E2 questions...

[gemmii 0]

Hi Guys,

me and my boyfriend as investing in a business in the US, do you know whether we can do so as co-investors?

also we have been told we can pay an initial investment and have a contract drawn up for further investments from us over every year.

has anyone completed it this way?

also we are based in the UK and will be going to the embassay here...

thank you for your help!

[Boiler 45,753]

You can certainly go in jointly.

There is no need to make continuing investments from a visa perspective.

[gemmii 0]

well thats good news.

our initial investment is not that significant and we have been told that we need the contract to show we will invest over the 2 years of the visa. apparently this will help with the approval of the visa?

[Boiler 45,753]

Unlikely, the funds have to be committed to get the visa. Usually if you are purchasing for example that would mean being held in ESCROW subject to the visa being issued.

I have bad feeling just based on what you have posted so far that you are being set up for a scam.

Florida and E2's are famous unfortunately for this. I am guessing about Florida.

[Harsh_77 718]

If you are investing for the visa purpose, then you should consult an immigration lawyer. E2 is kinda tricky and does not have fixed amount as investment. Based on nature of business the investment amount varies.

For Example if your total investment is 50 k you cannot do where you will do 25k and your bf will do a 25k , it would be considered as just individual 25 k investment and not a joint investment.

US govt does not recognize BF GF relation, spouse can be different story.

Edited April 11, 2011 by Harsh_77

[sareliza22 1]

Provided that the enterprise is at least 51% owned by nationals of the treaty country (in this case the UK) then you can invest as co-investors. I do not have enough information to comment on the nature of your agreement providing for further investments on a yearly basis but in order to qualify for the E-2 visa you will need demonstrate that the sponsoring enterprise is an active, substantial, non-marginal, controlled, and at-risk investment. Furthermore, the investment must be sufficient to ensure the successful operation of the enterprise and may not be speculative or idle. The E-2 is fairly complicated, both by regulation and application, so make sure that you know all of the nuts and bolts before you commit your funds.