Dont know where to post this???

[Emmalee25]

Hi all,
sorry, just been having a surf around and didnt know where to put this, so its in here now ;)
We are having a nightmare with our E2 visa, we started the ball rolling in October 2005 and found a good visa lawyer based in orlando, we left the uk on 5th december 2005 and closed on the purchase of our business on 22nd december 2005, we recieved our receipt from the embassy to say our visa would take 8-14 weeks to come through....Low and behold, 9 months later...still no visa! we have been in constant contact with our visa lwyer who has been hounding the embassy, they keep saying its due to delays at the embassy and extending the time scale by 2 weeks, ie. it will be ready in 16 weeks, 18 weeks, then 24- weeks, 24 weeks was last friday and still no word!!! what annoys me is that i have an email from the embassy saying that they were actually working on OUR file and it would be ready in 2 weeks, they must have blatently lied though, as 2 weeks later they said they hadnt even got to our file yet!!!! we have renewed our visa waiver twice, been thouroughly questioned once (then we learned to come thru sanford instead of International airport!).
Does anyone on here know what the heck is going on at the moment, its getting me quite angry now!!!

Cheers guys
Em x

[Emmalee25]

Just got this email from my visa lawyer from the embassy:

Emma,

after 3 or 4 emails last week, I got this answer:

"Dear Mr. Vargas,

We do understand the frustration of having to wait to find out if your application is successful, we also do not have any objections to inquires on the outcome but we do ask that it is conducted through one party only and we are not repeatedly sent so many request in a short space of time, as this is a busy department and emails are our only method of contact we have many request and always try to respond as quickly as possible hence the auto response. The E visa officer conducts interviews as well as adjudications and new procedures implemented has meant a delay in adjudications.

The E visa department thanks you for your patience and apologizes for any inconvenience caused.



American Embassy

London"

[floridapete]

Hi Emmalee, just wanted to say that this posting may answer, to some extent, the question I have asked of you on another thread. But it would still be interesting to hear of your clarification anyway regarding E2 vs Green Cards.

The delay at the US Embassy in London has been well discussed on this Forum, in fact I think that there is an ongoing thread as to the ever-lengthening waiting period.

Why ? Just too many applications and renewals for the US Embassy in London to deal with with so few staff - and Washington don't seem to have any concern to increase the staff vetting the paperwork. The situation has become MUCH more serious over the last two years - due I am sure (though nobody in London has admitted it) because all expat Brits are now being required to return to London for their visa renewals to be processed and approved at the end of their period of validity.

But why did you actually decide to buy and close on the US business before you had your E2 visas approved and in your passport ? Wasn't that a bit risky ? What happens if they don't approve you ?

Best wishes from Sunny and warm Yorkshire today !

[Sharon]

Hi Emma and Peter

I am concerned that many people who purchase a business and close without visa approval and have their passport stamped as well.

It has been brought to my attention that there are and have been some companies selling business's telling nuyers # that just because the seller has E visa status then the business will qualify them too! # Hmm, not good advise by some business brokers.

I cannot mention names on an open forum but there are more than #one# type of operations that have inhouse , mortgage brokers, residential realtors, commercial realtors and immigration attorney to boot. There are a few that are currently under investigation for malpractice.

I would urge people not to use companies that (IMHO) have all services under one roof. Get a business broker, seek out your own CPA accountant to carry out due diligence, speak to your own bank manager in home country and one in the usa, show them all accounts and your business plan

[lorraine]

Hi Emmalee fingers crossed you hear something soon.... I too wonder the same as Pete why you would buy the business before getting your approval.. We met 2 different families who didnt get approval even though they bought the business. One family now returned to UK the other are still hear trying to change status.. I dont want to put a downer on anything and hopefully you will recieve your E2, but hopefully you have something else in place just in case... Good luck kindest regards Lorraine

[Susie]

Hi Em

I think it would be a good idea for us to have a chat as I am a bit concerned.

Sharon is spot on 100% The only important additional comment I will make to those about to purchase a business is

Only ever buy the assets of the company. Do not buy the whole company. The reason is that should the company have any law suits pending, compensation claims or anything like that you not only purchase the company but its problems also

I purchased a Vacation safe company acouple of years ago. I place an offer contingent on the first y/e figures in line with the past three years.

