British Expats

British Expats (https://britishexpats.com/forum/)
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-   -   Adjustment of status (https://britishexpats.com/forum/marriage-based-visas-35/adjustment-status-717714/)

zak121 May 20th 2011 2:21 am

Adjustment of status
 
Hello
I have a few questions and would appreciate a few pointers:
I have a business in the US under an E2 visa from UK
Visa expired a few months ago but I94 is valid till Sept 2012
E2 only valid for one year as had to ask for waiver due to previous misrepresentation.Applied again this year and turned down.
Thinking of dissolving US company due to low turnover

married a US citizen in Feb 2011
Questions are if I dissolve company will that make things difficult for permanent residence adjustment?
Is it better to use immigration attorney or file adjustment yourself?
Sone attorneys say it takes 3-4 months others say year and a half so any advice there ?

Thank you for your advice.

Thank you

crosscountryrider May 20th 2011 2:51 am

Re: Adjustment of status
 

Originally Posted by zak121 (Post 9376323)
Hello
I have a few questions and would appreciate a few pointers:
I have a business in the US under an E2 visa from UK
Visa expired a few months ago but I94 is valid till Sept 2012
E2 only valid for one year as had to ask for waiver due to previous misrepresentation.Applied again this year and turned down.
Thinking of dissolving US company due to low turnover

married a US citizen in Feb 2011
Questions are if I dissolve company will that make things difficult for permanent residence adjustment?
Is it better to use immigration attorney or file adjustment yourself?
Sone attorneys say it takes 3-4 months others say year and a half so any advice there ?

Thank you for your advice.

Thank you

Hello ,
I hope I can answer this to my best knowlege:

Questions are if I dissolve company will that make things difficult for permanent residence adjustment?Not as I know.Who will be your sponsor? If your wifes income is insufficient you will need a CoSponsor. If you have the company already why not keeping it and trying to revitalize the business.

The only two things I can think about are:
1. Did you file your taxes properly because this will will bite if not done.
2. Do you still work in your business?
Your visa is expired so you are out of status regardless what your I-94
says. If you work in your business it can be seen as illegal work in the
USA.


Is it better to use immigration attorney or file adjustment yourself?I would recommend a attorney because of your history of misrepresentation.
This doesn't need to be a hurdle but be prepared that this will come up when you have your interview.

You can file the AOS by yourself but you maybe want to have a attorney on standby to attend the interview with you.


Sone attorneys say it takes 3-4 months others say year and a half so any advice there ?Nobody can tell you for sure how long the process will take.RFE's will delay the process.However USCIS is speeding up the processing so there is a chance that this will move quickly.

Also file AOS as soon as you can to avoid further overstay and DO NOT leave the USA because they don't let you back in for a while : 3 year BAN.
Also some of the Senior members hopefully will add more knowledge to your situation

Good Luck
CCR

zak121 May 20th 2011 3:21 am

Re: Adjustment of status
 
Thank you for the reply

I have a accountant who pays me through my UK account and recently a US account. I have a Social Security number.
My US wife makes little money although self employed.

If I am out of status on the E2 that means I can stay here with the I94(exp Sept 2012) but cannot get paid by my own company?
What are my options?

Thank you very much.

crosscountryrider May 20th 2011 3:27 am

Re: Adjustment of status
 

Originally Posted by zak121 (Post 9376379)
Thank you for the reply

I have a accountant who pays me through my UK account and recently a US account. I have a Social Security number.
My US wife makes little money although self employed.

If I am out of status on the E2 that means I can stay here with the I94(exp Sept 2012) but cannot get paid by my own company?
What are my options?

Thank you very much.

Hello,

do I understand you correct -you have UK business and get paid through this business?
So you are not working in your US company - correct ?
And also you are not actively working in your UK business while you are in the US?
Are you currently in the US?

I am not so sure about the E2. However if you disolve your company all reasons for the Visa will obsolete.
This means to my understanding that you ahve to leave the USA right away.

How a expired visa is maybe different? You should talk with an attorney to get your situation sorted out.

The only which can put your AOS on a risk is any kind of illegal work or employment while you are in the US.
Hope this helps
CCR

meauxna May 20th 2011 3:48 am

Re: Adjustment of status
 
CCR, you can read more about the treaty/trader E-2 visas here: http://london.usembassy.gov/e.html
They aren't quite like other employment visas you may be familiar with.

zak, I'll reread your thread tomorrow, but you could post a better timeline of your E-2 + renewal application and how you have a longer date on your I-94. If you reentered while the visa was still valid, you may have been given more time on the I-94 (normal) than was left in the visa validity. That's not uncommon.

Regardless, there is no downside to filing your AOS right now; I don't know why you waited. Was your marriage before or after your (denied) application for E-2 renewal? If it was before, why didn't you apply for PR instead of the E renewal?
However long your AOS case takes (it can be 3-8 months) depends on your local office.

zak121 May 20th 2011 6:30 am

Re: Adjustment of status
 
Hello there
I did return whilst my E2 was vaild and it expired in late Jan 2011.
The I94 is valid till Sept 2012
I applied for the E2 and was turned down in Feburary and again require a waiver agreement.
I married a citizen in February.
I was advised by the immigration attorney to not travel and remain in the USA until this is resolved.
I no longer use the same attorney.
I currently consult on projects throughout the US and am paid to my UK account.
My accountant files all relevant taxes etc.

