E2 Timing - now at 26.5 weeks

[victoria]

Anyone else exceeded the much touted 24 week period and not heard a dicky bird (other than a 'sorry we haven't got to you yet, you ought to hear in a couple of weeks' email 8.5 weeks ago...)?

[JulieC]

A well known immigration consultant hasnt heard on Februarys applications yet, I read somewhere.

[victoria]

really? How depressing. So probably another month at least? Groan..Our papers were ready in Feb but the Embassy is saying they didnt get them till March 11th so I already feel as if we're a month on top of that.

[lorraine]

Hi Victoria we are waiting for L1 at Vermont same as you ours went in a month before they said they had received it and not a dicky bird either we are now in the 5th month AHHHHHHHHHH!!!!!!!!!!!!!!!!!! lets hope we all hear soon and can get on with running our business, employing our american friends and paying our taxes

[Ron]

Hi

This is truly bad news for everyone on E or L visa's and even people in the US who are trying to sell their business to a Brit. Who is going to wait a half a year or so to go to closing whilst London toy with their future?

Do you all have a receipt number ?

If so it should give you an expected date for review. If it is now 30 days past this date can you book an info pass, book an appointment to see congressman or anything else?

[chris]

For the life of me I cannot understand the logic behind the renewals being done in London. I know that the cessation of the renewal by mail to Nebraska in 2004 was I guess because of security concerns, but by golly once you have done the eye scan, fingerprints and sock size, how can they possibly change. From an administrative viewpoint I can see absoultely no reason why given all the whistles and bells of technology these days, thet renewals could not be done insitu in the US, with all security screening done here. I for one would have no issues with any scans, checks, etc done here if it meant I didn't have to fly away on an embassy whim and a prayer that I get back in. In northerner speak - you have to have a slate missing to go back to the UK if they say you might get a renewal.
In can be argued that customers often have a better perspective than staff as to how services should ought to be run.

[Kitty]

Hi Chris

It may have something to do with moving all the backlogs from TSC

Quite often you apply in one visa centre only to find a years or so later it has been transferred to another

This is were mistakes happen and paperwork gets lost and mislaid

[lorraine]

Hi Ron I have a receipt number for Vermont and we are over 60 days past but they just say that is how it is... my attorney sat on hold for 55 minutes to hear that.. We are waiting for renewal of I94 on L1 new business start up.. I am so worried as our best friends came same time as us set up a business put there renewal in just before us got denied and are now in appeal in washington.... We really have invested so much into our business here we employe american staff, we pay tax even though we personally havnt really earnt anything from the american company yet, but we paid tax anyway so that we were contributing.. we live at the moment on our business in UK which as we cant go home at all I dont know how long that will carry on taking money without any input from ourselves.. It is all very worrying kindest regards Lorraine

[JulieC]

You dont get a receipt number on E2. There is no online checking like there is on L1 and they dont answer emails, tel calls or faxes now either.

[Sharon]

Hello Julie


Can the congressman send an e-mail to the embassy on your behalf ?

I think they have a special e-mail address

[Susie]

Hi

The extended waiting time is terrible news not only for the applicant but seller of the business too

I really cannot see why as Britian is part of the EU why we cannot send applications to other American embassies.

The processing time is just a guide if they have further questions or need more paperwork, it is possible you will have to wait a further length of time equal to the original application

I also cannot understand if you get a referral then why cant an officer number be put on the correspondence (or is it ? ) That way when the paperwork goes back to the embassy it should go directly to that officer and not have to wait so long to look at your case

[chris]

Susie,
Didn't Peter Stanhope or someone similar post a remark that the US Embassy in Paris has done an arrangement with other US Embassies in other parts of the EU to handle their overflow applications because they were so busy. I also seem to recall that London was one of the embassies that was helping out with French applications.
If that is 100% accurate, then Xflow arrangements within the EU can and do already exist. This further begs the question, just what is going on within London?
If they had a league table on service, I think they would be fair and square at the bottom.
I raise this further point again though. The volume of delayed applications, screwed up applications and ticked off Brit applicants continues to grow and we now see folks calling it a day in the US because of visa renewal frustrations and returning back to the UK (there were 2 such postings on Florida Forum yesterday). God knows how many potential applicants have already given up that would have gone into the London system. Yet ..... no-one seems to complain to the people who can and should do something about the ungodly mess. Instead, the Forums just turn into Agony Aunts. Bloodletting is good for everyone, but without action it doesn't acheive anything.

