bhavesh1984

HI Everyone,

You may well know who I am as I already have received a 214b denial on my ATM Franchise Investment. After seeking professional help I've decided to still pursue the ATM Franchise as it is a profitable business.

Just a quick recap, I plan to make a total of $208,000 as the investment of which I have now utilized $128,000 which equates to 61% of investment capital. There is still $80,000 remaining in the business account, however I cannot use this capital because $70,000 of that will be used as 'Working Capital' which basically means I will be placing that cash physically into the 10 ATM Machines once business commences. I've also done research into an Escrow account and because I will transacting business in Houston, Texas its not actually legally allowed for me to set up an Escrow Account to place in $70,000 into escrow to then have it disbursed back to my company to use as working capital once my E2 Visa does get granted as it would ultimately mean I am creating an Escrow with myself. I mentioned earlier I have $80,000 left in my business account which $70,000 is working capital and the other $10,000 will be for licensing, legal costs, utility bills for the commercial space, office supplies for the year and misc therefore it will be used up during the business year.

Since the denial I have made these changes:

1. Have purchased 10 ATM Machines directly from the franchise at $50,400

2. Tweaked the business a little to demonstrate a good 15% net margin in year 1 and working up to 30% in year 5 (by this I mean shown a realistic commercial lease cost which was way more on the first business plan where as now its consierably less which ultimately will add to the bottom line net profit, and its clearly demonstrable as I have a signed commercial lease exactly stating the commercial lease cost per calendar month) and carried out extensive market research into 20 locations with attaching why I chose that location and also backing it up with demographics and average foot traffic in that location for each of the 20 locations and all this data has been added into the business plan.

3. Have put stickers on the commercial truck and taken pics to demonstrate its strictly for commercial purposes.

4. Taken a place to rent in UK and got a job and placed my son at a nursery which should show 'strong ties to UK' (all of these things I have documents to provide as evidence)

5. Written a spreadsheet clearly stating what the total investment is and what has been utilized (with all the investments above the total capital invested is 61% of the total investment)

6. Paid up the commercial lease for the whole year which reflects on the bank statements.

I would also like to mention I have tweaked the business plan in any such way that would seem unreasonable in terms of potential earnings for the business, anything that I have changed can be backed by clear paperwork

From all that is stated above I would appreciate any feed back on what you guys feel is my chance of approval this time or is there anything that can be done to improve my case.


Thank you
Bhav

Noorah101

I'm not very familiar with E2 visas, but just curious....you have to show strong ties to a country outside the USA? (Titre point #4)

So I take it you'll be keeping your rental place in the UK while you're in the USA? And your son won't be coming to the USA with you? What about your current job you say you just got, how will you manage to keep that while living in the USA?

Rene

bhavesh1984

Hi Renee,

My apologies should have been a. It clearer. Myself my wife and my son are all coming with me to the USA once approved. I've taken the rental place and placed into nursery as well as a job to show stability in UK and strong ties all of these things can be terminated with the notice given.

Thanks
Bhav

Noorah101

Exactly...they can easily be terminated...so how exactly is that a strong tie??

Rene

bhavesh1984

They can be terminated as with anything job or rental contract. I've had a discussion with my lawyer as well and he says this is fine as there is. I other way to demonstrate ties other than buying a property which I can't do at this point in time.

Ties to U.K. Wasn't really the reason for my denial just thought it would make the case stronger as it shows stability. Ultimately I would want to pursue my business in US but I don't really want to show that I've just been sitting around using money and been in employed for the last year or so

Thanks
Bhav

bhavesh1984

Clarification to the above reply

They can be terminated as with any job or rental contract. I've had a discussion with my lawyer as well and he says this is fine as there is no other way to demonstrate ties other than buying a property which I can't do at this point in time.

Ties to U.K. Wasn't really the reason for my denial just thought it would make the case stronger as it shows stability. Ultimately I would want to pursue my business in US but I don't really want to show that I've just been sitting around using money and been unemployed for the last year or so, also when i applied the last time I was staying with relatives and unemployed. Now Ive got my own place and in a job I'm sure that would count for something, or have I judged it wrong?

Thanks
Bhav

ian-mstm

What will you do with them if/when the visa is denied? Can you get your money back?


What's your Plan B if this doesn't happen?


With respect, this doesn't actually show strong ties to the UK.


The evidence is useless if the concept is flawed.


This might be useful.


This might be useful.


So... you "tweaked" the paperwork also?


I can't put my finger on it, but it seems you've put the cart before the horse. You've invested a considerable amount of money to prove you're serious about this... but haven't considered that the whole plan may still be flawed!