I made offer to pay in three stages, The first payment was handed over once all equipment and safe codes were handed over. The second payment was made once the web site had but put into my name. The last and most important final payment was due after the first y/e contingent on figures in line with the past three years and contingent on ongoing support from seller during the first year of trading

Thank goodness I did. He ran up as much debt as he could, and left the USA. I did come slightly unstuck. He failed to pay for the toll free telephone number and owed over $1200 .

I only found out by chance as I reported our phone line did not work. Verizon could not care that the bill was nothing to do with me. All they wanted was the money and if I needed to keep the same number then I had to pay up!!

As this telephone number is displayed in approx 600+ rental homes it was quicker just to pay up. Anyway the seller never did get the third and final payment. As he vanished he never gave ongoing assistance nor could I find him

[Emmalee25]

Hiya,
the reason for the purchase of the business before the E2 was discussed at length with my visa lawyer and closing agent, as my parents are green card holders over here and provided some of the funds to purchase the business, then, should we be refused the E2 they will 'buy' the business from me and run it themselves, I will return to the UK. We were advised that we should have no problem getting the E2 and that it would be ready in march, so thought it no problem to go ahead, also, my husband had been made redundant in the UK and we used his redundancy cash to fund our move! On top of that our sons health was a concern and we needed to be in the USA to help with that too. We just decided to do it all togther! apparently our visa application has been accepted (eg/will not be sent back for more info etc) so we are awaiting a yes or no answer i suupose! if its a no, we go back to the Uk with our tail between our legs and wait 4 years for the green card sponsorship to come thru.....Sigh!!! what a faff!
Em x

[chris]

I shake my head is disbelief as to what some so called professional experts, on both sides of the pond, will do to relieve good people of their hard earned cash. I am dumbfounded that your VC is happy and content for you to labor with the VWP, when you will come a cropper on it quite soon.
I have some friends who bought a business here and came over on VWP whilst their E2 application was and still is going through London. They have been in and out on the VWP for the past 3 times. Well guess what? On their last entry, at Sanford I might add, they were taken off for secondary processing and given the 3rd degree. They were told in no uncertain terms that when they leave in October, they must not return until January of 2007. If they try re-entry they will be refused and their file has been marked accordingly.
I'm afraid you fit in the same box and the VWP is not a system intended for what you are using it for. Each time you come back in, you establish a pattern to USCIS and ultimately someone will pick that up and use it against you. The Embassy in London will also know what you are doing by way of VWP too. If you intend doing VWP until you get your E2 visa might I suggest you have a plan B for you business just in case you are denied entry.
Some folks apply for a B2 Visa first, come over, then chage status internally to E2 (makes you landlocked, but you can work legally) until their application is successful in London.
I also agree with previous comments made as to why you were persuaded to buy the business before you'd got the E2 approval. Very risky.

[Emmalee25]

Hiya Chris,
we were given the 3rd degree at orlando international in March, it was scary time and we assumed we would be sent back, we were told that we would not get re-entry to USA again after we left until we had been back in the UK for 6 months OR had a visa for entry, we were also told that our file had been 'marked' accordingley and would be flagged on re-entry.
Well, after returning to the Uk in JuNe for our visa, we had to return after 5 weeks as the visa had been delayed AGAIN (sigh) we came through, and were asked no questions regarding previous entry, we came thru unscathed this time. My visa lawyer has said the the embassy dont know how you have used the visa waiver (dont know if this is true or not) unless they choose to look into it. Obviously the so called flags or markers put on our files, dissapeared or were never there in the first place. We have to leave again on October 18th, hopefully for the visa, if not! i dont know what we will do. I wanted to go for a B visa in the first place and then transfer to E2, but was advised against this as a huge amount of brits (some that i know) were all denied B visa's at one time!!!
Im just confused about it all now, we have friends who have done the same thing and are travelling back and forth on the visa waiver system too until the E2 is decided. I think the information available to brits wanting to make the move is very one sided and pro-move, you dont realise the pit falls until you have done it!
Also, i was talking with a business owner the other day and he said there is no way that most businesses could hold on for 6/9/12 months while an E2 came thru! its either buy first or not at all at the moment if you ask me!

Em x

[Susie]

Hi Chris

Beggers belief, does'nt it?