[floridapete]

Susie,
Didn't Peter Stanhope or someone similar post a remark that the US Embassy in Paris has done an arrangement with other US Embassies in other parts of the EU to handle their overflow applications because they were so busy. I also seem to recall that London was one of the embassies that was helping out with French applications.
If that is 100% accurate, then Xflow arrangements within the EU can and do already exist. This further begs the question, just what is going on within London?
If they had a league table on service, I think they would be fair and square at the bottom.
I raise this further point again though. The volume of delayed applications, screwed up applications and ticked off Brit applicants continues to grow and we now see folks calling it a day in the US because of visa renewal frustrations and returning back to the UK (there were 2 such postings on Florida Forum yesterday). God knows how many potential applicants have already given up that would have gone into the London system. Yet ..... no-one seems to complain to the people who can and should do something about the ungodly mess. Instead, the Forums just turn into Agony Aunts. Bloodletting is good for everyone, but without action it doesn't acheive anything.

I am posting this just to assist this discussion.

I sent this e-mail to John Caulfield, Consular Officer at the US Embassy on London about two weeks ago:

"Dear Mr. Caulfield,

I have recently found this notice online regarding the relaxation of applications for visas by the US Embassy in Paris, France.

"In order to reduce the waiting time for French travelers, the U.S. Embassy in Paris is shifting diplomatic staff to conduct roughly 50 percent more visa interviews per day. Additionally, some U.S. embassies or consulates elsewhere in Europe will now accept visa appointments from French citizens.

French citizens may now contact the U.S. embassies or consulates in Berlin, Bern, Brussels, Florence, Frankfurt, London, Madrid and Rome for visa appointments. Those web addresses and telephone numbers are listed below"

http://www.usembassy.de/germany/france_visa.html "

Can I therefore take it that, with regards to the extremely long delays which are now being encountered by British nationals wishing to submit E2 or L1a applications to the US Embassy in London (as illustrated by the extremely long delays being experienced by visa applicants and visa renewals in these categories already in the system in London) that British nationals will, like their French counterparts, shortly be free to submit their applications to US Embassy, Visa sections, in other European countries in order to seriously shorten their waiting times ?

I do know that the 'waiting time' currently stated on the US Embassy, London website is NOT a true reflection of the time that first-time applicants and renewals are now having to wait for adjudication of their visas. This is now creating GREAT hardship - particularly for those people waiting to buy businesses to qualify, or already operating businesses in the Us but who now have to apply to London to renew their existing visas, and then have to travel with their families to attend interviews. This process can take months to complete. I know one couple who have been waiting almots one year for their E2 renewal to come through.

Or are the French being made a 'special case' in this ? If so, why ?

Peter Stanhope.

President.

Florida Brits Group.

York U.K."

To date I have not had the courtesy of a reply. I will chase him again on Monday because during the course of next week I have that article to write for the November issue of Emigrate America - and I would like to include the US Embassy's response to this question in that piece.

But as Bobby pointed out recently - I am NOT an ExPat myself, so what's all this got to do with me and why should I even be concerned with the problems of others like many of you ? It is because I care

[chris]

Peter,
Good post Peter, but I would raise the following point. Isn't Caulfield part of the problem not part of the solution?
He works in the London Embassy and sees what is going on on a day to basis. I presumes he can walk and talk and if so can have meaningful conversations with the pen pushers otherwise referred to as Vissa Officers. As an effective Manager he should have already identified the problems and issues and dealing with them. Either that or is the architypal bureaucrat who does as little as possbile between paydays and counts his time before retirement.
The only place I see where the Brits will get due satisfaction is in Washington NOT in London.
As an ex-civil servant myself, I know exactly how some of these peoples minds work and they are past masters at work and responsibility avoidance. That's why I got out.

[Kitty]

Hi

I agree good post Peter and Chris

I think the trouble is the immigration staff have to follow the process by the book. There seems no give or take or flexability in any shape or form

I agree Cauflied must know of all the problems, delays, issues etc., and if the case why does he not address these. The least he could do is post a news letter on the embassy website to acknowledge the problems and what is being done to resolve them

[chris]

Kitty,
I posted a weblink for Mandy relating to the FAM rules. It's section 9 for Visas. In that glossary of the 'rules' it tells the VO's how to process applications and the criteria, etc that they must work by. If you read the section on E Visa's it makes it patently clear at the outset that the FAM rules are for guidance and they emphasise that the VO has to exercise a great deal of judicial oversight on each application. It also states that the VO should exercise fairness, flexibility, consistency and to not necessarily set everything in tablets of stone. This is where we hit this thing called a bureaucrat. I believe half the time what these VO's are doing is protecting their own a...a with their decision making and they a following a party line, not necessarily exercising the freedom they have as set out by the FAM rules. It is typical of these people, they won't hang themselves and they simply hide behind rules and regualtions, when in reality they are supposed to exercise flexibility and understaning of the business process (which they wouldn't have a clue about). I don't know what the federal employee staff level they are at, but if they are junior level, they probably take the view that they are not paid enough to take decisions. You have to understand the civil servant mindset to appreciate what and how they do things. Cor don't you just luv em!!

