captainsensible

She lives in the US

S Folinsky

It is. However, the "non-immigrant intent" issue is often misunderstood. The statute simply has as a presumption that an alien will not comply with the terms of their non-immigrant admission -- a guilty until proven innocent presumption if you will. As noted above, the E does not have a "home abroad" requirement.

I wonder why OP did not state the reason for delaying filing the adjustment until after they have a joint bank account and other evidence of shared life. However, he is under no obligation to tell us.

captainsensible

There is no particular reason at all, we could file immediately I arrive - as I said though, we got married in January and I haven't been back there since then, so when I do go (if I am granted the visa, which is a bigger concern to me than when I file for AOS) we will set up joint accounts, and obtain things like a car lease for me, etc etc. I know there is no dependency on this before filing for AOS, its just how I had things mapped out in my head

Like I say, this bothers me less than the granting of the E visa and establishing my 'intent' (unless you believe it should bother me more?) - it is presumably much safer to not mention AOS at all at the interview, but as JEff says, there is every reason to believe that I will be quizzed about my wife and my intent in that respect.

jeffreyhy

Then you're smoking some bad stuff if you think a consular officer is going to think "it would be just as likely that I would return when I was meant to and my USC wife would return with me"

As Mr.F has pointed out, there is a presumption in law that you will not return, and the fact that your wife is not living abroad with you now reinforces the point of view that the law tells an immigration official to have.

Regards, JEff

captainsensible

Yeah, I appreciate its a bit 'thin'!!

captainsensible

Ok, lets theorise one more time

Assume I have my interview for the E2 visa and at the interview I state my intent to leave - they question me in relation to my USC wife and I respond that the original intention was for her to move to the UK, but then work requested I transfer over to the US for a few years, so the original plans are on hold.

Does this sound more feasible?

Of course, further reading has me worried about then adjusting status after making this statement of intent, with the consequence of it leading to a charge of misrepresentation. Comments on that also welcome!

I appreciate the comments and input of everyone on this forum, if only so that I am better informed and able to prevent my company and their immigration attorneys putting me in a difficult situation.

ian-mstm

It's feasible only if it's the truth. If it's not...


I don't think either your company or the attornies are putting you in a difficult situation. The situation arises because of your marriage to a USC. That's not something they had any control over.

While the situation is not particularly difficult, your own choices put you in it!

Ian

captainsensible

They originally (before I got married) told me they were applying for a L1 Blanket, which would not have had the same consequences. The fact they then got E2 Investor status instead was a bit of a curveball but by then I had married.

S Folinsky

Jeff:

You are mis-stating what I said. "Non-immigrant" intent is intention to comply with the particular non-immigrant classification. And "immigrant" is a term defined in the Immigration & Nationality Act which is not the same as common usage. The "E" visa category does not, repeat not, have a requirement of a foreign residence.

As another example, the "K" visa is a non-immigrant category. And the "non-immigrant" intent is to marry a US citizen and apply for a green card! [Procedurally, it is treated as a hybrid].

captainsensible

I don't believe I am clever enough to know whether this means anything in my situation or not!

jeffreyhy

My apologies. Yes, i know ... Yes, I know this also, and nothing in my post contradicted that. How is this example relevant? The E visa does not carry the presumtion that there is intent to immigrate ("apply for a green card") - does it? The E visa is not treated as a hybrid - or are you saying that the E visa is also treated as a hybrid? Regards, JEff

captainsensible

Would like to know the answer to this and whether or not it helps me

captainsensible

Anyone?

captainsensible

Bumping this once more.

Mods - let me know if I should rephrase any outstanding questions in more direct relation to the E2 and post in the Immigration & Visas section.

Noorah101

Please read Site Rule #13 here: http://britishexpats.com/site-rules/

Do not bump posts. Plenty of people read these posts every day. If you haven't gotten an answer to your question in this forum, then evidently no one knows the answer.

If it's regarding an E visa, you can try posting your question in the US Immigration and Visas forum, here: http://britishexpats.com/forum/forumdisplay.php?f=34

Thank you,
Rene
Moderator