Ray7272

Hi,
I couldn't figure out how to create a new topic so I am posting my question here.
I'm applying for an E2 visa for myself and 2 children. My spouse has a green card and is recently moved to the US. Is there any reason they can deny a visa since my wife is a US green card holder? I have put the money in an escrow account and am ready to operate the business. It employs 9 people and is poorly managed. The Business plan is solid and we're confident we can turnaround the business. Appreciate any guidance.

scrubbedexpat099

I assume you have also had this chat with your Lawyer who will of course know the full details, there can always be something but assuming the application meets all the requirements for an E2 then you should be OK.

Noorah101

Hi Ray7272,

I created a new thread for you.

Rene
Moderator

Ray7272

scrubbedexpat099

I doubt a LPR Spouse or a USC Spouse would be an issue, I would be more focused on the rest of it.

retzie

Does your wife plan to stay in the US long-term? The powers-that-be tend to presume the 'permanent' part of 'legal permanent resident' will be taken literally, so I can see this possibly raising questions. Do you intend to leave as a family at the end of your E-2?

Ray7272

Ideally she'd want to become a citizen and that will take another 5 years. But we're flexible as a family. I mean we're also open to the possibility of her surrendering the GC if the officer has to be convinced. But the preference would be to just get the E2 and move.
Since she's already in the US, I will apply for myself and 2 kids and not for her. The lawyer said I can't file for her as she's a resident already.

Nutmegger

One thing that isn't totally clear -- are your two children with the LPR spouse?

Ray7272

No. The children will be on E2, ages - 12 and 4.

scrubbedexpat099

E2's can be renewed indefinitely btw.

civilservant

How long have you been married? Why didn't you get a Green Card as a derivative of your spouses?

Ray7272

scrubbedexpat099

How I am getting confused.

She had a GC

She has not been in the US for 15 years.

How did she maintain the US as her Permanent Residency?

Nutmegger

Rete

I know these questions have nothing to do with your original question, but your info on your wife's green card status has many of us wondering how and why and when she received a green card, why she received a green card while not living in the US (lottery perhaps???) and why she never lived in the US after receiving it, how she was able to apply for an extension <???> to stay outside of the US for nearly a decade without losing her residency status, why the children didn't get green cards at the same time as their mother (if she is their mother that is) and why you weren't included in her initial green card petition if you were married to each other at the time.

While there are some here who read the USCIS laws, most of our knowledge comes from the experiences of others. To me, at least, you and your wife's experience with her green card is a scenario I've not seen before and I'm just trying to understand.