Marriage Green Card And Starting A Business In USA

Question from Kanani:

I am a Mary Kay consultant who met an amazing woman who has a SSN and a international driver's license, but no green card. How can starting a Mary Kay business ruin her chances for gaining a green card when she gets married in Sept?

Answer:

If the lady is going to marry to a United States Citizen and plans on obtaining a green card via I-130 route, it is better for the lady to wait until she gets her EAD card because it will not take too long to get. Or, she could set up the business now but wait until she gets her EAD to actually start operating it. The issue of setting up a business & running it is tricky and the current rules are not crystal clear as to what one can or cannot do. It is widely agreed though, that simply setting up a business is permitted and does not constitute "employment".

Answer provided by:
Qingqing Miao
Ellis, Li & McKinstry PLLC