Your lawyer won't be the person making the decision.


You wrote that you got a 214(b) denial... so lack of ties was part of the reason for the denial.


From where I sit... it doesn't. It simply makes it appear as though you're trying to demonstrate stability without actually having stability.

Everything you've done so far demonstrates that you have no strong ties to the UK. You've invested money in the US. You've put together a business plan that you hope will be acceptable. You've paid a lease for a year on property in the US. All of this demonstrates that you have very few ties to the UK.

I'll be honest here - I don't see that you've made a strong case for getting the visa. It would have been better to save your money rather than spend it without ever knowing whether or not you'd get a visa.

Ian

Noorah101

If the reason for your denial was not because of lack of ties, personally I wouldn't go out of my way to create ties that can obviously be broken. But I'm no expert, and if your lawyer thinks this is a good idea, then maybe the there's something I'm unaware of.

Rene

bhavesh1984

Hi Ian,

thanks for your input please see replies below:


Re: Re applying E2 Visa
Quote:
Originally Posted by bhavesh1984 View Post
1. Have purchased 10 ATM Machines directly from the franchise at $50,400
What will you do with them if/when the visa is denied? Can you get your money back?

Yes everything I have made payments on are 'subject to approval on E2 visa'


Quote:
2. Tweaked the business a little to demonstrate a good 15% net margin in year 1 and working up to 30% in year 5...
What's your Plan B if this doesn't happen?

Well the Plan b is an entirely new investment for me as realistically bhe business will have failed, having said that previous franchisees and current data shows numbers close to this or very similar


Quote:
4. Taken a place to rent in UK and got a job and placed my son at a nursery which should show 'strong ties to UK'...
With respect, this doesn't actually show strong ties to the UK.

I suppose i could just leave it out my application as it won't really help my case, it shouldn't ultimately matter as the officer didn't deny me on ground of 'strong ties' but rather on the grounds of no substantial investment and 'intention of business' i.e. signed contracts but i can't sign anything or have contracts in placenta, i get an E2 visa to allow me to legally work in the Us and also the franchisor will not allow it either as it would be illegal


Quote:
... all of these things I have documents to provide as evidence...
The evidence is useless if the concept is flawed.


Quote:
5. Written a spreadsheet clearly stating what the total investment is and what has been utilized (with all the investments above the total capital invested is 61% of the total investment)
This might be useful.



Quote:
6. Paid up the commercial lease for the whole year which reflects on the bank statements.
This might be useful.


Quote:
I would also like to mention I have tweaked the business plan in any such way that would seem unreasonable in terms of potential earnings for the business, anything that I have changed can be backed by clear paperwork
So... you "tweaked" the paperwork also?

No tweaking of paperwork to show manipulation just official receipts and documents to show real figures and what I've actually invested so far


Quote:
From all that is stated above I would appreciate any feed back on what you guys feel is my chance of approval this time or is there anything that can be done to improve my case.
I can't put my finger on it, but it seems you've put the cart before the horse. You've invested a considerable amount of money to prove you're serious about this... but haven't considered that the whole plan may still be flawed!


Quote:
I've had a discussion with my lawyer as well and he says this is fine...
Your lawyer won't be the person making the decision.


Quote:
Ties to U.K. Wasn't really the reason for my denial...

You wrote that you got a 214(b) denial... so lack of ties was part of the reason for the denial.

No it wasn't part of the reason as the officer denied me on the two points already mentioned above


Quote:
... just thought it would make the case stronger as it shows stability.

Thanks
Bhav

ian-mstm

Do you understand that "no substantial investment" isn't the same as spending money up front? It means the actual investment isn't worth much. It doesn't mean that you haven't put enough money into the investment.

Ian

bhavesh1984

yes i understand what substantial investment means, at the time of submitting my e2 application i had only shown vehicle investment of 43,000 dollars and franchise payment of 25,000 dollars since then I've paid the commercial for the whole year and invested in 10 machines which brings up my capital invested to 61%. There is no other cash that be possibly used as whats left is working capital and money to be utilized over the year to run the business. so i will have 80,000 dollars left in the business account.

bhavesh1984

i meant I've paid the commercial lease for the whole year up to June 2017

Noorah101

So 7/8 months, then.

Rene

bhavesh1984

No it will be 12 months as I've been paying periodically, i started the lease in June 2016

Noorah101

First you say you know what it means, then you list everything that Ian says it isn't.

I'm not putting much faith in an approval.

This lawyer that's helping you now...is it the same one that helped you the first time around?

Rene