LLC with one US Citizen and One Foreign Partner

Frenchmanfl

New Member
Jurisdiction
Florida
Hi,

I will try my best to keep this brief.

My girlfriend is on a tourist visa but will be apoplying for a student visa (attending school). She has been consulting for a local company, that needs her help. They have asked her to open an LLC (which she has done) so that they can pay for her services through a legal US entity.

The problem is that if she is the sole member of the LLC, any income earned will jeopardize her visa, so I have agreed to become a partner in the LLC.

As a US citizen, can I accept these funds (checks in my name) on behalf of the existing LLC without affecting her visa status? Or would it be wiser for me to just start my own LLC and leave her completely out of it? Ideally, I would like her to be part of it.

If continuing down the path of the existing LLC, what should I put as my official role (partner/sole owner)? How do I structure the LLC so that only shows her as a non earning member, or is this even possible? i.e. volunteer, intern?

I have no stake in her earnings, so this is just a way for her to earn survival moneys while attending school.

Any and all advice welcomed and greatly appreciated.
 
Your GF needs to consult an immigration attorney before you or she do anything else.
AdjusterJack,

Thank you for taking the time to respond. Without any intention of being smart, I am not sure how this is going to address the matter at hand. An immigration lawyer will advise against her being involved in an LLC. Her objective, when the visa situation is sorted out, for the LLC to continue operations with her at the head.

No immigration lawyer is going to advise in this direction, so it will likely be an exercise in futility, which is why I came here, in the hopes that I could get some advice.

Again thank you for your response and, again, please do not see my response as dismissive.
 
AdjusterJack,

Thank you for taking the time to respond. Without any intention of being smart, I am not sure how this is going to address the matter at hand. An immigration lawyer will advise against her being involved in an LLC. Her objective, when the visa situation is sorted out, for the LLC to continue operations with her at the head.

No immigration lawyer is going to advise in this direction, so it will likely be an exercise in futility, which is why I came here, in the hopes that I could get some advice.

Again thank you for your response and, again, please do not see my response as dismissive.


LOL LOL. LOL

There is no LEGAL way one can avoid committing fraud.
 
Is it really fraud though if I am getting paid for the services rendered by an intern of mine?


If you run a stop sign at 3:00 AM on a deserted street, no cop sees you, you didn't break any law. You break a law when you get caught and subsequently prosecuted.

If you try that little ploy, it won't be fraud until you're caught.

So, if you feel foggy, mate, go ahead and jump.
 
If you run a stop sign at 3:00 AM on a deserted street, no cop sees you, you didn't break any law. You break a law when you get caught and subsequently prosecuted.

If you try that little ploy, it won't be fraud until you're caught.

So, if you feel foggy, mate, go ahead and jump.
Point taken. Your input is appreciated.
 
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