Married and Divorced after I-130 Approval

[Boiler 45,820]

EB5 may be a better option

[jan22 3,056]

8 hours ago, KrisF78 said:

Yes it is ... and the immigration attorney i saw years ago said i could apply for an E2 and once/if granted i could apply for my greencard afterwards while working in the US. Just wondering since it was my fathers business and he is retiring soon if he can sign it over to me or do i need an initial investment amount as a deposit? (which i have)

 

Maybe i should start another topic for E2? Sorry again im new to this site.

You would need to make a real, "substantial" investment into the business that would need to cIearly demonstrate you own at least 50% of the business. This would include showing the source of the funds, so it can't just be a paper transfer between you and your father.  Nor can he just plan to return your money after you get the visa, as your funds have to remain "at risk" if the business fails.  There are several other requirements, including -- most importantly in your case -- an intention to depart the US upon termination of E2 status.  You clearly do not have that intention.  Concealing your true intentions for the investment (if you planned to make it an "on-paper" only investment -- not saying that's the case, just pointing out the requirement) and/or your actual clear immigrant intent at the time of the visa interview would be considered misrepresentation and will almost likely come back to bite you in the future. 

 

Look at https://www.ustraveldocs.com/au/au-niv-typee.asp and you will see how difficult it would be to even try this path, especially with plans to use it as a springboard to adjust your status.

 

Your previous I-130 is null and void because of your marriage -- which you should not even think about trying to conceal.  The other process you've brought up would require you to conceal your true intentions of immigrating -- again, something you shouIdn't even think about.  IMO, you would be better served by ending a search for shortcuts and just file a new I-130 to start the process over again.  It's where you are going to end up eventually, so starting sooner, obviously, means approval sooner.