[Susie]

Anyone else exceeded the much touted 24 week period and not heard a dicky bird (other than a 'sorry we haven't got to you yet, you ought to hear in a couple of weeks' email 8.5 weeks ago...)?


Hi Victoria

I do know Sassy has had a really hard time with getting her E visa approved

you may wish to send her a pm so she can fill you in with the information

[Emmalee25]

Hiya,
just wanted to tag onto the end of this one, Im in my 27th week of the E2 process, our reciept is dated March 17th! we have had email upon email extending our original 8-14week period! we even had an email (which, incidentaly i have kept) stating that they were currently reviewing our file and it would take 2 weeks max......2 weeks later they said they hadnt even reached our file yet!!!! Isnt that Lying????????? thats very naughty hey???

anyway, bottom line.......we are stiiiiiiiiiiiiiiiiiiiiiiiiiiiiil waiting!

Em x

[Sharon]

Hi Em

What does not make sense is when you put your application in the processing time must have been around 16 weeks?? As the web site has only recently altered the date to 26 weeks

So imho, they are definatley little liars !

[Susie]

Hi

Just looked at the American embassy site and says 14 to 16 weeks

or am I not looking in the correct place?

Or does this mean 14-16 weeks after the interview?? confused



Nonimmigrant Visas
The following provides information on visa requirements for travelers to the United States who wish to visit, work or study for a temporary period. The type of visa required will depend on the purpose of your travel. Many travelers seeking to enter the U.S. for business or tourism for less than 90 days will be eligible to travel to the United States visa free under the Visa Waiver Program.

Method of Application
With limited exceptions, nonimmigrant visa applicants aged 14 to 79 are required to schedule an appointment for an interview with a U.S. consular officer. Interviews are by appointment only. The Embassy does not accept walk-in applications.


Processing Times
Routine visa applications take approximately 5 workdays to process after the visa interview. Applicants who tick yes to box 38 should be aware that it is difficult to predict how long the application will take to process, but can expect to wait a minimum of 14 to 16 weeks before being advised of the outcome of their application. Applicants who are advised at the time of the visa interview that their application will require additional administrative processing should allow at least 60 days for this stage of the application to be completed. Please note that the processing times quoted are approximate and cannot be guaranteed.

Applicants who are advised at the time of their interview that action on their application has been suspended under Section 221(g) of the Immigration and Nationality Act are required to allow 10 - 15 days for their application to be processed once they submit the missing documents to the Embassy.

[punky]

The 14-16 week guidline only applies to people who "tick box 38"... which from memory asks about criminal convictions etc. The delay is needed because of supplement processing, etc. It is still only a guideline, as they the right to take as long as they like normally. The delay applies post-interview.

Also, that guideline figure isn't routinely updated, its just a guestimate.

[charliesmum]

If you go to the actual E2 visa section, that's where it states 24 weeks. I think the people that have just put in their applications and have received confirmation, have found that the time has gone to 26 and a half weeks.

I think the 14-16 weeks that is quoted is before you get into the specific visas - it's just under Non-Immigrant.

Zoe

[Emmalee25]

Hiya,
our application went inon 17th march and we were quoted 8-14weeks, each time we get to the marker they just keep extending the timescales! god knows how long this can go on! my visa lawyer is working on it, but i havent heard again today!
Em x

[floridapete]

I'm writing the article for Emigrate America.

Can someone please give me the URL link dirtecty to the page on the US Embassy, London which shows this processing time as 26+ weeks.

Thanks,

[InnVic]

http://www.usembassy.org.uk/cons_new/visa/niv/treatytrader.html
The above link states 24 weeks - can't find 26 week+ though we all know in practice things take longer than any stated processing time.

[InnVic]

http://www.immigralaw.com/english/e2visa.html

Whilst googling to find the 26 week link I found the above for a firm of immigration lawyers in Miami stating a "2-4 week processing - or you can go premium and have it in 15 days."
I am not suprised that there are so many dissapointed people when so called "professionals" give misinformation like this. Do your OWN research.

