Friday

[Emmalee25]

Hi all,
I am meeting with my Va tommorow morning regarding prep for my 221G, Now he is really annoyed with the whole process as he has been very succesful with E2 applications in the past and cant believe how flawed the whole process has become.
I just wanted to ask you all if there is anything you would like me to ask him?
I can ask him anything, he's a nice guy, any questions?????
Em x

[Susie]

Hi Em

If he is preparing for a 221g does this mean he knows that the embassy want further evidence ?

Or do you mean he suspects you will be denied ?


Ask him what you should say and not say .


If it were me at the interview I would only answer briefly as possible , yes mam, no mam, almost three bags full mam !

I would not volenteer any information. If they need more info they will ask you


Ask him if he can be on standby and be prepared to take a call from you at time of interview just incase the embassy something you are not sure of

Is you attorney in the UK or US ? If he is based in the UK can he attend interview?

[Grumpy]

Hi Em,

Only joking but why not faint and fall at the interview.

They will rush around you, get you water, and be worried you will sue them. So just hand your passport back with a stamp !


On a serious note,

I would recommend attending like a business woman and businessman. Where suits, take a briefcase even if you only carry a mobile phone and a sarny !

At least this way you will look the part and must be better than dressing in smart casual.

Appearance's should not count I know but more often than not they do

[InnVic]

Grumpy is right - presentation is important. But you need to know what they are questioning in your application. There must be one aspect that you think could cause concern (be honest!) Although I can understand Susie saying not to give stuff away - if you know what they are looking for and you can answer to their satisfaction I would offer the information. I'm all for preempting objections. Don't give them any oportunity to say no. Have all your ducks lined up. If you attorney does not have information from the Embassy though then I can't see the benefit from the meeting. Go over each of the salient points.
Is your investment substantial?
Is your investment more than marginal?
Are you in a position to develop and direct operation?
Do you intend to depart the US when the E-2 status terminates?

I also would try not to contact your attorney from the interview -unless of course it is to reference a point of law. It could appear your trying to hide behind him - you are the one in the best position to give information regarding your business.

[Emmalee25]

Hi.
I think i like the idea of fainting best :rolleyes:
My VA doesnt know what they want yet, the embassy said that when they have a 221G availability they will call for us and write to my VA regarding the info, I am meeting with him tommorow to start sorting stuff out! My investment was more than marginal, The business is running well, im not an ex bank robber, we have income from the UK in the form of our house being let out etc etc etc.
I think they are going to question the fact that I have had a visa before (J1 when i was a student) and also my parents are here with a green card so do we have intent to stay?
My VA said there is no real way to prove the answeres to this: Yes i had a J1 stayed for a year and went home when i was 20/21years old! Yes my mum and step dad have a GC BUT my real dad, nan, aunts and uncles, cousins etc and ALL my hubby's family live in the UK, so we most definiately have ties!
My VA said we just need to look the part and have more financials (ie recent ones) and future plans for the biz!
Its all so confusing..........Does anyone even know why we go thru all this sh**???????
Em xx
(will now go and practice a good fake faint)

[JulieC]

Could be. I have been told that if my son goes to the embassy for an F1 interview, the fact his mom and dad are in the US may adversely affect him even though he has a brother and sister still in the UK, not to mention aunts, uncles, Grandad etc.

[JulieC]

Could be. I have been told that if my son goes to the embassy for an F1 interview, the fact his mom and dad are in the US may adversely affect him even though he has a brother and sister still in the UK, not to mention aunts, uncles, Grandad etc.

[victoria]

Given your personal circs (your mum etc & the world of scrapboking) I think it would be good to tell them that actually you dont intend to stay, that the scrapbooking industry suppliers etc are mature in the US and not yet ripe in the UK but that you hope by effectively practisiing in the US that when the tme comes you will be armed to take the UK market by storm with the US supplliers and contacts you have made behind you. - esp given arent E visa pple supposed to be enhancing trade between our two countries Assuming that this is of course the case.... it is in ours - I can't wait to go back to the UK - but obviously on my terms!!

[Susie]

Hi Em

Just a thought

In your business expansion plan could you say something like, once you have established in the USA you would intend to open a UK parent campany ?

