Any success stories from B-2 to E-2?

[Craney]

Are there any people out there who have gone to the US on a B-2, changed status, and then applied to the London Embassy for an E-2 and been approved?
I am guessing that there are plenty, but we just don't hear of them. I ask this question as I heard this week of a visa specialist (Not sure if they were an attorney or not) whose advice to Brits trying to relocate was to go out on a B-2, and then just stay out there. Obviously only having a change of status leaves you landlocked as has been stated on previous threads. It seems that they have no faith that anyone would get approved in London. I don't know how this is really feasible, when most who make the move either leave some family behind or already have kids who they would surely, at some stage, wish to take to their birthplace.

I suspect that it all depends on the strength of the business bought, the quality of the VS or VA submitting the papers and the applicants own skills, abilities and business plan.
This seemed like ridiculous advice, but I guess it would suit some people and save the VS some time and paperwork!

[peter gold]

No don't do it. NEVER
No attorney who is a specialist in immigration law would advise this and the people I am aware of who have gone this route are facing a very difficult interview when they go to London for their E2 interview.Just putting of the inevitable
The 2 visas are incompatible.Whoever is advising this is without legal immigration expertise and trying to line his pocket with the commissions from a sale.
If you cannot wait the months ( whatever they are now are will be) for an E2 visa and are very confident about the business then buy it not subject to an E2 (demonstrating to the Consul substantial committment and incresaing yor chances of getting an E2 ) and take the gamble. In this game you need strong nerves.
If I was the would be buyer I would wait until the New Year and defer my move and see if the Consul does speed up the visa process as promised. When it use to take six weeks to get a visa we had none of these problems

[DEE F]

Hi Craney,I agree with peter 100% dont do , it just isnt worth the risk, was that what you where planning or was it just hypathetical, (I have probably spelt that wrong, but hey I only have an O Level in woodwork, lol)anyway good luck with whatever route you take, oh and a Very Merry Christmas:) :)


Dee xx

[Emmalee25]

My VA nearly had a coronary when he heard how many people were just adjusting status! its a definite NO No.
I am waiting until the visa process calms down a bit before i reaply for my visa!

Emma x

[Craney]

Thanks for the replies. I am told (and have spoken to several) that many business brokers are advocating this system and that the sellers are refusing to sell to a Brit unless it's on the B-2 route. I spoke to a business seller recently who signed contracts with a British person but had still not even had a peep from the Embassy in November, after several extentions to the original contracted time frame. He eventually pulled out and is only looking to sell to a Brit on B-2.
I spoke with a visa specialist - a Brit- who told us that all the negativity on forums was total rubbish and that the change of status route was perfectly acceptable and they could foresee no problems with obtaining your E-2 after a change of status. The gist of the advice was know the business you want to buy before you get out to the US (which is against the B-2 rules) and close on it as soon as possible and you'll be sorted within twelve days. Then apply for E-2 via London which will take the time but should not be a problem.

Our situation is probably the same as many. We have been looking for 18 months or so, had a couple of contracts signed which fell through at Due Diligence stage and are still looking. The Embassy has created massive problems for all of us hard working, honest people who want to try to improve their standard of living for their family, whilst adding to the US economy. I just thought i'd ask the question, especially after my last phone conference on a business where some of these questions arose.

I knew i'd get honest answers here, they are much appreciated. I suppose I was just hoping that there was a light at the end of this blooming long tunnel!!!

[Craney]

Peter, If you bought a business not subject of an E-2 I believe i'm correct in thinking that you cannot operate it, and would basically have to be owner absentee? Is this the case?
Emmalee, I thought you were already over there? Am I mistaken? Or are you there on change of status and waiting to apply to London for the E-2?
Sorry to keep asking different questions!!!

[peter gold]

Craney
Anyone can own a business in the US and pay taxes.
They cannot be in the US on a non visa waiver (I-94) for more than 90 days, and as they will have no other visa status after 90 days they have to leave. When they try to turn round and come straight back they are met with the man with a uniform how says "where are you living sir here of the UK"? and refuses a re entry. So all have jumped on to the B visa bandwagon. This is a visa for up to one year to VISIT the US, and yo have to demonstrate that is what you are doing and you have ties in the UK, where you are returning to whenthe visa expires. Surprise Surprise when they go for the E2 visa interview and say they are going to the US to manage the business they bought when they were her on the B visa hey meet a refusal.
Same problem may befall all the people playing the system extending their I-94 to avoid the dreaded reneawl interview. Time will tell on that one.
As I am now advising all clients there are few good businesses for sale who will wait six months in the hope you may get a visa and then if you do not it is back to square one for them.Use you brains a good business owner will not with these delays sell subject to an E2 condition, and I suspect any who do are selling a business which is not going to qualify anyway ( not enough profit, employees, or a sham business.
As a result and being forced by market forces I recommend if the busines is a good one, buy it with a three months due dilligence period, not subject to an E2 ( use that to negotiate a discount in price equall to what you could lose if you had to sell it on again), then apply for the visa, come over on visa waiver to close then stay three months learning the business, managing it etc and return after six months for the inteview.
The Attorney I use says the Consul is more likely to approve the application as it shows subtantial committment.
I still dismay at the number of people using visa consultants and specialists to submit the visa and give them advice. They are unlicnesed and unqualified.
Finally anyone who owns a business here can manage it etc but cannot legally draw an income. They have no social security so cannot get a bank account etc But there are ways using reliable management, accrued profits etc for the waiting period

[v2002]

I would just add few words to what peter said .. lawers or biz. sellers dont care what you go through .. all they care is their money , bottom line its you who decide if you are ready to face the BULLET if that does happen. Use your instincts what peter said is 100% right.
Craney
Anyone can own a business in the US and pay taxes.
They cannot be in ......accrued profits etc for the waiting period

[Emmalee25]

Hi Craney,
my situation is complicated, i bought the business before i had the visa, then all these delays kicked off and the embassy have a prob with the fact my parents are GC holders, so i withdrew my E2 application last month. I am in the USA for xmas, but on VWP at the moment, I will be going back to the UK in january, i still own the biz out here but it is run by staff and my mum who i am transferring ownership to at the moment.
I am applying for a new visa at the moment, we have just been agreed a B and will get that in january so I can come back and sort out the new biz and new visa......sigh! sorry for the long reply!