[Emmalee25]

Hi!
just worked it out and i was getting carried away, im 26weeks TODAY! lets see if i hear something in 0.5weeks....LOL
Em x

[victoria]

Sorry I confused everyone - when I posted my husband was at 26.5 wks ie beyond the 24 weeks they have on the website (they don't mention 26 at all). Like Emma, he also applied when the stated time was @ 12 - ha ha ha.

Now at 28 weeks and still nothing & our attorney is loathe to contact them again for fear of annoying them... Anyone heard any good news?

[Emmalee25]

My visa lawyer emailed me this morning, he had an email from the embassy stating " All Time scales stated are approximate" he doesnt want to contact again either incase my file is earmarked for further investigation!

Ive had a really bad weekend, missing home, p**sed off with all this, we are seriously considering jacking in and going back to blighty tbh!

Em :mad:

[victoria]

oh poor you. It's such a nightmare. We've considered packing it in so many times. Saw earlier that you were told however that your application has gone through one stage so that's got to count for sthing (we've just had the email that suggests that they haven't even got to us yet). Probably best for your lawyer to lay low for a while - I saw an earlier post where the embassy were telling him to lay off the emails!!

[Susie]

Hi

I feel so sorry for anyone who has had enough and wants to leave the USA.

Trust me I have the very same thoughts even now mainly due to the Jobs worth immigration officers and total lack of compassion

The time, effort and undue stress placed upon decent honest hardworking investors and well as all other types of visa's beggers belief

Michael, who is on our committee is working hard along with expats voice to attempt to educated the judiciary committee for immigration reform

As you know expats voice has merely just begining to start our efforts for reform. So please support the committee and help in anyway you can.

Even if it is only a knees up a few times a year. Thanks

[Emmalee25]

Victoria,
Hi, it was MY visa lawyer who was told to lay off the emails last week...bloody cheek they have, he only 'bothers' them once i have gone past yet another date they have given!!!! if they didnt keep delaying or 'lying' then he wouldnt have to contact etc etc etc.
Im concerned about one of my friends, she has had her paperwork sent back for more info, and then been told by HER visa lawyer that once its back in it will only take 5 weeks!!!!!! 5 weeks!!!!!! where the heck did she get that one from! are they adjudicating on the moon now??????????
Just filled out a form for Australia....hahahaha, I aint going back to the UK but im not that sure i want to stay here now either!!! maybe im just babbling and need a beer and some English chit chat!
Em x

[victoria]

actually 5 weeks IS great news. From what I've seen here most people go back to the bottom of the pile & it's another 24wks. This is my greatest fear - that there's some minor additional piece of info that they need & we go back to the bottom of the pile. I've read here about making sure the application cites that it's merely additional & requesting that it isn't treated as a new application but who knows if they take any notice.

Australia would be fun..but what would your mother say!

[Emmalee25]

Hiya Victoria,
everyone does go to the bottom of the pile once they have been returned! her visa lawyer is spinning the yarn (so to speak) thats the prob really, all these visa lawyers making out its easy, ""just give us some money and we'll get your visa"" type gabble and its all untrue (well, it is at the moment)

Emma x
P.s mum would give up her CG and come to Oz with us :)

[InnVic]

I can't comment on the current situation but when our file was returned for information last year our attorney got them to mark the letter "bring forward upon receipt of information". The obviously did. We received the request for missing documents on March 4th, we submitted missing data March 7th we were telephoned on Monday 14th to say our E2 status had been approved, we were given a telephone number to make an appointment which was given 17th March, our passports were then sent to us with the Visa stamp in onsaturday 19th. Because it was Easter we didn't get to the US until 29th but by 30th March we owned and were operating our business.

[Emmalee25]

What I dont understand is that my friends file got returned after only being in for 3 weeks, so if she sends it back and its 5 weeks then its only taken her 8 weeks, which cant be right!!!! can it????

Emma x

[InnVic]

Visa lawyers tell lies.(or are completely stupid and inexperienced!)
If your friends file was returned after three weeks its likely that its because it was either obviously incomplete, premium processed (or different visa) or filed in Belgium or Madrid where I think they give you the visas before your application hits the desk!
I have heard of NO ONE on E2 going through London who has had an expedited processing time.

[InnVic]

Oh just to point out..we had to wait 16 weeks before the request for further information just in case anyones reading into it that the whole process only took a few weeks. And the immigration process to Oz is no easier than USA. It has just taken our friend 4 years.

