E2 visa and CR1
Dec 15th 2018, 9:47 pm
#1
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E2 visa and CR1
Hi I’m looking for some advice on my current situation.
I got an E2 visa and worked in the USA for 2 years for a UK company that had business all over the US. Part way through the last year there I married the US girl I had met when I started my work in the US. She also gave birth this year so I’m now a proud Dad too.
We we started a CR1 visa before I left and got approved at USCIS and moved into the NVC stage in October 2018.
I visit sit on an esta each time I go now and if asked make sure I tell them about my Greencard application I am doing.
Their is now a chance that one of the US businesses owned by the UK company want to offer me a permanent role. I have a lawyer who is checking to see if the E2 can be used as it’s all linked back to the same company just I would be paid in dollars and not pounds as I’d be employed directly by the US firm this time and not the UK firm.
If I enter the US on my E2 again is this ok while in the middle of my green card process? The lawyer thinks I could either carry on with my own process and complete the nvc stuff or they may be able to apply for a change of status. Do you think this may be better than carrying on with my own green card and just doing a change of status?
I guess the company would sponsor me then too.
It’s not your average scenario but my worry is suddenly going back on the E2 after it not being used for a year while in the middle of a cr1. I would have the contract and job offer etc with me when I enter.
I got an E2 visa and worked in the USA for 2 years for a UK company that had business all over the US. Part way through the last year there I married the US girl I had met when I started my work in the US. She also gave birth this year so I’m now a proud Dad too.
We we started a CR1 visa before I left and got approved at USCIS and moved into the NVC stage in October 2018.
I visit sit on an esta each time I go now and if asked make sure I tell them about my Greencard application I am doing.
Their is now a chance that one of the US businesses owned by the UK company want to offer me a permanent role. I have a lawyer who is checking to see if the E2 can be used as it’s all linked back to the same company just I would be paid in dollars and not pounds as I’d be employed directly by the US firm this time and not the UK firm.
If I enter the US on my E2 again is this ok while in the middle of my green card process? The lawyer thinks I could either carry on with my own process and complete the nvc stuff or they may be able to apply for a change of status. Do you think this may be better than carrying on with my own green card and just doing a change of status?
I guess the company would sponsor me then too.
It’s not your average scenario but my worry is suddenly going back on the E2 after it not being used for a year while in the middle of a cr1. I would have the contract and job offer etc with me when I enter.
Last edited by stu_blue; Dec 15th 2018 at 9:54 pm.
Dec 15th 2018, 10:43 pm
#2
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Location: Phoenix, Arizona
Posts: 58,679
Re: E2 visa and CR1
You aren't in the middle of a green card process.... you are in the middle of an Immigrant Visa process.
I believe it's ok to enter the USA on an E-2 and still continue your immigrant visa process, you would just have to go back to the UK for your medical and immigrant visa interview...so maybe 3 weeks. Then when you enter the USA using the immigrant visa, you become a US PR right away and can continue working for your same employer (or whoever you want).
If you want to enter on the E2 and then adjust status based on marriage, it will mean losing the time and money you've already invested plus the high cost of AOS...personally I wouldn't.
I would also be wary of the company doing your AOS because if the company goes under or somehow lets you go during that time you'll be starting all over based on marriage again.
Rene
I believe it's ok to enter the USA on an E-2 and still continue your immigrant visa process, you would just have to go back to the UK for your medical and immigrant visa interview...so maybe 3 weeks. Then when you enter the USA using the immigrant visa, you become a US PR right away and can continue working for your same employer (or whoever you want).
If you want to enter on the E2 and then adjust status based on marriage, it will mean losing the time and money you've already invested plus the high cost of AOS...personally I wouldn't.
I would also be wary of the company doing your AOS because if the company goes under or somehow lets you go during that time you'll be starting all over based on marriage again.
Rene
Dec 15th 2018, 10:44 pm
#3
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Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: E2 visa and CR1
Probably a good idea to run this all by any immigration attorney who can advise you of the best route.
Rene
Rene
Dec 15th 2018, 11:17 pm
#4
Deep in the woods of CT
Joined: Feb 2010
Posts: 7,002
Re: E2 visa and CR1
If he is going to be working for a US company, rather than the UK company, is the E-2 still relevant?
Dec 15th 2018, 11:36 pm
#5
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Re: E2 visa and CR1
Ah, good point. Good question fur the lawyer.
