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-   US Immigration, Citizenship and Visas (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/)
-   -   E2 visa denied then b1 visa (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/e2-visa-denied-then-b1-visa-883730/)

bhavesh1984 Sep 23rd 2016 2:42 pm

E2 visa denied then b1 visa
 
Hi everyone,

I had my E2 visa denied today because I didn't have enough capital 'irrevocably committed'. I had applied as invest into an ATM franchise a total of $208,000. From that $208,000 I had already spent and irrevocably committed over $70,000 and had paperwork to support the same which included receipt for the franchise fee payment lease payment for my office and a vehicle payment. The office asked me why I hadn't committed any more or if I have any evidence of further money being committed from that $208,000. He also said if you don't have that then any agreements in place with property owners who have agreed to allow your ATM machines to be placed in their property so that you can show me intention to do business rather then say 'your going to when you get to USA'.

My response was I can't do any further activity on the. Using as as the company whom I am buying the franchise from won't allow me to buy any machinery or do any agreements with anyone until I have my E2 visa approved. I also mentioned that they had already found me locations and it would all be shown to be once my training is completed in October. I was basically denied because he felt I wasn't heavily invested financially.

I'm now deciding to apply for a B1 visa which should allow me 6 months in the US so I can carry out these so called further ,irrevocable commitments' and sign agreements with property and land owners so demonstrate that they are allowing me to place an ATM in their premises.

My question is if I apply for a B1 visa to show I am going for the purpose of investing more money because the officer that denied my E2 application had said so will they deny me a B1 visa as well because I'm now changing from an E2 to a B2 visa? The office that took my E2 visa also said I can apply for the same visa again provided and have this paperwork in place.

As always any info or advice would be appreciated.

Thank you,
Bhav

Guindalf Sep 23rd 2016 3:40 pm

Re: E2 visa denied then b1 visa
 
This should be in a sticky as proof of why an E2 visa is a risky and costly proposition with a LOT of danger attached!

At this point, I don't think you have anything to lose by applying for a B visa as it's the only way you'll get into the country to even try to improve your situation.

If the B1 application is denied, then all you can do is try to recoup as much (if any) money already invested. Otherwise you have to take a $70k and put it down to experience. Remember to be completely honest at all stages or you could easily be out of pocket by a lot more than the $70k you've already paid out.

bhavesh1984 Sep 23rd 2016 3:48 pm

Re: E2 visa denied then b1 visa
 
Hi Guindalph,

Thanks for your response and advice. I think I will re apply on a B1 visa and explain why I am doing so to the officer on the day of my interview. At this point in time as you have mentioned there is no harm in trying. I should hopefully have a more a successful outcome the second time around.

The way I see it the officer that took my interview really only had that as the sticking point for E2 application. Let's hope for the best.

Thank you,
Bhav

nelson2 Sep 23rd 2016 5:25 pm

Re: E2 visa denied then b1 visa
 
Bhav,

Firstly, sorry to hear about your outcome today. Perhaps it is time to seek further advice from an immigration lawyer. I understand Steven Heller from SDH immigration based in Lewes may just be the person

bhavesh1984 Sep 23rd 2016 5:33 pm

Re: E2 visa denied then b1 visa
 
Hi Nelson,

Thank you for the information on the lawyer I will look him up. I also used an immigration lawyer based in Houston as he got my brothers green card because he married a US citizen but I believed he completely messed my application from the beginning as it went to RFe as well. Anyways not all lawyers are the same so I will try my luck again and see the outcome.

Thanks again,
Bhav

ian-mstm Sep 23rd 2016 5:52 pm

Re: E2 visa denied then b1 visa
 

Originally Posted by bhavesh1984 (Post 12059726)
... if I apply for a B1 visa to show I am going for the purpose of investing more money...

When you apply for the B-1 visa, you must declare the E-2 denial.



... will they deny me a B1 visa as well because I'm now changing from an E2 to a B2 visa?
Since you don't yet have an E-2 visa, you're not actually changing! If they deny the B-1 visa (not B-2 visa), it'll be for some other reason.

Ian

bhavesh1984 Sep 23rd 2016 5:56 pm

Re: E2 visa denied then b1 visa
 
Hi Ian,

Thanks for the reply. I see the clear logic in what you have wrote. Will keep you posted of an eventual outcome.

Thanks
Bhav

gwensvilla Sep 23rd 2016 10:54 pm

Re: E2 visa denied then b1 visa
 
Was the balance of the money in an escrow account with an escrow attorney..or an ordinary bank account.
How many are in your household.
Were your committed funds subject to visa?
Was it a male or female officer?
Just trying to get the clearest picture as there is clearly a change in embassy staff and decision making recently. Thx

Zoe Bell Sep 24th 2016 12:22 pm

Re: E2 visa denied then b1 visa
 

Originally Posted by gwensvilla (Post 12060106)
Was the balance of the money in an escrow account with an escrow attorney..or an ordinary bank account.
How many are in your household.
Were your committed funds subject to visa?
Was it a male or female officer?
Just trying to get the clearest picture as there is clearly a change in embassy staff and decision making recently. Thx

Curious as to why you think the gender of the officer is relevant?

gwensvilla Sep 24th 2016 12:52 pm

Re: E2 visa denied then b1 visa
 
Because the officer previously was male, and I heard there may be a new female in charge. So I was just asking to see if indeed there had been a changeover...nothing sexism or sinister lol

bhavesh1984 Sep 24th 2016 1:19 pm

Re: E2 visa denied then b1 visa
 
Hi Gwensvilla,

Balance was left in bank account
3 including me in household wife one child 3 year old
Total investment was 208k and committed so far 70k all in US dollars
Make office very distinct face with black horn rim glasses

Also would anything be else have any suggestions for a great immigration lawyer based in UK as I want to ensure a success second time around and also get a second opinion

Thanks
Bhav

ian-mstm Sep 24th 2016 2:24 pm

Re: E2 visa denied then b1 visa
 

Originally Posted by gwensvilla (Post 12060437)
Because the officer previously was male, and I heard there may be a new female in charge.

You "heard"? So... you have no proof? It sounds as though you're trying to create the basis for a conspiracy theory... as though the US actually cares about granting visas, let alone making it easy for the applicant.

Ian

gwensvilla Sep 24th 2016 2:35 pm

Re: E2 visa denied then b1 visa
 
It really isn't sinister, I am an e2er, trying to follow what general trends are. I have for over a decade tried to monitor how applications progress by success/failure, if criteria tighten up or get more lax, watch levels of investment and how long they take to process, in the hope of helping others following this tough route. There appears to be a change and I am just watching. Lots of us e2er have renewals too. So we watch and learn and help fellow e2ers..without financial gain or ulterior motives. No conspiracy theory here. Just like yourself, I try and pass on useful info.


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