[Emmalee25]

Hiya Innvic,
I agree, my friends visa was sent via an orlando attorney, her parents used the same lawyer and had their file sent back twice!!! why do they Lie??
oz can be hard to get into, i have close family links there and an in demand proffesion, we applied and were told we could get a visa, but chose Florida instead.........Why??????????? I forget now :confused:

[InnVic]

why do visa attorneys lie..... well if they said this do you think they'd get any business.
"Scrape together every penny you have and give it to me.. Then buy a business in the US. Anything'll do - it may even qualify for E2. Even if your don't buy it outright we'll have your money over here in escrow thank you and you will just have to wait. We'll tell you its only 8-10 weeks coz if you knew it could take a year would you honestly apply? When you cotton on to the delay I'll then blame the embassy. I'll tell you that I'm working really hard on your case - but I'm really playing golf - lots of E2 applications at $5000 a throw pays for a really good club membership. Then we'll be asked for more information - I'll tell you how they are always losing documents at the Embassy - don't worry though I'll sort it out. (job is then given to Kylie who makes the coffee) Oh you'll go through hell but I don't care I have your money. So after 24-28 weeks I'll tell you I'm going to get really serious(may cost more money!)...then I'll play more golf even considering flying lessons...meanwhile you keep taking the Prozac, start to drink, burst into tears everytime someone says 'I thought you were moving to Florida". When finally your visa does arrive you'll thank God you had me there helping(??) you through all the hardship.".
...and thats why they lie.:-)

....

[Emmalee25]

:) :) :) hahahahahaha, you should send THAT in a letter to the white house!
that could be published,,
thanks for cheering me up Innvic :)
Emma x

[Picto]

I’m not entirely sure if it is a comfort or not to know that I’m not the only one deluded enough to invest my hard-earned money in the US knowing that success is not just dependent on my business fortune but on the successful adjudication of an E2 visa application in London.

When I embarked on my journey in October of last year, my attorney rated my chances of approval at 99.9%. I asked him what the 0.1% risk was and he cited “a breakdown in the relationship between the US and the UK sufficient enough to place the treaty in danger” as a credible reason.

Satisfied that this was only a theoretical risk, I began preparing my case with my attorney. I went to the US on a B1/B2 visa to start the process of finding commercial premises and setting up my business.

I opened for business much earlier than expected and applied for an in-country change of status to E2 which was granted within 15 days. My application was also submitted to London at the same time. This was in March and I haven’t heard anything since.

As a result of the delays, my husband has had to go back to the UK because he ran out of time on the VWP (been in and out twice and stayed for 2 periods of 90 days). I have had to stay in order to run my business and keep my E2 status (which I would lose if I left the country).

To make matters worse, my husband had to take our children back with him because they travelled on VWP too (all of them refused a B1/B2 and therefore unable to do an in-country change of status). As well as an older child, we have a 3 year old daughter who I haven’t seen for over 2 months and whom I miss terribly every moment of every day. I have had to stop talking to her on the phone because she cries and asks “mummy where are you?” each time.

My older son has been without an education for the 6 months he was with me in the US because he can’t attend school on a VWP. He isn’t going to school in the UK because he has to look after his sister while my husband works to pay rent on a house and other living expenses as he waits in the UK for something to happen with my application. None of these expenses would be necessary if my application had been processed within the 12-14 weeks I was quoted.

My application was approved in country. I have therefore met the criteria for E2. I have opened for business – my enterprise is real. I don’t understand the reason for the delays in London.

My concern is that my situation appears to be the norm rather than the exception. This is very distressing to learn. What the US Embassy is doing to the lives of good people every day right now simply beggars belief. There must be something that somebody can do on a political or humanitarian level.

I’m beginning to think that I was seriously deluded to think that this could ever work. I would recommend that anyone who is considering investing in the US under the E2 Treaty should think very carefully before embarking on a journey that could take them to places they never expected to be. Back home in the UK, financially broke and emotionally crushed is one of them.

Picto.

[floridapete]

What a distressing story, Picto. How hard it must be for you to understand how your best of intentions for you and your family have been placed in jeopardy, in peril and danger of financial ruin by the bureacratic shufflings going on ever slower in Grosvenor Square, WC1.

I have just written an article for EMIGRATE AMERICA newspaper which, unfortunately, won't appear until November.

I say unfortunately, because in October there will be another round of "Emigrate" shows held in Sandown and York at which many hundreds, even thousands will flock all seeking that intangable 'better lifestyle' - some of them even heading for the USA, some even for Florida.

