Giving Me Hard Time to Get E-2 Visa

business man · #1 (**permalink**) 24th August 2008, 12:25 PM

Hi everybody, I need your help about this issue.

I have been in the USA for 8 years. I graduated from college as a Computer Programmer. Later, I decided to open my own business. I opened my business last year in August. I came back to my home country 6 months ago to see my family and to get E-2 Visa. But, while I was in USA, I was approved for I129 PETITION FOR A NONIMMIGRANT WORKER (I paid alot of money to my lawyer for this proccess).

I set up my visa appointment in March 2008 in Turkey. All they wanted from me was papers about my company (contracts, rents, inventory, employees info, info about 3 of my locations). I gave them everything I had and they gave me different date to come back for interview which was about 1 month. After 1 month, I went to Consulate again for interview, but for some crazy reason they didn't give me the visa. They told me that I could apply again after I take care of the crazy reasons that they gave me. Well, I had all paper in my hands again and I solved all the problems they told me. I set up another date on May 2008. They wanted more documents from me (employees info), I sent them all the info they wanted about my employees. After 1 month, they they called me again and told me that they want current bank statements of my company. I sent them all of the bank statements about 2 months ago. But, now they are telling me that they don't have the bank statements. I told them I had UPS Tracking number which shows who got my papers, but they don't even listen (they are telling me to send the papers again).

Well, These people are giving me very hard time. Everytime, they want extra documents from me, it takes at least 1 month to get back to me. I call them almost everyday, but they are not telling me what the status is at all. I have applied for this visa for about 3 months now, and I am still waiting for an answer. When I call visa department, they are telling me that they are very busy and they want me to call them back later.

I haven't done anything wrong....I haven't even gotten a speeding ticket while I was in USA......I graduated from a college and worked for a well-known company for about 7 months..... But now, I am losing thousands of dollar every week because I can't taking care of my business.

WHAT HAVE I DONE WRONG FOR NOT TO GET A VISA???

Can anybody advise me something? Thank you all for your help in advance...

twostep · #2 (**permalink**) 24th August 2008, 02:19 PM

Waht are the "crazy reasons"?

Fatbrit · #3 (**permalink**) 24th August 2008, 02:57 PM

Quote:

Originally Posted by business man

WHAT HAVE I DONE WRONG FOR NOT TO GET A VISA???

We do not know whether your business would qualify for an E2, especially in terms of initial investment and employees. In addition, consuls seem to have an aversion to folks changing to E2 status in the US without getting a visa first. You're really stuck between a rock and a hard place on this one.

business man · #4 (**permalink**) 24th August 2008, 03:10 PM

Well, Crazy reasons are: 1- I owned the company 50/50 with my partner. I put more money into my business than my partner did and they thought that this was a problem. 2- They wanted me to have business plan (I've already shown them what locations we were going to get for years 2009 and 2010. 3- They wanted to know how much of the money that was transfered from Turkey to our business account was spent on business and how we spent them. These were the reasons that they refused to give me visa.

Well, after they gave me these 3 reasons, I got all of the company under my name, so now I own 100% of the company. I also prepared a business plan and showed them where I spent the money that was transfered from Turkey.

Bevdeforges · #5 (**permalink**) 24th August 2008, 03:31 PM

One other consideration - you said you were in the US for 8 years. What sort of visa(s) were you on during that time? Perhaps there is something about the convertability of your previous visas that is causing you problems (or at least causing the consulate to request all the extra information).
Cheers,
Bev

business man · #6 (**permalink**) 24th August 2008, 04:41 PM

I was on F-1 Student Visa. Well, don't you think they would have told me if it was the problem with my F-1 Visa? I applied 3 times for F-1 and never had any problem.

twostep · #7 (**permalink**) 24th August 2008, 08:37 PM

So you were enrolled in school three times?
Did your business venture comply with the restrictions of your F1 visa?

business man · #8 (**permalink**) 24th August 2008, 11:25 PM

Well, I went to English school first. Then, I started a comminity college. After that, I transfered to University. My first visa was issued in Turkey. And, second and third were issued in Canada. But, I didn't have a single problem. I don't think my F-1 Visa effected my E-2 visa because they didn't even question me about it. They just asked me which university I gradueted from.

RICHNTRISH · #9 (**permalink**) 25th August 2008, 07:07 AM

Hi ,
So are you now stuck in Turkey or have you managed to return to the US ?
How many US citizens does your business employ ? and if you are stuck in Turkey is it these employees that are now running the business ?
What sort of business is it ?

Bevdeforges · #10 (**permalink**) 25th August 2008, 09:07 AM

Quote:

Originally Posted by business man

I don't think my F-1 Visa effected my E-2 visa because they didn't even question me about it. They just asked me which university I gradueted from.

I wouldn't be so sure. Your prior visa records are the part they have perfect access to - they don't really need to ask you about it.

When I was in business school, we had a very popular professor who had come over to the US from Turkey on student visas under the Fulbright program. While in the US he met and married an American woman, finished his PhD and got a position at the university. INS came after him because he didn't go back to his country after completing his studies (not sure whether it was a condition of his visas or a condition of the Fulbright program). There was apparently a requirement that he go back home for at least a couple years before he would be eligible for another visa (even a spousal visa).

He had to get a US Senator to intervene on his behalf - based on the grounds that, by deporting him, the government was forcing American citizens (i.e. his wife and kids) to go to a country where there was a significant risk for Americans (this was a few years back when the political situation in Turkey was a bit more chaotic).

Not sure how any of that helps you, other than the notion that it could well be your student visas that are causing you problems or at least raising the question of what your "real" intentions are.
Cheers,
Bev