E-2 Employee with approved Family-Based I-130 - dual intent?
Sep 26th 2008, 2:39 pm
#1
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Joined: Jun 2008
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E-2 Employee with approved Family-Based I-130 - dual intent?
Hi everyone,
My situation is that I have an approved I-130 petition in the First Family-Based Preference category, that was filed by my father, a US citizen living in the UK, and my priority date is July 2005, so it's years away from becoming current.
A few months ago I posted a question about applying for an F-1 non-immigrant visa whilst having this approved I-130 and the consensus was that I'd be okay as the F-1 does not specifically prohibit "dual intent".
However, in the meantime, I have been offered a position as a Specialized Knowledge/Skill E-2 employee of an IT Services company, but I am a slightly concerned about the fact that I have this approved petition, even though it won't become current for a long time, and all of my family is back in the UK.
Does anyone know how much of a risk there is of the US Embassy in London denying my E-2 visa as I have the approved petition, thereby showing immigrant intent?
Would it make any difference if I were to have my father withdraw the I-130 petition by writing to the National Visa Center and then present this letter to the Embassy at the time of interview?
I have been reading around about this, but I can't find anything quite the same as these circumstances.
Thanks for any advice!
My situation is that I have an approved I-130 petition in the First Family-Based Preference category, that was filed by my father, a US citizen living in the UK, and my priority date is July 2005, so it's years away from becoming current.
A few months ago I posted a question about applying for an F-1 non-immigrant visa whilst having this approved I-130 and the consensus was that I'd be okay as the F-1 does not specifically prohibit "dual intent".
However, in the meantime, I have been offered a position as a Specialized Knowledge/Skill E-2 employee of an IT Services company, but I am a slightly concerned about the fact that I have this approved petition, even though it won't become current for a long time, and all of my family is back in the UK.
Does anyone know how much of a risk there is of the US Embassy in London denying my E-2 visa as I have the approved petition, thereby showing immigrant intent?
Would it make any difference if I were to have my father withdraw the I-130 petition by writing to the National Visa Center and then present this letter to the Embassy at the time of interview?
I have been reading around about this, but I can't find anything quite the same as these circumstances.
Thanks for any advice!
Last edited by UKLee; Sep 26th 2008 at 2:42 pm.
Sep 26th 2008, 3:27 pm
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Re: E-2 Employee with approved Family-Based I-130 - dual intent?
Rene
Sep 26th 2008, 5:11 pm
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Posts: 16,266
Re: E-2 Employee with approved Family-Based I-130 - dual intent?
Why would you do that? The term "dual intent" is often misused. But to put in layman's term -- the non-immigrant intent thing is quite attenuated in the case of E visas. I would suggest that you disclose it on the DS-156 and when questioned, you respond, it is so far off and I have no current intent to immigrate.
Sep 26th 2008, 9:45 pm
#11
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Joined: Jun 2008
Posts: 9
Re: E-2 Employee with approved Family-Based I-130 - dual intent?
Hi:
Why would you do that? The term "dual intent" is often misused. But to put in layman's term -- the non-immigrant intent thing is quite attenuated in the case of E visas. I would suggest that you disclose it on the DS-156 and when questioned, you respond, it is so far off and I have no current intent to immigrate.
Why would you do that? The term "dual intent" is often misused. But to put in layman's term -- the non-immigrant intent thing is quite attenuated in the case of E visas. I would suggest that you disclose it on the DS-156 and when questioned, you respond, it is so far off and I have no current intent to immigrate.
I'll post again on how it all turns out.