Em x

[v2002]

Hey em sorry to intrude but what kind of Biz. is it ? may be I can suggest something . regards.
Hi Craney,
my situation is complicated, i bought the business ..sigh! sorry for the long reply!

Em x

[Emmalee25]

Its complicated to explain!
I have a shot at a H1b now and will defo go that route, otherwise I am looking at an E2 for a start up ...gulp!
Em x

[floridapete]

"So all have jumped on to the B visa bandwagon. This is a visa for up to one year to VISIT the US, and you have to demonstrate that is what you are doing and you have ties in the UK, where you are returning to when the visa expires."

A point of accuracy here, Peter !

The B2 (visit for pleasure) visa is NOT good 'for up to one year'. The B2 is good for up to 180 days in any 365 days (running total) which is almost (but not quite) six calendar months. This period may be taken at 'one bite' or in successive trips which would add up to (but not exceed) 180 days.

Beyond this maximum it is possible to apply to the USCIS for an extension of up to another 180 days FOR SUBSTANTIAL AND EXCEPTIONAL REASONS. These could include ongoing or emergency medical treatment but not just 'because you want to stay'.

When returning to the US after such a stay extension the POE could take the view that you should stay outside of the USA at least as long as you last stayed within the USA to demonstrate that you are not trying to create a profile of 'substantial presence' within the USA when you have no right to live there ! In other words they could refuse you re-entry if you try to return too soon !

Of course, a B2 visa (visit for pleasure) would also be unlikely to be granted to a young family with children as such an entry would give the visa holder and dependants no rights for their kids to enter into the public schooling system (not that that seems to worry some of them who do). Also, the visa officer would want to know how come a younger family (not retirees) could afford to leave their UK employment to spend time within the US without working which they are unable to do under the terms of a B2 visa.

[Craney]

Thanks all, it really is a bit of gamble any way you do it, isn't it!! I think, with the right biz, we would be prepared to take the gamble and buy without being subject of an E-2, but there is one thing I can't get my head round, sorry if i'm being a bit stupid. It realtes to the quote from Peter, which i've pasted below;

Finally anyone who owns a business here can manage it etc but cannot legally draw an income. They have no social security so cannot get a bank account etc But there are ways using reliable management, accrued profits etc for the waiting period.

Am I right in thinking that if you bought the business you would be able to take the profits from it, and pay taxes etc, if you were in the UK, but not if you were in the US? This seems a bit strange, and i'm sure i've made a pigs ear of trying to understand!! Can you elaborate please?!!!!

There is also a big emphasis going down this route on getting a reliable manager in place if you can. I don't suppose this will be easy but it's another of the gambles I supppose.

We really appreciate the help and advice, it's opened up another avenue to explore that we previously weren't aware of.

[peter gold]

......Finally anyone who owns a business here can manage it etc but cannot legally draw an income. They have no social security so cannot get a bank account etc But there are ways using reliable management, accrued profits etc for the waiting period....
Let me explain.
You will have no soc sec number etc and will find it very hard to operate without one. The business can be overseen by you and the profits allowed to accrue until you can legally draw them.

[peter gold]

Florida Pete
Let's both be accurate
...... Of course, a B2 visa (visit for pleasure) would also be unlikely to be granted to a young family with children as such an entry would give the visa holder and dependants no rights for their kids to enter into the public schooling system (not that that seems to worry some of them who do)....Since the late 90's after a landmark Court decison any child under the age of 18 whether here legally or not has a right to public schooling. he only has to demonstrate residence not legality . So just bring them here and my taxes wil pay to educate them.

[Emmalee25]

Florida Pete
Let's both be accurate
...... Of course, a B2 visa (visit for pleasure) would also be unlikely to be granted to a young family with children as such an entry would give the visa holder and dependants no rights for their kids to enter into the public schooling system (not that that seems to worry some of them who do)....Since the late 90's after a landmark Court decison any child under the age of 18 whether here legally or not has a right to public schooling. he only has to demonstrate residence not legality . So just bring them here and my taxes wil pay to educate them.

Thats the same world over, our taxes in the UK are paying to educate illegals and asylum seekers!!! dont think you can get away from it anywhere you go to be honest!

Em x

[Emmalee25]

Craney,
basically you cant draw anything from the biz until you are granted the E2, not even expenses, so if you buy a biz NOT dependant on getting the E2 then you could go a long time managing and worrying about a business that brings you NO income! I did it this way and its hard, I will get there in the end tho, whichever visa i get. I am glad i withdrew my E2 as I was unhappy with the way the biz was going so am able to change what needs changing and re-submitt!!!!

Em x

[Kriz1]

I don't think I trust someone to run my company ....unless they were family or very very good friends....

[peter gold]

It is what ever your comfort zone is and how good the business is balanced against the gamble. IT IS ALWAYS YOUR DECSION AS IT IS YOULR LIFE AND YOUR MONEY. NEVER BE TALKED INTO IT.