E2 Visa and Green Card through Marriage

The E2 visa is a non-immigrant visa for investors purchasing an existing business or establishing a new business in the United States. If you are a British citizen and currently residing in the UK, you may be eligible to apply for an E2 visa and if you are from another country you may also be eligible, if your country has a treaty with US.

To qualify for an E2 visa the investment must be substantial and the investor must demonstrate that the business in which they are investing will generate more than enough income to support the investor and their family and contribute to the economy. The business must be fully operating business as the applicant must prove that they will be actively engaged in developing and directing the business and invested funds must be of the investor.

E2 visa applicant must demonstrate that:

• There has been and will be a substantial capital investment in the US.

• Risk Capital has been Committed, the investment must entail some risk to the investor. The cash invested is not marginal when compared to the total investment there debt is secured against other assets of the investor, it is considered to be at risk, and may be considered as part of the equity invested. The enterprise will be active.

• In order to be directing and developing their investment, the investor will require an enterprise that involves active management.

• The treaties envisage more than just creating a job for the principal investor, but there is no requirement to employ a particular number of US citizens.

• The investor has a past history of successful trading

• That the principal investor, and any other E2 staff, are able and willing to leave the United States upon termination of their E2 status.

Getting married to a U.S. citizen or lawful permanent resident can allow you to get a green card, but you must satisfy the requirements that the marriage is a bona fide marriage, one in which you love each other and share your lives together. The processing of a green card through marriage takes about 1-2 months for an approval.

To get a green card through marriage the US citizen or permanent resident must file a form 1-130 petition the spouse to be classified as an immediate relative. After the form 1-130 application has been approved, the spouse may file an application to adjust his/her status to that of a permanent resident if he/she has been in the United States. If the spouse was in his/her home country, he/she enters the United States where upon he/she holds the permanent residency.

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