue here and frustrating for us as we were just about to sign papers, after about 6 months of consideration and conversation.

I've no idea how I'd be able to continue to sustain work in the UK whilst living in the US with my partner and being paid through my UK company (we are contractors at the mo and I can work remotely on my currently role but it's a temporary role and could end anytime.) Obviously if she gets a really really high paid role we might be ok but we'd be probably looking between 65-80K USD for her I think for an initial role and I doubt that would sustain us both.

She doesn't have a petitioner yet, nor does she have a job offer. We'd be looking for both of those once starting the process.

Hmmmmm it's really quite frustrating not having all the info at this late stage. Feel's a bit like we are starting again from scratch! All the while having our lives on 'hold' here.