I would advise Em not to even bother trying to apply for a B visa. It is my opinion that she will be denied

Once they know that her parents are green card holders she will be denied like my son as she will not be able to prove strong family ties to the UK

Sec 214 of INA states

# Every applicant shall be deemed an immigrant until such times they prove to the consular Officers satisfaction they are not#

In other words guilty till proven innocent

I have a strong feeling that the B visa loop hole will be looked and closed very soon or anyone who comes on B visa and puts E application in would have their cases looked at indepth

[Susie]

Hi Em

Are both your parents LPR or is one a USC ?

You may wish to read this, as it may apply to your senario





How Do I Bring My Child, Son or Daughter to Live in the United States?
This information is for United Stated (U.S.) citizens and lawful permanent residents who wish to bring their child(ren) to live permanently in the U.S. Please note: If you are in the U.S. and considering adopting an orphan from another country, you should refer to How Do I Apply to Bring a Foreign-Born Orphan to the U.S.?

Definition of a Child
Definition of a Son or Daughter
Overview of Immigration Process
What Does the Law Say?
Who Is Eligible to be a Sponsor?
How Do I File the Petition?
How Can I Check the Status of My Visa Petition?
Can Anyone Help Me?
Frequently Asked Questions (FAQ’s)
Information for Your Alien Relative

Note: Information concerning the new K visa (advance admission for the spouse and children of a U.S. citizen) and new V visa (advance admission for the spouse and the minor children of a lawful permanent resident) nonimmigrant categories is available from the Legal Immigration Family Equity (LIFE) Act page.

Definition of a Child
The immigration law defines a “child” as an unmarried person under the age of 21 (a minor) who is

A child born to parents who are married to each other (born in wedlock)
A stepchild if the marriage creating the steprelationship took place before the child reached the age of 18
A child born out of wedlock (the parents were not married at the time the child was born). Note: If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied.
An adopted child if the child was adopted before the age of 16 and has lived with the adoptive parent(s) in their legal custody for at least two years
An orphan under the age of 16 when an adoptive or prospective adoptive parent files a visa petition on his or her behalf, who has been adopted abroad by a U.S. citizen or is coming to the U.S. for adoption by a U.S. citizen, or
A child adopted who is under the age of 18 and the natural sibling of an orphan or adopted child under the age of 16, if adopted with or after the sibling. The child must also otherwise fit the definition of orphan or adopted child
Back to Top

Definition of a Son or Daughter
An unmarried “son or daughter” is a person who was once a “child” but who is now 21 years of age or older. A “married son or daughter” is a person who has a recognized parent-child relationship, but who is also married, regardless of age.

Back to Top

Overview of Immigration Process
A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your child or son or daughter to become a legal immigrant.

You must obtain USCIS approval of an immigrant visa petition that you file for your child, son or daughter.
The State Department must then give your son or daughter an immigrant visa number, even if he or she is already in the United States. If you are a U.S. citizen and the child is both under 21 years of age and unmarried, a visa number is not required.
If your child or son or daughter is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa when one becomes available. If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.
For an excellent overview of immigration, please see the chapter and tables on immigrants in the Immigration Statistical Yearbook. For more information on immigrant visa numbers, please see How Do I Get an Immigrant Visa Number?

Back to Top

What Does the Law Say?
The Immigration and Nationality Act is the law that governs the admission of all immigrants to the United States. For the part of the law concerning immigrant status for children, sons, and daughters, please see INA § 202, INA § 203 and INA § 204. The specific eligibility requirements and procedures for qualifying for immigrant visas and permanent residence are included in the Code of Federal Regulations (CFR) at 8 CFR § 204.1, 8 CFR § 204.2, 8 CFR § 204.3 , and 8 CFR § 245.

Back to Top

Who is Eligible to Be a Sponsor?
A U.S. citizen may petition for:

A child (unmarried and under 21 years of age)
An unmarried son or daughter ( 21 years of age and older)
A married son or daughter of any age
A U.S. citizen’s unmarried, minor child is considered an immediate relative, does not need a visa number, and is eligible to receive an immigrant visa immediately. Otherwise, sons and daughters of U.S. citizens will be eligible for a visa when their priority date is listed on the Department of State’s Visa Bulletin .