It would have been very useful if that article would have appeared in the copies of Emigrate America being handed out at the show - if only to forewarn some of those would-be emigrants of the trials and trubilations which await them at the hands of the US Embassy in London. As it is they will be handed a back-issue (well the current issue) which does not carry that article - though there is a feature on another lady's frustrations with the visa system and a follow-up letter from John Caulfield the Consul General in London to other frustrations recently expressed by other applicants (some of whom are members on here). But to a great extent they will be totally unaware of these peoblems and much more likley to swallow the 'rose-tinted' assurances of 'immigration consultants' on the floor of the shows.

But I read just today of similar situations arising at the US Embassy in Moscow, together with similar delays in Paris read of earlier, so is the whole network of US Embassies worldwide going into immigration meltdown following 9/11 ? I don't think that it is simply the increase in visa applications (due to more people wanting to move there) but more likely to be the greater burden placed on all of the consular offices worldwide by the greater needs of visas to travel to the USA at all (due to increased security needs) PLUS the additional wieght of reissuances (renewals) being placed on them following the July 2004 change of procedures by the Dept. of State which was entirley predictable given that they didn't increase the staffing at each Embassy.

So my heart goes out to you and your family. My article will make its way to the desk of John Caulfield I do know - but the last question of it is "So what is Washington going to do about this crisis ?" and I don 't think that the answer lays in Mr. Caulfields hands at all !

[Kitty]

Hell Picto and welcome

My goodness, you have had some problems and so sorry for you

I agree with you and exactly how you are feeling so many others share your pain and frustration

The system can and does work for many but there appears to be so many problems with the American Embassy in London, just making everyones lives so difficult.

it may be a bit comforting to know that Expatsvoice, Florida Peter along with many others have been trying to raise awareness to the disfunctional way the embassy is running.

Caulfied is the head of the American embassy has not acknowledged there is a problem at the embassy and until the press or we make him agree there is a problem I can only see the situation getting far worse

[Kitty]

Hi Picto

I am not sure where you are living at the moment but the schools in the Orlando area only need proof of paying utilities and maybe mortgage or lease on a property.


The school only usually want children to have a medical and jabs then they can be admitted into school


There are so many illegal children in schools so it must be possible for your child to attend

[floridapete]

Hell Picto and welcome
Caulfied is the head of the American embassy has not acknowledged there is a problem at the embassy and until the press or we make him agree there is a problem I can only see the situation getting far worse

Point of accuracy here Kitty.

John Caulfield is not head of the Embassy. The United States Ambassador is the head.

John is only head of the Consular Section of the Embassy. Not quite the same thing by a very long stretch ! :)

[Picto]

Thank you so much for your kind words and immediate replies. It is comforting to know that there are others prepared to adopt a "safety in mumbers" approach to the problem and seek out a resolution.

Pete...I am encouraged by your comments regarding your letter to John Caulfield. I know that he replied to a previous article in Emigrate USA. My assumption is that he is not empowered to change the strategy relating to E visas. An edict from above is the only logical conclusion; is he merely following a greater instruction? There is clearly no attempt being made to improve, even marginally, the current problems. But it can't get any worse can it?

I'm a little nervous that I haven't seen any posts from successul applicants - those that have got E2 within the processing times quoted. There doesn't seem to be anyone who made an application this year who have their visas yet.

A word of caution on the school thing. I know that schools will admit on the basis of proof of residency and the necessary jabs but be careful. I have a friend who was refused entry to the US. She was re-entering a 3rd time (waiting on E2) and was referred for secondary assessment. They opened her cases and discovered school books for her kids. They told her that she had abused her VWP status by sending them to school (on her previous visit), was refused entry and told that she would never be allowed into the US again without a visa.

If only my husband and children could've got a B2 with me, we could've all looked forward to status renewal in-country. What might've been! I am wondering if I should send my husband off to Belgium to rent a house for 3 months and apply there. I'm also wondering if he might get a B2 if he applied now...on the basis that he's "over-done" his time on VWP hopping.

Thanks again for your responses. I will keep you posted on my progress (if indeed I make any). I will also commit to assiting others on here with the benefit of my experience, even after I am successful in obtaining my visa which I still invest all my hope in.

Picto

[Emmalee25]

Hi Picto,
your story is similar to mine in the way that the delays are causing undue stress, when we aplied for our E2 we were quoted 8-14weeks, we were also told the 99.9% rule that you heard from your VA. We are now awaiting a 221g interview (may get denied in London) our business is running, it is profitable, we are paying tax etc etc, I am still on VWP and so is my dh we are here just waiting, and, as you say if it all falls thru we will be back in the Uk broke!
I have a 3 year old too, you must be going mad without your little girl, is there no way she can get over here with you, we will have to start a childcare circle ;)

[InnVic]

I am curious why you chose to start to work in the US - knowing that there could be delays and risks rather than waiting in the UK (as we did) for the E2 to come through.