This way it will look as though you will definatley have ties to the UK, strong financial ones

[Emmalee25]

Good ideas about 'planning' to open a store in the UK, will defo put that in my new plan, apparently, after meeting with my VA this morning, the main problem is that my application has gone 'Stale' due to their delay, they need it refreshing and updating....Not a prob at all really, we have up to date figs and can show we have already worked toward our biz plan by setting up the webbie and securing a new lease in a better demographics area!

Thanks alot for the UK partner company idea, may wash!!!
Em x

[InnVic]

Just be careful in case they think your setting up the UK company to do an intercompany transfer - leading to GC...would screw with the intent to leave the US argument.

[Susie]

Good point Inn vic

Never even thought of that angle

[InnVic]

I always believe that if you try to lie to these officials you will get caught out. If you believe your application is 'ticking all the boxes" (honestly) then be honest. I'm sure its only when they suspect that someone is trying to pull the wool over their eyes they would deny the application without giving you a chance. I have said this before but when I was a magistrate in the UK I always knew when I was being lied to - you see dozens of "clients" a day and you've heard all the excuses and can spot a "porkie" a mile off. Remember the Immigration guys are the same - if you try to make up a story they'll catch you out. Instead of fabricating something just make sure you can do a strong job proving to them why you should be given the visa based on fact.

[Grumpy]

Inn Vic is right never lie

Be guided by your accountant and visa attorney.


But I think you should have an excellent 5 year business expansion plan. It is only a plan it can be made to look very glossy indeed. Bit like a cash flow forecast. this is just numbers on paper so not set in stone


To make this look better get a cpa to write it up. Just because you have a fantastic plan does not mean you have to carry the plan out.

They do not hold you to it so it in theory is ok, but as we all know sometimes even the very best plans are sometimes better left alone or laid to rest

It seems you VA is not too worried by the 221g, lets hope it goes well

[InnVic]

Inn Vic is right never lie

Be guided by your accountant and visa attorney.


But I think you should have an excellent 5 year business expansion plan. It is only a plan it can be made to look very glossy indeed. Bit like a cash flow forecast. this is just numbers on paper so not set in stone


To make this look better get a cpa to write it up. Just because you have a fantastic plan does not mean you have to carry the plan out.

They do not hold you to it so it in theory is ok, but as we all know sometimes even the very best plans are sometimes better left alone or laid to rest

It seems you VA is not too worried by the 221g, lets hope it goes well

All I would say regarding above is that if you have a great plan and don't plan to follow it up then you're in for a sticky time come renewal in two years. I know that today that may seem like a long time away - but we've been here 18 months now and its just flown. Luckily we've done everything in our original business plan and then some. I figure since they approved us based on the plan in the first place they will have trouble justifying a denial since we've done everything we said we'd do.
One other point - things that are too polished, slick or liberally sprinkled with "legalese" smack of trying to baffle. (another ex magistrate tip) You can prepare a well presented plan yourself with business projections and if possible data from the industry (or similar) showing comparable expansion figures. Make it clear and easy to read - and be VERY enthusiastic about it and your business when your with them. I always figured if you had to pay a professional to do the presentation for you then either you were incapable (not good for a prospective entepreneur) or trying to hide something.

[Emmalee25]

Innvic is right,
My VA said they are holding E2 renewals to the letter on their business plans now, If you havent achieved what you said you wanted to then they want to know 'WHY'? So it has to be an achievable biz plan. The plan of opening in the UK in the future is an idea I am playing with though! Do I actually intend to grow old in the USA? I really dont know now!
Em x

[ChrisG]

Hi Em,
I was called for interview under 221g in March by the wonderful Meg!!!
I was denied the visa, in her words I could not prove I owned the business despite having all my closing documents, business bank statements etc etc.
She had made a basic error all through my application regarding dates (US vs UK format) and said the paperwork did not follow (it did and was confirmed twice by an attorney etc). Anyway to cut a long story short I could not prove the money had been paid into my sellers account and she wanted a bank statement from the seller showing the money going into his account.
My VA had never heard of this before and the closing attorney had never before been asked for a cleared check and in fact was quite annoyed.
I have all these now and have everything resubmitted again, only of course to be told applications are now taking 24+ weeks.
SO I would suggest taking a copy of the cleared check and Sellers bank statement if possible along with everything else.
Hope it works better for you than it did for me.