If your unmarried, minor child was admitted or paroled into the U.S., he or she may file the Form I-485, Application to Register for Permanent Residence or Adjust Status, at the time you file your Form I-130, Petition for Alien Relative.

If your unmarried, minor child has children, see the petitioning section on beneficiaries.

A lawful permanent resident may petition for:

A child (unmarried and under 21 years of age)
An unmarried son or daughter ( 21 years of age and older)
A lawful permanent resident may not petition for a married son or daughter.
If you had children before you became a permanent resident and you did not immigrate as an immediate relative of a U.S. citizen, your unmarried, minor children may be eligible to receive following-to-join benefits. This means that you do not have to submit a separate USCIS Form I-130 (Petition for Alien Relative) for your children, and your children will not have to wait any extra time for a visa number to become available. See the Petitioning Procedures for more information on following-to-join benefits. Otherwise, children of LPRs will be eligible for a visa when their priority date is listed on the Department of State Visa Bulletin.

[Emmalee25]

Actually,
while i have all your attention!!! sorry i seem to be monopolising the board since i arrived :0)
Green card!!!! My parents have it and want to sponsor me, husband and 3 year old son (almost) current time scales are showing as 4 years! Once the application is in can we stay in the USA (if we didnt get the E2) or do we stay in the UK until its processed and ready! just trying to think of plan B if this Bl**dy E2 gets denied!

Thanks
Em x

[Emmalee25]

Hi Sue,
we must have posted at the same time :0)
my mum and dad are just card holders, only had it for a few months, they will take citizenship as soon as they can, (think its 5 years isnt it) but we were told they could sponsor as card holders before they take citizenship!!! is that true??
Em x

[Emmalee25]

Scrap last post, just got this from my visa lawyer!
Em, x



Emma,

As lawful permanent residents, your parents cannot file for you as there is no category for "married sons or daughters of lawful permanent residents." Once they are US citizens you and your family would be considered "thrid preference: married sons or daughters of a US Citizen." there is a current visa backlog on this and other immigrant visa categories so I cannot guess the delay in the future or even if there will be a delay.

[punky]

Hi all,
sorry, just been having a surf around and didnt know where to put this, so its in here now ;)
We are having a nightmare with our E2 visa,

As it is a E2 issue, I have put it the temporary visa section (as it technically is).

Regarding your issue... I'd be very careful about pushing your visa waiver status. If they think you are mis-using it, they will deny you entry. This is very serious and will have negative implications on future immigration matters, as has been mentioned.

Best of luck with your case though. Your lawyer seems on the ball, which is good.

[Susie]

Hi Em

We must have been typing at the same time, he he

No problem about you monopolising this board, very interesting for those people who may wish to follow in your footsteps in the future.

That is what this and other forums are about to share knowledge , idea's and have some fun at the same time

In answer to your question, Yes you have to be a LPR for 5 years bsfore applying to become a USC

You have to be a bit careful though. The USCIS deduct all leaves of absence from the USA. so if you only spend 6 months of the year in the USA and 6 months abroad every year it will be 10 years !!! before you can apply to become a USC

The other important thing to bear in mind is if (LPR) returns to home country for an extended stay they must apply for a re entry permit and get approval before leaving the USA

Failure to do so could mean your green card is taken from you

[chris]

It would appear that E2 is the only way forward in your case. You could grow old gracefully on the sponsorship side.
As has been said before tread very, very carefully on the VWP issue. You don't want to burn your bridges. Both USCIS and State are so unpredictable these days and rules seem to have gone by the way side, its very much personal interpretation these days by officials and they have the whip hand.
I think we all hope for success for every single E2 applicant and I trust that when you get it you will join the bandwagon to try and bring about change for the E's and L's (more E's as they have a harder time)

[Emmalee25]

Hiya Chris,
Once I am an official E girl i will most definiately do anything in my power to help others over, the whole thing has been a farce so far that i would not wish on anyone

Em x

[InnVic]

I do wish you luck with your visa but something does concern me. We all know that E2 route is flawed - but it is the only route available to most of us. It is obvious from your postings that your intention is of "permanent residence" and this is not what E2 visas are for. I would suspect that many of the problems with delays at London are because they are trying to weed out people who are trying to "use" the system as an expedited route to the US. Believe me I can sympathise with your situation - we're all in the same boat. But we accepted very early on that if we wanted to live in the US we had to "play the game", as one sided as it is.. I think until the system changes I'd be very careful who I told (or where I posted) of intentions to try and buck the system. Big brother could very well be watching us!