[floridapete]

I agree with your comments on putting children into school whilst on Visa Waiver. This is ILLEGAL under the terms of the I/94W as pribted on the form that you sign. I know that schools don';t have those concerns - but the visa people DO.

It will be grounds for being refused a visa - and refused entry to the USA - if they get to find out before the visa is granted that you have/had kids in school on a I/94W.

That is playing fast and loose with immigration law !

[Emmalee25]

Innvic,
I cant speak for Picto but, i know the reason we did it was because of the delays....sound double dutch i know, but out of the businesses we looked at none were willing to even wait the 8-14weeks, can you imagine if they had and still been waiting now, I know that i would not be happy if the tables were turned. More and more E2 applicants are selling up in the Uk and coming over to watch over their investments. I know that I was quite blind as to all the problems that could possibly face us, Just wish me luck when i meet with my VA on Friday to plan a strategy.

Em x

[Emmalee25]

I agree with your comments on putting children into school whilst on Visa Waiver. This is ILLEGAL under the terms of the I/94W as pribted on the form that you sign. I know that schools don';t have those concerns - but the visa people DO.

It will be grounds for being refused a visa - and refused entry to the USA - if they get to find out before the visa is granted that you have/had kids in school on a I/94W.

That is playing fast and loose with immigration law !
Does anyone know if this is the same for Nursery schools (eg/daycare) not that i would do anything like that of course :rolleyes:
Em x

[Ron]

Hello Peter

I understand what you are saying about schooling for children but looking at the situation for another view point.

The law English and American say children must be in school or taught at home. So my point is, if the children are not having any form of teaching does that mean they are breaking the law?

[victoria]

Picto, my heart bleeds for you (I'm afraid we're 29 weeks & counting so no good news for you on that score). My husband is in the UK for the duration of his E2 application & he misses my daughter (a US citizen bless her!) terribly. What has been a life saver for us is skype & a web cam - have you tried this for your 3yr old? The first words my 2yr old says in the morning are skype daddy (he used to look after her full time before he left for the UK in Feb so she's really taken his absence really hard & we constantly question why we're doing this to her - and ourselves). We talk through skype and webcam through msn messenger. Her face lights up when she sees daddy and she cuddles the laptop and gives it kisses and stickers and offers it her food to share etc (therapy here we come...) It can just play in the background for hours all for free... I don't know what we would have done without it. (Oh and I'm completely useless when it comes to IT so it's not difficult - my daughter sighs & says oops a daisy mummy crashed the computer again, switch on switch off...)
All the very best of luck..

[Picto]

Hi Picto,
your story is similar to mine in the way that the delays are causing undue stress, when we aplied for our E2 we were quoted 8-14weeks, we were also told the 99.9% rule that you heard from your VA. We are now awaiting a 221g interview (may get denied in London) our business is running, it is profitable, we are paying tax etc etc, I am still on VWP and so is my dh we are here just waiting, and, as you say if it all falls thru we will be back in the Uk broke!
I have a 3 year old too, you must be going mad without your little girl, is there no way she can get over here with you, we will have to start a childcare circle ;)

Hi Em

Sounds like our circumstances are similar. Just curious..how have you been able to run your business when you're on VWP? How long have you been stateside? How many weeks did you wait until you heard about your 221g?

It sounds like more and more businesses (especially start-ups) are being referred for 221g and there is currently no availability for interviews causing further delays. I don't want to feed the fear train but it also appears that the success rate following a 221g interview is somewhat dubious. Call me a cynic, but it seems plausible to me that a 221g interview in London is a sure way of ensuring that applicants are out of the US before their visas are denied. I hope for your sake that is not the case.

I am also shocked that if your business is up and running, demonstrating real enterprise and profit, that you should be referred for 221g. This is getting stupid isn't it? We are having our lives played with here!

Has anyone, anywhere got a good experience to tell in relation to an E2 application this year through London?

Picto

[Ron]

Hi

I doubt that Em is working as this would be in breach of the VWP so must be employing USC or LPR


Can she do unpaid work though?

[Picto]

Picto, my heart bleeds for you (I'm afraid we're 29 weeks & counting so no good news for you on that score). My husband is in the UK for the duration of his E2 application & he misses my daughter (a US citizen bless her!) terribly...

Hi Victoria!

Our circumstances are so similar. I am very familiar with Skype and msn....we use it regularly as we do a 0.2c service from cell phones (I can give you the details if you like). My husband feels he is the only one going through this and thinks we must be crazy to burden ourselves and our children with it. I am close to breaking point myself.

