lme30005

Father is a US citizen and we have been waiting on the F3 visa for 11 years! It is still about 18 months away but we are desperate to move for personal reasons. We have been looking into the E2 investor visa for a while now and see that it is the 'visa from hell'. If we do manage to get the E2 and move out there, will that affect the F3 application if we applied here but move out there? I don't want to jeopardise the F3 application in any way so would have to wait for it if there was going to be an issue getting the E2 and moving out there.

Thanks

Nutmegger

It might help people to advise you if you describe who “we” is. Just a couple, or children involved?

lme30005

Myself, husband, 4 children. Oldest child is 16 (Not the best time to move I know but want to get the green card before he turns 21)

Noorah101

You are allowed to have 2 petitions in process at the same time, so getting an E2 won't interrupt the immigrant visa process.

You'd have to leave the USA to finish the immigrant visa process.

Being inside the USA on the E2 visa has no impact on your child aging out, if it does come to thatthe might be protected by the Protection Act as well.

How do you know it's 18 months out?

Rene

lme30005

When you say we'd have to leave the USA to finish the immigrant visa process, would we have to move back or fly back for an interview?

We have 6 months until filing date, 17 months until final action date. Obviously it could take longer with the current situation and we have at least 6 months until we can do anything anyway. But 6 months feels quite soon when we've been waiting 11 years!

Noorah101

You (and the family) would have just have to return to home country for medical exam and visa interview, then wait until you receive the passports back from the embassy. So probably 2 to 4 weeks or so total, barring any complications.

Rene

S Folinsky

The “visa from hell” is a misnomer arising from the fact that there is often no way to directly change it to immigrant (green card) status. In your case, you DO have a way to immigrate. In regards to the child “aging out” there is the “Child Status Protection Act” which allows for adjusting the age out date. (Often called “CSPA” but not to be confused with the old Chinese Student Protection Act).

A paid consultation with an experienced immigration attorney might be in order. I am retired so please don’t consult with me. This forum gets a tad hunky on my giving referrals, so none is forthcoming.

Good luck.

steph0scope

If they are lawfully present in the US when their PD becomes current, they can adjust status. They don’t need to go bank home for the medical and interview.

lme30005

Thanks for all your replies, good to know it is an option to go sooner

civilservant

I would be very wary of being in the US on an E2 with an expectation of getting an F3, who knows what a potential comprehensive immigrant reform package would include, and the chances of one getting through Congress in the next 18 months went up yesterday with the Senate victories in my state.

christmasoompa

I think 'hunky' must mean something different in the US to what it means in the UK.

But just to clarify, referrals are fine. It's only referrals of previously banned forum members that are an issue.

scrubbedexpat099

Large, strong, secually attractive? If the E2 would be for the same sort of thing you planned doing anyway I do not see an issue.

S Folinsky

Spellcheck strikes! I type “hinky.”

scrubbedexpat099

Not sure that is any better?