cakeboy

Hi, i'm newly registered but been searching for info for a long time.
This is an excellant forum with some really knowledgable people.

So here's my situation which I hope you can help me with:

My parents emmigrated to Florida in May 09 on an investment visa, this is still an active investment.

My parents are getting on a bit and wanted to do some home improvements so asked me to come to help. So I got my b1/2 non-immigrant tourist visa Sept 2012 and flew over Oct 2012 for 6 months.

My girlfriend of 3 years stayed back in the UK as the rent and bills still needed to be paid, but was going to visit for 2 weeks over christmas. However since i've been in Florida we've unexpectedly called time on our relationship, for reasons that i won't go into.

By trade i'm a cake decorator and have been making cakes/bakery items for both my parents, birthdays and neighbours as i was trying out the difference in ingredients compared with the UK. Well I was shocked by the response as everybody has said that i should open a bakery/specialist cake shop here in Florida. I took it lightheartedly but later on my parents thought it was a good idea.

After a lot of research we're a bit stuck on whether my AOS from B1/2 to E2 would be viable.
As i said above, I have my own shop back in the UK which runs at a decent profit so I know what it takes to set up.

I've been doing alot of sums and found that I could set up a running speciality cake shop with $12k of equipment, $18-$20k of rent & rates for a year, around $6k of legal/paperwork/commerce etc and $4k of stock/working capital. Total $42k and that's at the top end of estimates.

Now without me selling my UK business my parents and I have $80k cash so my question is that with a proper business plan would this likely be accepted for an AOS to E2 via USCIS?

Bare in mind that I will have no living costs as my parents live here, paid for their house with cash, 2 newish vehicles i currently use so should ths work in my favour?

Sorry it was a long read but i hope it's all relevent info.

some examples

HarryTheSpider

Hi cakeboy

I don't have any advice I'm afraid.

I just wanted to say what fantastic cakes you have made - amazing!!

There are some very knowledgable & helpful people here, so I'm sure one will be along soon!

Good luck.

ian-mstm

Is your UK business still up and running while you're in the US? If so, I think an L-1A visa might be easier and more successful.

By the way, I agree with HTS... the cakes are fantastic!

Ian

Mr Weeze

I'd order one - they are stunning! Welcome and good luck.

Wibblypig

Where abouts in Florida? Just wondering where I will be spending my cake order I hope you do cupcakes too as they are obsessed with fancy cupcakes here!! This is a shop based in Orlando who do the most fabulous ones

I agree with Ian, if you are keeping the UK shop up and running look into an L1A visa

Good luck and looking forward to trying your cakes

cakeboy

well thanks for the replies so far, very encouraging.

The business in the UK is still running as my 'protege' is tending to things, however i wold rather keep the two separate so am looking at the E2 which last year an immigration officer told us would be the best route.

I was asking on here as a prelim to whether it would be acceptable with USCIS before paying out on a solicitor etc.

Sorry if my first post offended didn't know pictures were not allowed.

Noorah101

You can put a link to your photos or your website in your signature line.

Rene
Moderator

ian-mstm

They will be separate. Further, with an L-1A visa the business can immediately sponsor you for a green card, and once that process is finished you can sever ties to the UK business if that's what you want.


I seriously doubt a US immigration officer would know what visa is "the best route" for you. You should never, ever take advice from a grunt who works for US immigration.


I certainly wasn't offended by the pictures. They all looked deliciously yummy!

Ian

scrubbedexpat099

How big is the UK operation, how many shops, employees?

Remember the E2 is for you to set up a business. Not provide you with a job.

What status are your parents on?

cakeboy

It's just a single shop I set up in my hometown about 18 months ago, it's definately not big enough to sponsor.


Sorry I wrote that wrong, we saw an immigration LAWYER who told us rather flippently to either get married or an E2, sorry my bad

Thank you, they certainly sell well back in the UK, cupcakes are really taking off too.

My parents now have green cards

jeffreyhy

Point of clarification - what you're proposing, B-1/2 to E2 is not "AOS". Adjustment of status has a meaning defined in the INA as going from a nonimmigrant status to immigrant.

What you're talking about is changing nonimmigrant status, going from one nonimmigrant status to another nonimmigrant status. It's not the same thing. If you keep calling it AOS you're likely to get information about AOS that does not apply to CNS.

Regards, JEff

Noorah101

If you are over 21, have each parent fill out an I-130 towards your Immigrant Visa. There's a long backlog in that category, BUT they can upgrade the case when they become USC's (perhaps the waiting times will change by then), and it also gives you 2 sure ways to fall back on immigrating to the USA, if the business side doesn't work out, or if the business type visa runs out in the long run (for example an E-2 renewal gets denied).

See the visa bulletin for more details: http://www.travel.state.gov/visa/bul...etin_5856.html

Rene

Noorah101

Good point, JEff. I changed the thread title as well.

Rene

cakeboy

thank you, this is info that i did not know about.

we have already done this Feb 11, and as said waiting time was around 7-8 years for my catergory, hence the immigration lawyer suggesting the e-2 visa route in the mean time to stay in the country until (hopefully) the I-130 petition visa is granted.

The main question is whether a good business plan with pryer start up knowledge and an investment of $80k would be sufficient enough to get an E-2 visa.

Noorah101

OK, thanks for clarifying. I didn't realize the E-2 was the interim plan to your Immigrant Visa wait.

Rene