[chris]

Big brother could very well be watching us!

Could this be Punky?

I take the point about the permanent residence, but exactly what is the definition of temporary as against permanent?
The non-immigrant visa allows you to come in do what you say youre' going to do and leave when you're finished. How long is that? It could be like painting the Forth Bridge - takes forever!
I think all it does overall is highlight yet again the inadequacies of the broken immigration system. E2 of all the visa's is the most flawed. You create a business, create permanent jobs and what do you get as a reward - diddly squat on permancy and your kids get told to leave at 21 jst for the good measure!

What do you think Big Brother?

[mark]

Hi Em

It appears that once your parents become USC they can petition for you as married child over 21 years

Lets hope you E visa gets approved quickly, then once your parents are LPR five years later they can sponcer you for LPR

Please keep us updated

[Ray10]

So 5 years until they get citizenship ...... then at the current levels another 8 years after application to get the GC... and by that time that will be over 10 years...I don;t think the powers are going to worry about a maybe in 15 years time ..

[Emmalee25]

Hi all,
Mark is right, im not trying to play the system, im following the E2 rules to the book so far! the reason we have used the VWS so much is because of business trips in the Uk, there is a loophole in the E 2 paperwork and i have a legal letter to the affect, ill post the law if anyone is interested, i found it in some jargon i was reading, basically the rule over rides the VW limit, i can still only stay for 90days at a time BUT as my E2 has been delayed passed my receipt date from the Embassy I can travel to the place of the business if i can prove i am moving on for business in another state! i am always in and out of state, Vegas for a trade show, Chicago for another and then Virginia for an Expo, attneding these events is paramount to the success of my business. I have a letter to get me thru immigration at the airport should it be needed.
Also, as you say, its going to be an age until my parents can sponsor me as citizens and with me being 3rd preference another age for that!
so we are basically going for E2 and then many years later will see if we can get CG!

CONFUSED?>???????? You Will Be!!!!!
Em x

[Emmalee25]

Oooops meant to say business trips in the USA not UK
!!

[InnVic]

So 5 years until they get citizenship ...... then at the current levels another 8 years after application to get the GC... and by that time that will be over 10 years...I don;t think the powers are going to worry about a maybe in 15 years time ..


Its about "intention". Em would apply for permenant residence tomorrow if it were available. Don't get me wrong, contemplating our E2 renewal next March after reading the horror stories here would even make me consider PR if I thought it an option - but I don't envisage "making old bones" in the US. If the E2 processing experience was more humane then people may not feel the need to find ways round the system.

[Grumpy]

Its about "intention". Em would apply for permenant residence tomorrow if it were available. Don't get me wrong, contemplating our E2 renewal next March after reading the horror stories here would even make me consider PR if I thought it an option - but I don't envisage "making old bones" in the US. If the E2 processing experience was more humane then people may not feel the need to find ways round the system.


Hi

I agree, this E visa lark is such a farce, we give our money, pay our taxes grow old employing xx number of USC

All for what, nothing but grief from the immigration officials.

Hopefully this could change and why there is a need for a good site like this one

[InnVic]

Hi

I agree, this E visa lark is such a farce, we give our money, pay our taxes grow old employing xx number of USC

All for what, nothing but grief from the immigration officials.

Hopefully this could change and why there is a need for a good site like this one

I'd like to think our businesses in the US were for more than that. I see it as an opportunity to experience a different way of life. To work to invest for our future in a country that seems to support entepreneurs. If we comply with the terms of the visa then our businesses will be "more than marginal" so hopefuly we are making a reasonable living. I ran a business in the UK - I paid more tax, I hated the weather, I hated the traffic, I hated the fact that it seemed anyone could walk into our country with their hands out and be given a whole gambit of benefits often to the detriment of those who actually paid taxes.

The US and its visa restrictions s not an easy option - but just being here is better than the alternative! Hopefully in time the system will become less flawed and a lot less stressful for investors.