I don't know how you feel about this, but my husband would love to make contact with yours in the UK (what was that you said about therapy! ;)) I'm sure they could give each other some support. There's no one in our social circle that can begin to understand what we're going through. I can't believe you've been waiting 29 weeks. Have you been apart the whole time? Your husband must be going through hell.

I'm so sorry for you and your circumstances. 29 weeks is a total farce. We're expected to have made an irrevocable investment in our US businesses and then wait 29+ weeks for a visa - it's a joke, it really is.

The problem is exacerbated by the fact that the Embassy is governed by the Department of State and Immigration policy is a matter of USCIS and CBP hate both of them.

Consciously or otherwise, the US is putting up a virtual brickwall around its borders.

*sigh*

[Susie]

Hi Picto,

Please hang on in there, I feel your pain and hopefully you will be reunited soon

I am not sure if you are aware but we are holding our next committee meeting on 11th Oct 2006 at 7.30pm in the Davenport area. You are more than welcome to come along and meet a few of us

[victoria]

Picto, You mentioned that you'd heard lots of start ups are getting 221g - how have you heard this & do you know why? (husband is applying for his E2 for a start up). Lack of profit? lack of employees?

He's been in for a few weekends on VW, we've only been over once (thanks to the lack of vacation stateside). He's based in London - where is yours?

[Emmalee25]

Picto,
I am only overseeing my business, I am not drawing any money or profits from it, I have 3 USC employess and a green card holder employee. I spend time at MY store, planning events and schedules, ordering stock etc, but its all voluntary. Ill pm you the rest.
Em x

[Picto]

Hi Susie...thanks for your vote of confidence. I am hanging in and I trust my faith in God. He's never let me down. He's never late, but He sure ain't ever early either!!! Thanks also for the invite. I would love to come along, but I'm not in the area :-(

Em....I can see how you do that on VWP....but aren't you running out of time?


Victoria...Re 221g and start ups. My business is also a start up. My va told me that he's seen an increase in 221g referrals for start up (and requests for additional information). He mentioned requests for independent business value evaluations being required in some cases (to measure whether or not your investment is equal to the market value for your business). He also mentioned requests for CPA certified financial projections being requested more often for start ups.

I also saw a thread on another forum about the increased number of 221g interviews relating to start ups. My suggestion would be not to concern yourself any more or any less than you already have. I'm certainly not going to worry about it. What will be will be in the end...and at best all we have is conjecture and anecdotal information.....sure we pay credence to it in lieu of facts and certainty, but we should equally place faith in our hope and the hundreds of cases that do get approved regularly.

I wish you luck and hope you hear some good news soon (and me too)!

[victoria]

Thanks for the info Picto. (am still in shock that anyone else is having as miserable a time as we are and keep thinking about your poor children - how old is your elder child - how's he faring up?) We submitted CPA projections and financials (at great expense and delay to our orginial application) so that's one thing they can't ask us for - but who knows what else will be deemed to be missing - nothing I hope. Have my fingers crossed for you & Em..

[JulieC]

Gosh all this is horrible, horrible, families torn apart, little kids in different countries from a parent, meanwhile the embassy twiddles their thumbs. Point is they dont care. And having got an E2 by change of status cuts no ice with the embassy in fact it may meeve them off. I am really really sorry for you, but whoever told you to do the change of status thing with small kids who cant get a B visa really have you poor advice. Hope it turns out ok.

[JulieC]

Gosh all this is horrible, horrible, families torn apart, little kids in different countries from a parent, meanwhile the embassy twiddles their thumbs. Point is they dont care. And having got an E2 by change of status cuts no ice with the embassy in fact it may meeve them off. I am really really sorry for you, but whoever told you to do the change of status thing with small kids who cant get a B visa really have you poor advice. Hope it turns out ok.

[Susie]

Gosh all this is horrible, horrible, families torn apart, little kids in different countries from a parent, meanwhile the embassy twiddles their thumbs. Point is they dont care. And having got an E2 by change of status cuts no ice with the embassy in fact it may meeve them off. I am really really sorry for you, but whoever told you to do the change of status thing with small kids who cant get a B visa really have you poor advice. Hope it turns out ok.


Hi Julie


I agree and every day I getting to hear of the most awful cases. I have permission to post one on the forum and will do so tomorrow.

The situation with the renewal truely begger's belief. I feel we must write a strong letter of complaint/concern to the US embassy in London ! and maybe copy to the press assn.

I will put this suggestion to the next committee meeting