E visa holders

[Susie]

Hi

I wondered if anyone here on E visa or is in the process were given advise as to whether they (husband and wife) should jointly purchase so that if either party passes away the spouse could remain in the USA .

If so, was this given by a cpa, immigration consultant, immigration attorney or business broker? Did cpa advise that should a person die that anything that is registered or recorded to an individual would be subject to tax?

As consumers we are sometimes left with problems due to insuffient, confusing and dare I say bad advise.

I would like to do a poll, (sorry do not know how- have to ask Punky or webmaster)

In the meantime, could any E visa holders give an indication of level of service and advise they received.

[charliesmum]

Susie

With E visas there are pros and cons for either way.

We actually own our business jointly, as we do nearly everything (house etc)

I can't remember if we asked for that or whether our VC asked us which way we wanted things.

So, if anything should happen to either of you, the other would still own the business and be able to stay here and carry on trading. In this way each of you can only work for your company.

On the other hand, I have heard of some E visa people, who have had an owner and dependant visa, where the dependant has got a job and managed to get sponsored by their compnay for a green card. With them though, you would have a tax situation and the 'dependant' would not be covered by the visa and have to leave if the E2 owner was not around - even with divorce.

Zoe

[Grumpy]

Hi Zoe

So if I understand, this is possible


E dependant gets job offer in USA. The employer decides to sponcer E dependant for I 140 and green card and approved.

So would their partner be able to change from E visa to green card as a dependant of partner who got sponsered for green card?

[charliesmum]

I have friends that are going through this at the moment.

I don't want everyone to think that this is an easy way to get a Green Card and do it on my say so, but with some employers I think it can be an option.

I assume the Green Card holder would have to become a citizen and then sponsor the others - I must admit I'm not sure about that.

When my friends have actually got their Green Cards I can tell you more, but I don't know how long it will take.

I just wanted to point out that the joint visa is not always the best way to go.

Zoe

[Emmalee25]

Hi,
we were advised to do the E2 seperate, by our VA, i am the E2 applicant my husband and son are my dependants, Hubby has a job offer dependant upon us being granted the E2, this means we can support each other.
cons are that if anything happens to me hubby and son have 30days to leave the country, i understand they can inherity the biz but not the visa status. we werent advised of this at the time, and to be quite honest it didnt occur to us either :( oops!
Em x

[JulieC]

I think the E2 spouse and the children could go on the 1-140 as dependants but this as its risks as the E visa holder would then lose his E2 status and there could be problems if the 1-140 were not to be approved. I dont think you could be both as unlike L1, E2 is not a visa of dual intent but that is a question for an attorney. Plus in most cases there will be a need for labor certification first so it is a long haul. But possible. A lot of younger people are going that route as they probably feel that the chance of getting a green card and also the contribution working independantly can make to the family finances outweighs the chances of the E holder dying.

[mark]

Hi

This sounds a good way of getting a green card.

I was very lucky the VA in London told us the best way was to get L inter company visa and how I got mine

As I was single and no dependants my L visa went through in 3 months from the start to getting on the plane and green card took 8 months from filing the I 140 and I 485

[victoria]

Slightly different situation here as already had my own visa so didn't want to be on the E visa but was very clearly told although I could apply to be a dependant in the future if I wanted to the E visa would never be mine.

We could go the Green Card route - but from what I was told here & thinking about it more how is the E2 holder able to say that they only have a temp intention to stay when their spouse is applying for a greencard & intending to sponsor them. Even with the new fast track Green Cards I'm guessing you'd come up for a visa renewal in the sponsorship process unless you were approved on your E for 5 years.

[Kriz1]

It seems a good idea if you are both young and one of you have a talent that could get you sponsered for green card...no so sure if I could live with the worry if I were older...where both owning the company would make me feel safer...

[Jax]

We are an older couple with no children and we were advised by our visa specalist to have joint E2 visa,s