[Sharon]

Hello Chris G

Your situation really does suck. Why on earth should you have to go to the back of the queue?


I heard that the famous Meg had gone so hopefully the embassy is now getting the message we are not happy bunnies and neither are the sellers either.

By the time they reach your file it the paperwork will be 6 months old and out of date, so what happens then?

[Emmalee25]

Hi Sharon,
Thats what has happened to my file, it is 6 months old and in their words "Stale" so, due to no fault of mine, because of THEIR delays I have to bring everything up to date, pay more money to my accountant to get a projection of figs for 2006, update my biz plan to reflect changes and future plans, add more up to date info regarding the work we do with schools etc, and then hope we have everything when we get called for the 221G.
Chris.....When you went for the 221G what happened, I am scared to death, like facing the headmaster back in school, would help to know what it was like for you....no holes barred please, I need to know the truth!
Thanks
Em x x

[InnVic]

Do I actually intend to grow old in the USA? I really dont know now!
Em x
...You're only 29...you'll never grow old :-)

(although I suspect youve gained a few grey hairs over the past 26 weeks!)

[Emmalee25]

Thanks Innvic.....yes a few grey hairs may have appeared.....prob is I suffer from Lupus :( and stress is not a good thing, so been having painful flairs left right and center......maybe I could sue!!!!!! Hmmmmmmmmmmmmm
Hehe
Em x

[charliesmum]

I have heard a rumour that Meg will be back - hopefully though the other guy will be staying on so there will be more staff.
Zoe

[JulieC]

Double the trouble, oh joy!!

[victoria]

Hi Em - how did it go with your VA? Is he now pretty convinced that the reason that you're up for a 221g is because your application is stale and that's it (pain in the neck but nicer than the alternatives). Our Attorney chased London & Washington last week but so far complete silence. Fear that our application will be deemed equally 'stale' - if they do this to everyone they'll never catch up with the back log.

[Emmalee25]

Hi Victoria,
Yes my VA has looked thru my file and cannot see any negatives, he is amazed that we are not just being accepted, he says the file is now stale as its over 6months old (due to them) and so we are doing everything to bring it up to date and fresh, I have a conference call with him tommorow at 4pm, as he says he has details now......does this mean the embassy have contacted him re my 221G??????????
I'll let you know
Em x

[victoria]

let's hope he has heard - it's killing me never mind you!

[InnVic]

But surely as EVERYONE is having their applications take 26 weeks or so they can't be 221g interviewing every application because by defination they're ALL stale?

Check the application yourself...the last thing ANY attorney will do is admit they've made a mistake. If he's screwed up he's not going to tell you. There has to be something other than just an old file. I'm not trying to be cruel - but you have to go into this with your eyes open. Your attorney is not doing you any favors if he's saying its routine.

[InnVic]

......it may be the number of trips to USA on VWP...your attorney should have pointed this out and had you prepare argument for this.

[victoria]

I agree with InnatVic that you really ought to talk to your Att about this (the VWP Program). Our Attorney told my husband to come in as infrequently as possible notwithstanding I am here legally working & our daughter is American to avoid them being able to imply that you are working, even when you're not. I know that you have told us what you're doing (not working, not being paid, simply overseeing etc) but you should just double check with him that he's had clients in the past who did this & weren't called on it. Better to be prepared than blindsided.

That said, 6 mos is an awful long time & a lot of businesses & business plans will have changed & need updating so I would be suprised if most pple aren't asked to provide updated info.

[Emmalee25]

Hi Victoria,
My VA said he has never had anyone reffered for more info before, especially for a 221G....I dont know if this is true, he said that I should not be penelised (sp?) for using my VWP as the delays are at the fault of the embassy...but he is going to check with them. He has given me a copy of my HUGE file and asked me to look at it AGAIN and see if i think he has missed anything and also to provide updated docs etc.....
The prob is we ticked every single E2 box on the form.....I dont know WHY we have been called in....unless its because of my previous visa and my folks have GC......looks like I love it here and have intent i s'pose...will let you know how my conference call goes tomorow.
Em x