ihe

I have a multiple B1/B2 and a green card holding spouse.

We have not yet filed but are about to. I am currently out of the US.

My first question is whether it is possible/wise to have an E2 application running concurrently with the family based GC petition.

Assume for now that the E2 proposal is viable.

Marocco

Yes. You can have as many concurrent applications as you want.

ihe

Ok next question. Does the 30 60 90 day rule apply if you do NOT intend to try to adjust status in the US.

The situation is that I might arrive in the US a few days after I have applied for an I-130 in which I have already opted for consular processing in the home country.

ian-mstm

No.

Ian

civilservant

It dosent apply in any case, since it dosen't exist!

ian-mstm

I agree, but tried to keep it simple for the OP.

Ian

Noorah101

Just to clarify, since you are outside the USA, you won't have a family based GC petition. You'll have a family based Immigrant Visa petition.

Rene

Noorah101

You are allowed to visit the USA during the Immigrant Visa process, so shouldn't be a problem.

Rene

jeffreyhy

You are going to apply "for an I-130".

I-130 is a petition form, that your family member - not you - will submit to have you recognized as their family member.

Regards, JEff

ihe

I have spent 8 months of 2013 in the US. I left at the end of October (yes I am ruefully aware of the opportunity I missed Aug/Sep when the F2A visa category became current).

I put in for a short sale property around May soon after I arrived, we did not close until September and I bought another which we closed on 3 days before I left. I now need to find contractors to carry out works on the properties and we own another which is effectively a shell so want to find a contractor for that. Effectively I am laying the foundation for a property development company - hence contemplating the E2.

My wife filed for I130 over the weekend - I am in the UK but planning to return to the US mid December so given the length and proximity of the last visit am a little apprehensive of border control - on my last visit I was secondaried.

So in a nutshell I am looking at coming back 6-7 weeks after leaving following a 6 month stay. A little apprehensive naturally - these are the questions I anticipate and the honest answers I can give. Just wondering how they will go down.

Why were you here for 6 months last time - Because I unexpectedly came across a short sale property in May - approval for which didn't come through until Sept and we were looking at other properties in case it fell through.

How are you going to support yourself - rental income from 2 properties and soon to be a third .

Why are you coming back now - Xmas with the misses and to get a contractor to complete the outstanding work on the 3rd property and to sign a lease with a tenant I hope to find. Also to find a contractor to start rehabbing the shell.

How long are you planning to stay - I have booked a return in 6 months due to the inherent uncertainty of dealing with contractors, finding tenants and because I will also be seeking finance once the third property is rented to part finance the rehab of the shell (we can at present fund half of the rehab cost).

It is not possible to anticipate when all of what I want to accomplish (which I believe is legit under the ambit of a B Visa) will be completed.

Ties to your home country - Admittedly not strong. I have a consulting company that hasn't traded since July and made very little income. I do maintain an active search for clients and would return if one came forth, but my present focus is on the property My inclination would be to say that I now have an immigrat wife based visa petition that has been nominated for consular processing so I would have to return to complete that process. I have a track record of coming and leaving the US within my allotted time.

Wondering how all that will go down.

BTW thank you for the answers - I wasn't receiving notifications so didn't know there was activity on the thread.

civilservant

No one can answer this with any certainty, but you do have several major risk factors that could see you get bounced.

ian-mstm

I'd be more apprehensive of how the IRS will view this.



Were you somehow obligated to buy the property? No. You wanted to... and everything else was a result of that decision. In short - it's not a reason, it's an excuse... and you're now trying to justify things.

Don't get me wrong - I admire your entrepreneurial spirit... but I can assure you that US immigration won't care one way or the other.

Ian

ihe

I do have to justify to border control why I am seeking entry again.

Is the relevant issue not whether the activities I wish to engage in are legitimate reasons for coming to the US on the visa I have?

Is that not what a business visa is for?

Re the IRS - doesn't my income have to exceed my expenses first?

S Folinsky

I wonder out of idle curiosity what the lawyer or lawyers said during their consultations.

No need to answer since there may things that are best left unsaid in a public forum.

ihe

That was too subtle for me, but if the suggestion was it is time to talk to an attorney, yes I am inclined to think so too?