Michael

We need more information from the OP.

She didn't say if her husband is a US citizen and I just assumed that because I assumed she was going to adjust status. If he not a US citizen and he is on a work visa, then the CR-1 immigration visa would not be the correct solution. If he not a US citizen but he a legal permanent resident, there is another problem.

raf rose

my husband is not a US citizen and that is where the problem is. he is on E2 visa at the moment. the officer who was interveiwing me on the airport and stamped my passport said ask your husband to spnocer you on his visa and you cant travel on esta to see your husband. the problem is my husband cant sponcer me because you have to show a huge some of money in E2 to get a dependent approved. so it only leaves us with the option to go there on visiting visa and then from there change status to his.. i know our lawyer misguided us and now the whole situation looks impossible..

civilservant

You can't adjust status inside the US from the VWP, except if you marry a USC. This isn't the case here. Further, you need to renew your ESTA to show the B1 denial, it is likely that ESTA will be denied for 6-12 months. I'm afraid for the foreseeable future you will not be travelling to the US on the VWP.

I was unaware that you have to show additional funds as an E2 holder to get a spouse a derivative visal. I would be inclined to seek advice from a different attorney as a quick search sugests that isn't true either.

Ray

Pure tosh and nonsence

scrubbedexpat099

Seconded.

Michael

Granting of an E2 visa is based on the investment and not the dependents on a derivative visas. However your case is unusual since apparently the E2 visa was granted and the business was in operation before you were married where normally derivative visas are granted before the investor enters the US to start the business. If the business is currently not doing well, maybe the lawyer assumed that USCIS would require more funding to be able to support you but if that was the case, he would likely have problems renewing his E2 visa without additional funding. So without more detail, it is pure speculation as to why the lawyer didn't recommend that you apply for a derivative E2 visa.

Although recommending that you apply for a B2 visa was not a good idea, eventually you would have been denied entry even if you had been approved for a B2 visa since frequent or back to back visits on either the visa waiver program or a B2 visa would have likely raised suspicion by the POE officer that you were living or working in the US and you would have likely been denied entry.

I'd recommend that you contact another immigration lawyer that is well versed in E2 visas to give his opinion on acquiring a derivative E2 visa.

jxv73

Now the OP's story makes sense. The "lawyer" adivsed her to enter on B2 and then apply for COS to E2. This is because you cannot apply for COS if you entered on the VWP. (Note COS is not the same as AOS. COS is from one nonimmigrant status to another). Why the OP and lawyerthought and E-2 derivative visa might be denied, we do not know. I know there have been denials for H-4 visas when the consulate doubts the legitimacy of the underlying H-1B.

At this point, the OPs only real option is to apply for E-2 as a derivative.

Michael

+1 but the lawyer should have known that a B2 visa would likely be denied so that should have been her original option.

raf rose

Michael and jxv73 thanx a lot for your help, i really appriciate that

Michael

In case you don't know, COS stands for "Change of Status" and AOS stands for "Adjustment of Status". Since you referred to adjustment, that is where the initial confusion arose.

raf rose

yes we were trying for COS but it all has got really messed up ... i am afraid of the stamp on my passport, i dont how its gnna effect my future travels to US or even applying any visa to US... at the moment really dont understand what to do...

civilservant

Have you updated your ESTA to reflect the fact you were denied the visa? You MUST do this, and usually this means ESTA will be denied for 6-12 months. I'm willing to bet my last £ that at the moment you cannot travel to the US at all.

When you were denied entry to the US what did they put in your passport? Does the stamp have any annotations or writing on it?

Marocco

She has been denied entry. As a result, she can never use ESTA again.

Michael

I suspect that shouldn't have any effect when applying for a derivative E2 visa since you didn't enter the US illegally or overstay.

raf rose

the guy at the airport said i can never travel on esta now cuz i got married in US and then i had an email of esta cancellation.. the stamp says US department of home and security Customs and border protection refused in accordance with IMA section 217 and then the another stamp which is smuged and only the date cud be seen which is in red...