I have had mixed reports on what to do.
Money is tight as I am seeking to take over the US business in its entireity.
If anyone can recommend a good attorney and some advice I'd appreciate it.
Please feel free to ask questions.
Thank you

Noorah101 May 20th 2011 6:34 am

Re: Adjustment of status
 

Originally Posted by zak121 (Post 9376598)
Hello there
I did return whilst my E2 was vaild and it expired in late Jan 2011.
The I94 is valid till Sept 2012
I applied for the E2 and was turned down in Feburary and again require a waiver agreement.
I married a citizen in February.
I was advised by the immigration attorney to not travel and remain in the USA until this is resolved.
I no longer use the same attorney.
I currently consult on projects throughout the US and am paid to my UK account.
My accountant files all relevant taxes etc.

I have had mixed reports on what to do.
Money is tight as I am seeking to take over the US business in its entireity.
If anyone can recommend a good attorney and some advice I'd appreciate it.
Please feel free to ask questions.
Thank you

I don't know the specifics on the E-2 and how it works, so I can't comment on that part.

But yes, you should go ahead and file AOS based on your marriage to a USC. If you're good with paperwork, you can do this yourself, but it might help you to have at least a 1-time consultation with an immigration attorney who can tell you for sure whether your E-2 status (or non-status?) might affect things, if at all.

Start here to look for an attorney: www.ailalawyer.com

Rene

ian-mstm May 20th 2011 2:10 pm

Re: Adjustment of status
 

Originally Posted by crosscountryrider (Post 9376355)
If your wifes income is insufficient you will need a CoSponsor.

Terminology is important. There's no such thing as a "CoSponsor". There is only a "sponsor" and a "joint sponsor".

Ian

jeffreyhy May 20th 2011 2:37 pm

Re: Adjustment of status
 
And there is a 'household member' who may contribute to supplement the finances of a sponsor or a joint sponsor, which person could be considered a "CoSponsor".

So agreed, the terminology is important because the financials of joint sponsors and household members are treated differently.

Regards, JEff



Originally Posted by ian-mstm (Post 9377273)
Terminology is important. There's no such thing as a "CoSponsor". There is only a "sponsor" and a "joint sponsor".

Ian


crosscountryrider May 20th 2011 2:38 pm

Re: Adjustment of status
 

Originally Posted by ian-mstm (Post 9377273)
Terminology is important. There's no such thing as a "CoSponsor". There is only a "sponsor" and a "joint sponsor".

Ian

Sure, Was too tired last night. Also I still think the OP needs a immigration attorney because of his history of misrepresentation !

I think that this will come up during the interview - so be prepareed.

When I did my AOS they pulled out my whole file with L1A and everything else
and asked very specific questions.

Kind regards
CCR

meauxna May 20th 2011 8:33 pm

Re: Adjustment of status
 

Originally Posted by zak121 (Post 9376598)
Hello there
I did return whilst my E2 was vaild and it expired in late Jan 2011.
The I94 is valid till Sept 2012
I applied for the E2 and was turned down in Feburary and again require a waiver agreement.
I married a citizen in February.
I was advised by the immigration attorney to not travel and remain in the USA until this is resolved.
I no longer use the same attorney.
I currently consult on projects throughout the US and am paid to my UK account.
My accountant files all relevant taxes etc.

I have had mixed reports on what to do.
Money is tight as I am seeking to take over the US business in its entireity.
If anyone can recommend a good attorney and some advice I'd appreciate it.
Please feel free to ask questions.
Thank you

My usual caveat is that anyone with an immigration history (or criminal or medical potential ineligibility) should at minimum consult with an immigration attorney before filing their own PR case.

On its face, they are easy enough to do. You have indicated that you've got some problems in the recent past that should be addressed so that your marriage does not appear to be solely for the immigration benefit.

As a second case, you need some business advice so you can make a decision about that. IMO you will be in a better position as a PR, if you want to live in the US.

There are some lawyers who've participated here in the past; most of them have a thread pinned at the top of the forum, discussing topics they're familiar with. Susan Pai wrote one about how to hire an attorney. All of those items are worth looking at. I'd think someone who knows E visas from London would be good. JCraigFong has a lot of experience with that, and I believe he'll do a consultation.

redarmy990 May 22nd 2011 2:10 pm

Re: Adjustment of status
 
hi sorry to hijack a little but the thread names same as what i wanted to ask so here goes..

i going to visit my us citizen girlfriend in september.if i asked her and we got married could we apply for adjustment of status whilst still there if we can prove the intent wasnt to do this.

just wanting to know if this would be possible at all

thanks
dean h

Ray May 22nd 2011 3:16 pm

Re: Adjustment of status
 

Originally Posted by redarmy990 (Post 9380636)
hi sorry to hijack a little but the thread names same as what i wanted to ask so here goes..

i going to visit my us citizen girlfriend in september.if i asked her and we got married could we apply for adjustment of status whilst still there if we can prove the intent wasnt to do this.

just wanting to know if this would be possible at all

thanks
dean h

you do have intent ..you just said so .....
Do it correctly

redarmy990 May 22nd 2011 3:20 pm

Re: Adjustment of status
 
just asked the question thats all i dont know what the law states on this

so was interested

meauxna May 22nd 2011 3:25 pm

Re: Adjustment of status
 

Originally Posted by redarmy990 (Post 9380725)
just asked the question thats all i dont know what the law states on this

so was interested

You can check out the pinned posts at the top of the forum, there are a couple that explain why it is a bad idea.


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