Rene
Rene
Dec 16th 2018, 12:58 am
#6
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Joined: Apr 2001
Posts: 46,391
Re: E2 visa and CR1
You aren't in the middle of a green card process.... you are in the middle of an Immigrant Visa process.
I believe it's ok to enter the USA on an E-2 and still continue your immigrant visa process, you would just have to go back to the UK for your medical and immigrant visa interview...so maybe 3 weeks. Then when you enter the USA using the immigrant visa, you become a US PR right away and can continue working for your same employer (or whoever you want).
If you want to enter on the E2 and then adjust status based on marriage, it will mean losing the time and money you've already invested plus the high cost of AOS...personally I wouldn't.
I would also be wary of the company doing your AOS because if the company goes under or somehow lets you go during that time you'll be starting all over based on marriage again.
Rene
I believe it's ok to enter the USA on an E-2 and still continue your immigrant visa process, you would just have to go back to the UK for your medical and immigrant visa interview...so maybe 3 weeks. Then when you enter the USA using the immigrant visa, you become a US PR right away and can continue working for your same employer (or whoever you want).
If you want to enter on the E2 and then adjust status based on marriage, it will mean losing the time and money you've already invested plus the high cost of AOS...personally I wouldn't.
I would also be wary of the company doing your AOS because if the company goes under or somehow lets you go during that time you'll be starting all over based on marriage again.
Rene
Note: If you go with the company sponsoring you, it means another 1-2 years of waiting and if you are made redundant before the I-140 is approved and the I-485 for your change of status is filed and 180 days have passed, then you are SOL. You have to up and leave the US again. See a recent post by nudda
If you can come on the E2 and return to the UK for a month to get your police clearance, medical, medical summary from your physician, and have your interview and wait for the passport to be returned to you, then that is the best way to go. .
Dec 16th 2018, 2:39 am
#7
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Re: E2 visa and CR1
Assuming you get an E2, it is a NIV so that is against you, adjust when in the US and get your GC with the current petition from your Spouse.
Dec 16th 2018, 8:04 am
#8
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Re: E2 visa and CR1
Dec 16th 2018, 8:09 am
#10
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Re: E2 visa and CR1
Lawyer thinks I may be able to complete my CR1 in the US too maybe. I have just requested my police certificate but still have to find a sponsor. My wife will be one but she hasn’t worked enough so I have a friend who is going to be one who has earned enough. Only issues is he is now between jobs so does not have a job so would this matter?
Dec 16th 2018, 11:21 am
#11
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Re: E2 visa and CR1
Does he have assets to meet the I864 in lieu of income?
Dec 16th 2018, 12:28 pm
#13
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Re: E2 visa and CR1
5x what would have been required using income.
Dec 16th 2018, 1:11 pm
#15
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Joined: Apr 2001
Posts: 46,391
Re: E2 visa and CR1
The NVC will either say yes, the sponsor earns enough money to be the financial sponsor or that yes, the sponsor has enough in savings to supplement the inadequate income to become the financial sponsor.
They have to meet the threshold. If they don't, there is no grey area.
Does your wife not have parents, friends, or other relatives that would be willing to take on that roll if she doesn't meet the requirements? Don't you have any savings that can be added to the I-864 to make up the difference?
Another thought is with this job offer, you come to the US on the E2, start working, your income is included in the household income and the I-864 problem is solved. Before taking the job offer, you explain to the company that you will need time off to return to the UK to finish up the CR-1 process, i.e. medical and interview. You can get all your documents together before you leave, i.e. police certificate, medical summary, and you can make the medical appointment once the NVC has notified you of the interview date. Sounds like a lot but it isn't really anything more than what you would be doing if you were in the UK instead of the US.
They have to meet the threshold. If they don't, there is no grey area.
Does your wife not have parents, friends, or other relatives that would be willing to take on that roll if she doesn't meet the requirements? Don't you have any savings that can be added to the I-864 to make up the difference?
Another thought is with this job offer, you come to the US on the E2, start working, your income is included in the household income and the I-864 problem is solved. Before taking the job offer, you explain to the company that you will need time off to return to the UK to finish up the CR-1 process, i.e. medical and interview. You can get all your documents together before you leave, i.e. police certificate, medical summary, and you can make the medical appointment once the NVC has notified you of the interview date. Sounds like a lot but it isn't really anything more than what you would be doing if you were in the UK instead of the US.