[InnVic]

Emma, Just in case Big brother is watching - I'd consider removing the link on your profile to your home page/company website....you know the one where it says you immigrated to the US in 2005 and your working with your Mum......

[Emmalee25]

Hiya,
Thanks Innvic, will do, didnt know i was in Big Brother!!! is there a cash prize!!
Emx

[punky]

Hiya,
Thanks Innvic, will do, didnt know i was in Big Brother!!! is there a cash prize!!
Emx

Lol.

Its probably a long shot, but its not hard to work out who people are... So you are better off being safe than sorry. Especially where the US government is concerned.

[InnVic]

Emma - In one of your posts you said that the application had been accepted (that it wouldn't be sent back for more information) Who says? Ours was sent back for information on the day we were expecting adjudication. Luckily it was a simple ommission ( by our very expensive so called professional VA who "forgot" to put photocopies of our passports in!) but it still delayed the process.
This situation does concern me....
If your attorney is telling you that they will not ask for more information, and telling you that its okay to come and go on visa waiver whilst operating your business in the US I would be very worried. I would suspect that going into partnership with your Mum in the US would send up reg flags regarding "ties to the UK". I'm not being hateful I'm just being realistic. We were told that we shouldn't travel whilst our application was going through. That we had to be in the UK. That we had to be able to demonstrate ties to the UK and demonstrate willingness to leave the US when our visa expired. We had to demonstrate where every penny of our 'substantial' investment (their words not mine) came from (sale of house, cars, liquidation of investments etc.) Our prior business experience and a whole gambit of stuff - all of which they check out. I'm just saying that until you have had your application approved (and you'll get a letter from them to say so) don't rely on it going through on a nod. If your prepared for worst case scenario and it actually does come good then your ahead of the game.

[Emmalee25]

Hiya Innvic,
I know, ive been given a mesh of info by so many people, Ill just clear up a few things, coz i may have babbled a bit! i havent gone into business with my mum, its soley my biz and i employ my mum, thats not on any paperwork, she is a GC employee thats all! I have proved irrevocable ties to the UK as all my husbands family are there aswell as my 'real' dad and grandparents, we have a house in the UK that is rented out and bank accounts that are still active with rent incomes etc.
The embassy themselves told us that they hasd moved the application to the next stage as all the info was present and correct, they only told us this coz my Visa lawyer was hounding them for info sue to the delay.
To be honest i dont know anyone who has stayed in the UK while the E2 has been going thru, I know many brits on E2 and each one bought the biz before the application went in and then travelled back and forth during adjudication processes!
I am expecting the worst unfortunately, alwasy do, its just me! if it is the worst then we will either sell the biz or my mum will take over and 'buy' it from me! we will turf out tenants in UK and i'll go back to my Job as a Store manager for NEXT!
sigh!!! at the moment that seems like a good idea!!!!!
Em x

[Emmalee25]

Due to the delay NOT sue to the delay!!

[InnVic]

It must just be me then :-) We were so paranoid of compromising any of the visa requirements that we stuck to it ridgidly. We were in the UK whilst the visa was processed, we'd sold our home and had every penny turned into dollars, wired over here and and escrowed whilst we waited....and waited. I guess that we didn't have any experience of the process and here in VT there is not a support network to swap experiences with.
I hope you hear the news you need to hear very soon.

[Jax]

Hi InnVic
We were the same as you stayed in the Uk untill our E2 visa came through,Sold our house,car and anything else that we could sell and turn into dollars all put into a escrow account
I hope all goes well for Emmalee25 but i needed to do all by the book or how our visa specialist told us. Visa ok no problem.But now we have renewal!!!!!

[InnVic]

Yup - us too...I think your renewal is at the same time as ours from memory (early next year) and we're doing it without an attorney :eek:
I've already started asking for letters of support, we've only got a part time employee (one day a week) but should be able to demonstrate economic benefit to the local community.

