I have E2 Status, but I am not able to get E2 Visa!

A

Amy2

New Member
Hello, my husband is a dentist who applied for an E2 status (after having H1b) when he decided to purchase a clinic.. and it was approved so we both got E2 Status.. He is Canadian, and I am German.. We left the US for an urgent family problem, and came back without a visa, he was admitted to the US as an E2 status holder (since he is Canadian, although they usually ask for visa!), but they told me I must have E2 Visa, and they allowed me to enter on Visa Waiver Program (VWP)... And now, the seller changed his mind, and no longer wants to sell the clinic, the papers are old to be submitted to the US embassy in Toronto to get the visa.. after less than 90 days, I left to Toronto to get a Tourist Visa, but they denied it .. but thankfully, they gave me a new 90 days to stay on my VWP when I came back ... and now I have less than 2 months! I have 2 US citizens kids (2.5 yrs and 10 months) .. I have no idea what to do!! I'm not sure about the options that I have.. What will happen if I overstayed.. they didn't give me the i94 or i94w .. so how can they tell when I leave the US? Any options that anyone can suggest? I am really depressed ..

Thanks,
Amy
 
Sorry, but your story is confusing...lets see if I understand:

You both had E2 visas (he owned the business and had the E2, yours was a E2 derivitive visa for spouses, I assume)

You left the US with a valid visa? How long were you gone? Did the visa expire while you were gone?

Did you reapply for an e2 but not include you in the application? How did he get back in but you didnt? You would be eligible for an E2 if he has one.

In either case, if you no longer own the business, you have no valid E2 and therefore no legal status in the US. With no I-94 card, immigration may not 'techinically' know how long you've been here but you will no way to live and work legally and would be considered an illegal alien.

Your US born kids are of no consequence. ( I have two myself) They are US citizens but cannot sponsor you for legal status until they are 18.

If you overstay, you could be banned for 10 years or possibly more. Be careful.

I would contact a good immigration attorney immediately and they will advise you on your choices. Now is not the time to save money. Hire someone soon!
 
The minute you don't have a business you both have to leave within 14 days. Both your visa's are officially not valid without the business being in place. That is why your husband and you should have gotten a stamp valid for 2 years so they can check if you still have the business and than you can re-enter for another 2 years. The E2 is for the most for 5 years and can be renewed.

As the previous poster stated you should have gotten your E2 as well as spouse and would be able to work else where, if that didn't happen than you were not included in the application or a mistake was made...

You need a good lawyer, and good luck.
 
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