FreeBird11

Hi All,

I'm having a little argument with someone but I need to figure this out. I've just been approved for E2, do I need to retain my foreign residence? I'm under the impression that having a foreign residence is a requirement for the duration of that E2 (or any non-immigrant visa for that matter) visa. Someone said that I need to surrender my current residency because I'll be out of that country for over 185 days a year, to avoid double taxing etc..

Ray

Not true nowadays ..some years ago it was though ..they may say to at interview something along those lines but will not ask for any proof of a residence .. and lets be honest most E-2s are financed through the sale of the applicant house ..
BUT .. do keep an address in your country for things like Bank accounts, driving licence, and a multitude of other things etc.. your parents or a relatives will do ..

FreeBird11

But don't you have to maintain a foreign address with any non-immigrant visa?

Ray

No E-2er I know has ..

FreeBird11

I just read again (elsewhere) that E visa holders are not required to maintain a foreign residence. I guess E visas might be exception to the rule then. (I just want to know for sure before I abonden a foreign residency and get in trouble for it.) That's interesting...

Out of curiousity, at question# X on that white I94 form, which I guess you'd have to fill out when entering the US like any other non-immi visa holder, it says "Country of residence" or "Country where you live", what do you fill in there if you've abondened your foreign residence?

dawnlouise

Hi
Not 100% sure but I think once you have your E2 that you would put the U.S. Out of curiosity do you mind me asking how long it took for your E2 to be processed??

Kevin Keane

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FreeBird11 wrote:

    >
    >> No E-2er I know has ..
    >
    > I just read again (elsewhere) that E visa holders are not required to
    > maintain a foreign residence. I guess E visas might be exception to the
    > rule then. (I just want to know for sure before I abonden a foreign
    > residency and get in trouble for it.) That's interesting...
    >
    > Out of curiousity, at question# X on that white I94 form, which I guess
    > you'd have to fill out when entering the US like any other non-immi visa
    > holder, it says "Country of residence" or "Country where you live", what
    > do you fill in there if you've abondened your foreign residence?
    >

There are a few classifications that indeed allow you to plan to immigrate
to the USA. The best known are H-1B and L-1. E-2 is, as far as I know,
*not* one of these categories.

My understanding is that E-2s simply have a somewhat weaker standard: you do
need to plan to return to your home country, but you may not need to
specifically maintain one particular residence.

On the other hand, E-2s starting the application process for a Green Card
would often be a problem. H-1Bs and L-1s are allowed to do that without a
problem.

For questions about "country of residence" give whatever country you will
eventually return to - even if you are an H-1B. I made that mistake once;
the immigration officer fortunately was nice enough to correct it and just
tell me not to do that again.

With any non-immigrant visa, you are not considered a permanent resident,
and therefore your country of residence is not the USA.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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FreeBird11

Long.. 7 months or so.

I would think, hugely depending on which consulate you deal with, normally if you make a solid case and all of your forms and supporting docs are thorough and well organized, it would be around 3-4 months. But again, it really depends on which consulate you'll be dealing with.

Joe Feise

FreeBird11 wrote on 01/11/06 09:59:

    >> No E-2er I know has ..
    >
    > I just read again (elsewhere) that E visa holders are not required to
    > maintain a foreign residence. I guess E visas might be exception to the
    > rule then. (I just want to know for sure before I abonden a foreign
    > residency and get in trouble for it.) That's interesting...


That's all covered in INA 101(a)(15), which explains each non-immigrant
category. You can look it up on the USCIS website.
For most non-immigrant categories, there is this magic phrase: "having a
residence in a foreign country which he has no intention of abandoning"...
For the categories the phrase is not used (E is one of them), not keeping a
residence abroad is ok.

    > Out of curiousity, at question# X on that white I94 form, which I guess
    > you'd have to fill out when entering the US like any other non-immi visa
    > holder, it says "Country of residence" or "Country where you live", what
    > do you fill in there if you've abondened your foreign residence?


US.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.