[Emmalee25]

Hiya,
you see how it changes, we were told not to sell our house as we had to prove an address in the UK, we didnt have to put any money in escrow as we bought the biz cash! but we have shown a track of the money through the accounts and to the person we bought the biz from!
we were told we needed at least 2 US employees and were benefitting the local area! which we are by running a very succesful fundraiser for local schools!
every time i look up info on the internet or read up on stuff it all contradicts itself or changes!!!! has it always been like this or is it a recent problem?
Em x

[Jax]

Hi
We were told we needed at least 2 US employees and at the moment we have 14 working for us so we are hoping renewal will be ok.We have been here just over 2 years and we followed what our visa specialist advised us to do.
Jackie

[InnVic]

To the best of my knowledge the "rules" haven't changed - the intepretation by attorneys does change though. Some are more likely to tell you what you want to hear. I am still baffled how you can own and work in a business in the US without having your visa approved yet. What did you do about Social Security numbers, Employer identification numbers, bank accounts and credit card merchant accounts for the business (we had a heck of a job until we got our SS number) Even things like getting electricity and telephone took alot of persuation (and deposits) before we got this sorted. You are fortunate to be able to buy the business for cash without having to sell your home in the UK. Because of the "substantial" investment needed we had no option. The ONLY place I trust for E2 information is the US Government immigration website. Don't believe anything else.

[InnVic]

Hi Jax
UCIS website states that you have to create employment or economic benefit. No specification - I guess its like the definition of "substantial" investment. We could not justify 2 full time employees but indirectly we are able to demonstrate creating local jobs. Because of our circumstances any increase in our business has a substantial knock on effect for others (shops restaurants, painters, plumbers grocery etc..) We only have a part time housekeeper at the mo (though this should change to full time once we've grown a little more)......but I guess we'll find out if the powers that be accept this next March.

[Jax]

Hi InnVic
We were told the same re investment and again we were not in the postion to have that amount of cash.I agree i think you need to follow the advice from the US Government website.We are using an attorney for our renewal but it is one that has been used by many friends,I will let you know how we go!!!!!!!

[Emmalee25]

Hi InnVic,
we had no probs getting the telephone line, bills, merchant account etc as we set up an UK based LLC, the LLC owns our business, I own the LLC, thats the best way to go, it gives enough distance from the business to enable you to handle things thru the UK. Our credit rating etc is thru experian in the UK and the USA, because our LLC (or LTD in the UK) is the one who is at risk it takes the UK benefits with it! It took us a while to find all this out really and then our visa attorney set it up for free for us (well, i say free, within the price we had already agreed). Its worked well so far, only prob is U.S credit cards, thats a no no as we arent legally alowed here, but bank account/overdraft etc has all been approved!
Im starting to think its all interpretation! and thats the prob. The interpretation differs from applicant to applicant, lawyer to lawyer and immigration official to immigration official!

Em x

[Sharon]

Hi InnVic,
The interpretation differs from applicant to applicant, lawyer to lawyer and immigration official to immigration official!

Em x

Hi Em,

Not forgetting, also differs from

The DOS, NVC, USCIS, American Embassy,

Oh and the port of entry officer


And providing there is an R in the month, the winds in the east etc., and they are not having a bad hair , day !! He, he :)

[InnVic]

<<<we set up an UK based LLC>>>

...But E2's are only given for US based businesses.

If you have a UK company isn't the visa you need the L1?

[Emmalee25]

Hiya,
the LLc is seperate, we set the LLC up while in the UK, our LTD exists but owns nothing!!!!

Emma x

[Emmalee25]

Sharon,
LOL i totally agree with you there, no continuety at all, anywhere, I personally think the world has gone MAD!
Em x

[JulieC]

Sorry to hear your problems with E2. This is becoming increasingly common and I have to say we know someone who did the same as you who then got denied unfortunately and lost their business. Have you looked at Plan B?? If mum is here helping run the business, and you have an associated company in the UK, could you not set up something similar in the UK and run it for a year and get mum to run the one here and try for L1?? I do hope you get your E2 but you will get all this again in two years on renewal and then again and as someone has said years till you can get the green card by sponsorship. So some lateral thinking of other options may be in order. You are in a better situation than most as you have someone here to run the business that you trust.

If you try and get in on visa waiver again and are denied and deported. it will not help you at all in either your quest for your E2 or for ultimate permanent residence by family sponsorship.

[InnVic]

now you have me confused!:eek:

[Emmalee25]

Hiya,
we have a plan B and a plan C! emailed my visa lawyer today who is making enquiries as we are in our 27th week!!!!

Fingers crossed
Em x