Cat Smurfy Smith

I am a UK citizen, lived in Leicester most of my life, now 38. 18 months ago hubby and I moved to N Ireland after auntie left me her house. Hubby out of work since we moved, very little on the jobmarket here for him. We are lucky enough to own our home and a bit of land now - we are selling up to move to US. House and land here plus our savings we have approx £250,000.

Having spoken with an immigration lawyer from Belfast (who lived in NY for 10 years and still works with partnering office there but he resides in Belfast now full time) I showed him a biz I am interested in buying - asking price $198,000, 5 permanent staff, great set up in Cape Cod.
My sis in law lives in USA this last 17 years, now a US citizen, large home and offered to let us live with her and her family (one daughter and hubby). She lives 20 minutes from the biz I am looking to buy.

Currently I work from home at my family's company. My Mother seeks an exit plan to retire and the only way she can be 'paid up' is to sell our family biz.

So... on an E2 visa, hubby should be free to either study or work, I can work at the biz I seek to purchase (I have had meeting last week over there and met vendor / broker - all went very well) and I intend to take my work pc / internet telephone so I can still throw a couple (early) hours a day at my family biz, until that is sold, or until I am no longer needed ( I offer technical support and most of the purchasing).

I also have found a business lawyer in Massachussetts who will set up business side of things - company name, bank account, tax number etc - between he and the Belfast lawyer I believe I have covered the 'reasonable risk' element ok, I am securing the jobs of 5 US citizens and have a business plan looking to grow the business over 5 years to include at least 1, possibly 2 more staff.

What bothers me are 2 points; I am unclear on whether the business is purchased FIRST, THEN the visa application is submitted with biz plan, or visa app can be submitted whilst my biz purchase is processed. Secondly, once (please God) we are in USA, if a situation occurs where we need to take on extra staff at my family biz in UK, I have been asked if I would be agreeable to attending a training period during new employee induction (for say 10 days in UK).

Will the E2 visa see me in and out of US ok say perhaps, 2 - 3 times a year, to go visit family / attend family biz in Leicester?

In the long term my sis in law will petition for my husband as a sibling to get permanent residency, however I appreciate that if all goes tits up we are back in UK and will need to re-assess and follow plan B!

So - order of purchase / visa application, and exiting / re-entering US for family (and family biz) purposes...

Advice? Many thanks
Catherine

Noorah101

I believe most people do the business purchase contingent on getting the visa. That way, if you don't get the visa, you aren't stuck with a business you can't run.

Yes.

Rene

Noorah101

Double check whether it's OK for you to work outside the E2 business, while you're inside the USA.

Rene

scrubbedexpat099

Held in ESCROW, usually.

scrubbedexpat099

It isn't.

Cat Smurfy Smith

Righty ho. I guess my 'no longer needed' status will occur sooner than I had planned with family biz then... We will have to look at recruiting sooner than planned on that front ( and I will get to sleep in to a reasonable hour once living there!).
I had anticipated a fly or two in the ointment - things had really been falling into place far too easily!
I appreciate the advices, still open to other comments or points spotted if there are any!
Catherine

Cat Smurfy Smith

I am perhaps being optimistic but I wondered if the Embassy interview for E2 visa would only apply to me? Or will husband need to attend interview also? (I am presuming both of us will need to attend an interview).

Thanks

pinkcat

Hi Cat,

As an E2 visa holder, I can tell you that you are required to personally manage your new business, but I see no reason why you can't devote a few hours a week on the computer to your family's business. That would not detract in any way from your obligations or go against any visa requirements. Anyway, who would know and why would they care?

You can travel in and out of the country as often as you like on an E2 visa. Your first visa will probably be for two years and subsequent renewals for five years. The visa is your permission to enter the USA. You will get an I-94 each time you enter - that is your permission to stay here and is required to get a driver's license. I-94s are usually for two years, so they rarely coincide with 5-year renewal dates. Bummer. We seem to be having to leave and come back all the time.

Your sister-in-law can petition for a green card for your husband, but, - this could be another fly in your ointment - proposed immigration reforms will put an end to sibling sponsorship, so the time to file is now. The wait for sibling sponsorship is approx. 12 years.

You can renew your E2 visa indefinitely if your business is viable, but renewals are expensive because you will need an immigration attorney and you have to return to Britain. It's nerve-wracking because you won't know until your interview if they are going to renew or not. I know people who have lost everything when their renewal was denied on the basis that the business was 'marginal' (Really, in a global recession, whose business is not marginal?)

You don't mention children, but if you have any, they will age-out at 21, so be aware. Both/all of you will be required to attend the interview.

Remember that your husband will be able to work outside the business, so he might find an employer who will sponsor him for a green card. I hope so, for your sake. The E2 route is a very tough one, full of risks and uncertainty and, at present, no path to permanent residency.

Good luck.

Cat Smurfy Smith

Hi 'pinkcat', my husband's youngest brother has been waiting on sibling petition 10 years and has another 2 years to go, we are told - this we know.

No children.

I was unaware that renewals meant a trip back to UK again... I was under the impression that a renewal could be arranged from USA. No major biggy, however investing the amount I am doing in this business would be an inconvenience if it could not be renewed. I have the nod of approval from 2 lawyers though, and the broker has a very positive forecast for the company. While I am mindful of not being complacent, I have thought long and hard over this and we basically have nothing to lose in trying it.

Changing immigration legislation has also been explained to us, however the advice we had received was to submit a petition, and the story 'through the grapevine' was that the changes likely to be implemented would been a reduction in sibling petition waiting time to approx 6 years. Of course at the moment this is all speculation but my husband is visiting his sister this summer and will be armed with Birth Cert to make said sibling application.

Whilst I have no intention in being deceptive and I know it is in my best interests to be as open and honest about all aspects of our move for our E2 visa I see little point mentioning a situation that will probably not exist soon anyway. If I get calls to discuss an obsolete window part, or what company we bought an obscure glazing seal from then that is as good as a family call, 'general chit chat' considered! We are working to streamline a whole change at our family biz to allow my Mother an exit door and at 38 I refuse to feel tied to something that has no future for me. If we return to UK in the future I will use my college education to find employment, rather than return to a career which I fell into by family connection. So I cannot see myself tied to the family biz once we are there anyway, considering time difference and my biz investment requiring my full attention and concentration.

Thank you so much for your views and experience, much appreciated.

scrubbedexpat099

That's unusual!

S Folinsky

Does not OP already have a lawyer?

scrubbedexpat099

I assumed not.

Cat Smurfy Smith

Point taken on the brokers opinion - the lawyer in Belfast has perused the biz details and is confident our visa application looks watertight. Again, without complacency - I am expecting flies in the ointment.
While certain assumptions should be made about buying a biz I am all for 'breaking bread with people and meeting face to face, hence my trip over there 2 weeks ago to 'meet and greet'. I value the broker's thoughts and opinions, I think there is much to be gained in business from spending time with people away from the official side, getting to know them.

I am unsure what 'OP' is. ?

Jerseygirl

Original Poster...you.

ian-mstm

No, it isn't. The visa gives her permission to knock on the door and ask permission to enter. There's a huge difference between the two scenarios. There is never a guarantee.

Ian