E2 and Spouse

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Old Oct 6th 2014, 1:43 am
  #31  
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Default Re: E2 and Spouse

Originally Posted by ian-mstm
Okay, sure! I just don't think it's a coincidence... as either you or she would have us believe. Oh... and your PM did nothing to enhance your credibility.

Ian
Ok then whatever, you say. I'm a real person but if u don't believe I don't care. I PMed my Twitter. It's coincidence because I talked about our situation last yr. . Please give productive advice instead of just posting annoying comments

Last edited by londonboy450; Oct 6th 2014 at 1:53 am.
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Old Oct 6th 2014, 2:53 am
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Default Re: E2 and Spouse

Originally Posted by S Folinsky
This semi-retired attorney is somewhat amused.
I wasn't intending to be entertaining, but if i am wrong I would be very interested to know how/where. ..... Everything I have ever read about E-1's and E-2's is that they are not the basis for green card applications, and there are apparently many thousands of people "trapped" with no route to a green card and citizenship, so absent clarification from your good self I am inclined to think that any "gap" to be exploited is very narrow, but I am definitely intrigued, and ready to be corrected.
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Old Oct 6th 2014, 7:51 am
  #33  
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Default Re: E2 and Spouse

Originally Posted by londonboy450
It's coincidence because I talked about our situation last yr.
Coincidence?

You do know that we can see your IP addresses right? We're not completely stupid, and it's very clear that you're in the same household (or even the same person), so if this is your mother on your thread then why are you pretending to answer her questions here when you could easily do so in person?

If this is your mother on the thread, or another family member, then that's fine, but please just turn and talk to her in your own home rather than using BE for silly games.
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Old Oct 6th 2014, 8:56 pm
  #34  
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Default Re: E2 and Spouse

Originally Posted by Pulaski
I wasn't intending to be entertaining, but if i am wrong I would be very interested to know how/where. ..... Everything I have ever read about E-1's and E-2's is that they are not the basis for green card applications, and there are apparently many thousands of people "trapped" with no route to a green card and citizenship, so absent clarification from your good self I am inclined to think that any "gap" to be exploited is very narrow, but I am definitely intrigued, and ready to be corrected.
Every case is individual and depends upon the facts. For example, earlier this year Volkswagen transferred an executive from Germany to run the manufacturing plant in Chattanooga TN. I have no idea what kind of visa he came in on [assuming his is not a U.S. citizen], but he would clearly fit the requirements for an E-2 visa. And the position would clearly support an EB-1 intracompany transfer immigrant visa. No way would he have been "trapped." [There is heated discussion among immigration lawyers that the "E" visa is not "dual intent" and therefore not good. This comes from a basic misunderstanding of what "dual intent" actually is. But I digress].
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Old Oct 6th 2014, 9:02 pm
  #35  
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Default Re: E2 and Spouse

Originally Posted by S Folinsky
Every case is individual and depends upon the facts.
No-one would dispute that. But the situation that was put before the forum was:

1. Husband buys business and arrives on E2.

2. Wife accompanies husband and applies for and is granted an EAD.

3. Husband then hires his wife to work in the E2 business.

The poster wanted to know if the husband, the owner of the E2 business, could then sponsor his wife for an adjustment of status to obtain a green card.

I have never heard of such a thing being feasible and am sincerely interested in your response to this hypothesis.
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Old Oct 6th 2014, 9:09 pm
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Default Re: E2 and Spouse

Originally Posted by Nutmegger
No-one would dispute that. But the situation that was put before the forum was:

1. Husband buys business and arrives on E2.

2. Wife accompanies husband and applies for and is granted an EAD.

3. Husband then hires his wife to work in the E2 business.

The poster wanted to know if the husband, the owner of the E2 business, could then sponsor his wife for an adjustment of status to obtain a green card.

I have never heard of such a thing being feasible and am sincerely interested in your response to this hypothesis.
Nothing to stop E2 business doing that. Might be easier for VW.
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Old Oct 6th 2014, 9:15 pm
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Default Re: E2 and Spouse

Originally Posted by Boiler
Nothing to stop E2 business doing that. Might be easier for VW.
I am just fascinated that people have posted about E2 for years and years, and that this suggestion has never come up before. If you look at it one way, if the person not being sponsored by what might be termed a "mom and pop" business was not a relative, then the person doing the sponsoring might be denied renewal at the next review and have to sell up and leave the country, whereas the person they sponsored would be sitting pretty!
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Old Oct 6th 2014, 9:25 pm
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Default Re: E2 and Spouse

How practical an option would it be for a mom and pop?.
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Old Oct 6th 2014, 9:31 pm
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Default Re: E2 and Spouse

Originally Posted by Boiler
How practical an option would it be for a mom and pop?.
You mean an E2 for such a business? It seems that a lot of the E2 businesses could be described as that -- pool routes, maid services, coffee shops -- businesses that routinely go for $100,000 to $150,000 fall into that category to my mind.
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Old Oct 6th 2014, 9:36 pm
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Default Re: E2 and Spouse

Originally Posted by Nutmegger
You mean an E2 for such a business? It seems that a lot of the E2 businesses could be described as that -- pool routes, maid services, coffee shops -- businesses that routinely go for $100,000 to $150,000 fall into that category to my mind.
How many of them sponsor foreign applicants? How many can afford the cost and time and justify such a position?
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Old Oct 6th 2014, 9:41 pm
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Default Re: E2 and Spouse

I forget where I was, Brew Pub?, but there was a conversation I overheard about H2b's, seems the guy had them until November, presumably he was a Landscape Contractor.

Always slightly suspicious about such issues with small operations, there was a rock quarry near where I used to live who said the same thing and I know their employees were without visas. Well maybe one had a H2b.

Now the big Hotels and Ski areas do go through that.
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Old Oct 6th 2014, 9:47 pm
  #42  
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Default Re: E2 and Spouse

Originally Posted by Boiler
How many of them sponsor foreign applicants? How many can afford the cost and time and justify such a position?
We're going round in circles. I have no doubt that is exactly the kind of business which initiated this whole field of inquiry with regard to a husband sponsoring a wife, and why I have felt from the word go that it isn't feasible. The people who inquire about E2 on this forum are buying themselves small businesses in order to live in FL, they aren't the VWs of this world.
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Old Oct 6th 2014, 9:52 pm
  #43  
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Default Re: E2 and Spouse

Just because something is theoretically possible does not mean it is practically possible.

Which I am sure is Mr F's point.

EB3 if possible is just a question of time, EB5 just a question of growth. Many thing may be theoretically possible.
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Old Oct 6th 2014, 10:44 pm
  #44  
 
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Default Re: E2 and Spouse

Originally Posted by S Folinsky
Every case is individual and depends upon the facts. For example, earlier this year Volkswagen transferred an executive from Germany to run the manufacturing plant in Chattanooga TN. I have no idea what kind of visa he came in on [assuming his is not a U.S. citizen], but he would clearly fit the requirements for an E-2 visa. And the position would clearly support an EB-1 intracompany transfer immigrant visa. No way would he have been "trapped." [There is heated discussion among immigration lawyers that the "E" visa is not "dual intent" and therefore not good. This comes from a basic misunderstanding of what "dual intent" actually is. But I digress].
But the (my) point is that he could have gone straight to an EB-1, he didn't need the E-2, and in no way did the E-2 help him get an EB-1. IMO, though I concede not necessarily yours, the E-2 is a red herring, because it neither helps no hinders a acquisition of a green card through any of the other routes.
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