Entering the U.S with a B1/B2 visa before applying for an E2 visa

[JoyceW 0]

Hi,

My wife and I are planning establish a new business, hence, would like to obtain an E2 Visa.

We both entered the U.S with a B1/B2 visa (I am also from a visa waiver program country) in October and stayed in NY for a couple of weeks. Our visit purpose was to handle all the aspects of our new business formation (e.g. negotiating contracts, consulting with clients or business partners, seeing potential places for our business, etc.). We didn’t, however, provides honest information at the time of entry, and told the Customs and Border Protection officer we came for vacation purposes.

We would like to come back to NY during late December / early January to continue where we left off, then open the business somewhen near April and also apply for the E2 visa at a U.S. Consulate or obtain the E-2 Visa status in the U.S. with a “change of status.

We are afraid that next time we would arrive to the U.S, the CBP officer will refuse our entry.

I would appreciate if you could advise what is the best and least risky way to enter the U.S. again. Should we provide honest information at the time of entry, and indicate the truthful purposes of our visit? Should we say our visit is for vacation purposes (for example, for a holiday or a concert) again?

Also, does it matter where we enter the U.S from (i.e. are there specific states or airports where the CBP questioning is less scrutinizing and with greater chances of entry?)

Thanks in advance for your help in this matter

[millefleur 5,052]

If you change your status in the US after entering on the VWP, that would be visa fraud.

Nobody on this site can encourage you to misrepresent/lie about your intentions. It's against the Terms of Service. Be honest about everything from now on.

[JoyceW 0]

If you change your status in the US after entering on the VWP, that would be visa fraud.

Nobody on this site can encourage you to misrepresent/lie about your intentions. It's against the Terms of Service. Be honest about everything from now on.

Thank you for your reply.

I heard that 60 days after entering with a B1/B2 visa, it's possible to change the status.

Anyway, it's absolutely fine if you wouldn't like to encourage us to lie, but you can still suggest what are the best ways to enter the U.S. in out situation (after we visited there lately and are intending the apply for an E2 visa or change status).

Thanks.

[hateadminforms 19]

Hi,

My wife and I are planning establish a new business, hence, would like to obtain an E2 Visa.

We both entered the U.S with a B1/B2 visa (I am also from a visa waiver program country) in October and stayed in NY for a couple of weeks. Our visit purpose was to handle all the aspects of our new business formation (e.g. negotiating contracts, consulting with clients or business partners, seeing potential places for our business, etc.). We didn’t, however, provides honest information at the time of entry, and told the Customs and Border Protection officer we came for vacation purposes.

We would like to come back to NY during late December / early January to continue where we left off, then open the business somewhen near April and also apply for the E2 visa at a U.S. Consulate or obtain the E-2 Visa status in the U.S. with a “change of status.

We are afraid that next time we would arrive to the U.S, the CBP officer will refuse our entry.

I would appreciate if you could advise what is the best and least risky way to enter the U.S. again. Should we provide honest information at the time of entry, and indicate the truthful purposes of our visit? Should we say our visit is for vacation purposes (for example, for a holiday or a concert) again?

Also, does it matter where we enter the U.S from (i.e. are there specific states or airports where the CBP questioning is less scrutinizing and with greater chances of entry?)

Thanks in advance for your help in this matter

You need to refer to your local US Embassy - as for airport choice suggestions - this is outside the scope of this forum.

Nothing is known of your background, business purpose and legitimacy hence a visit to your local US Embassy and their visa and trade sections will sort it out for you.

[JoyceW 0]

You need to refer to your local US Embassy - as for airport choice suggestions - this is outside the scope of this forum.

Nothing is known of your background, business purpose and legitimacy hence a visit to your local US Embassy and their visa and trade sections will sort it out for you.

I apologize, but my "background, business purpose and legitimacy" aren't relevant. It's just an ordinary business, as well as legitimate.

I asked a very clear question. Does a person applying for an E2 visa, that has visited the U.S lately, can re-enter the U.S again with a B1/B2 visa, for the purpose of forming his business and as part of the process of applying for an E2 visa. Otherwise, what are the alternatives for entering the U.S.?

And from my own experience, referring to your local US Embassy won't do any good.

Thanks.

[millefleur 5,052]

I apologize, but my "background, business purpose and legitimacy" aren't relevant. It's just an ordinary business, as well as legitimate.

I asked a very clear question. Does a person applying for an E2 visa, that has visited the U.S lately, can re-enter the U.S again with a B1/B2 visa, for the purpose of forming his business and as part of the process of applying for an E2 visa. Otherwise, what are the alternatives for entering the U.S.?

And from my own experience, referring to your local US Embassy won't do any good.

Thanks.

You can't adjust your status on a B-2 with prior intent as that amounts to visa fraud. Sorry if that wasn't clear before. You would only be able to adjust status from a B-2 if some unexpected change of plans happened which lead you to adjust.

B-1/B-2 visas are for visiting. In theory, you can meet people and do business in terms of networking, but anything to do with payments/money on a B-2 seems very fishy. The general rule is: unless they ask you for details, you don't need to tell them. Answer questions honestly if asked, but there's no need to bring it up if they don't.

You'll have to apply for the E-2 at your local consulate/embassy in the country you reside in, as since you're already shown intent to immigrate, it wouldn't be allowed on a B-2 as explained above, i.e. fraud.

[Boiler 47,687]

E2 is a non immigrant category.

[millefleur 5,052]

E2 is a non immigrant category.

Whoops, if I got it wrong the mods can delete my posts. Sorry about that.

[KierenHby 900]

Hi,

My wife and I are planning establish a new business, hence, would like to obtain an E2 Visa.

We both entered the U.S with a B1/B2 visa (I am also from a visa waiver program country) in October and stayed in NY for a couple of weeks. Our visit purpose was to handle all the aspects of our new business formation (e.g. negotiating contracts, consulting with clients or business partners, seeing potential places for our business, etc.). We didn’t, however, provides honest information at the time of entry, and told the Customs and Border Protection officer we came for vacation purposes.

We would like to come back to NY during late December / early January to continue where we left off, then open the business somewhen near April and also apply for the E2 visa at a U.S. Consulate or obtain the E-2 Visa status in the U.S. with a “change of status.

We are afraid that next time we would arrive to the U.S, the CBP officer will refuse our entry.

I would appreciate if you could advise what is the best and least risky way to enter the U.S. again. Should we provide honest information at the time of entry, and indicate the truthful purposes of our visit? Should we say our visit is for vacation purposes (for example, for a holiday or a concert) again?

Also, does it matter where we enter the U.S from (i.e. are there specific states or airports where the CBP questioning is less scrutinizing and with greater chances of entry?)

Thanks in advance for your help in this matter

You're admitting to already lying once. Now you're asking if you should be honest the second time around, or lie one more time.

I don't think you should be admitted again on a B2 since you are not using the B2 for it's intended purpose. Apply for the correct visa in your country, and enter the US on THAT visa if approved!!!!!!!!!!!!!!!!!!!

[MA & SY 34]

Hi,

My wife and I are planning establish a new business, hence, would like to obtain an E2 Visa.

We both entered the U.S with a B1/B2 visa (I am also from a visa waiver program country) in October and stayed in NY for a couple of weeks. Our visit purpose was to handle all the aspects of our new business formation (e.g. negotiating contracts, consulting with clients or business partners, seeing potential places for our business, etc.). We didn’t, however, provides honest information at the time of entry, and told the Customs and Border Protection officer we came for vacation purposes.

We would like to come back to NY during late December / early January to continue where we left off, then open the business somewhen near April and also apply for the E2 visa at a U.S. Consulate or obtain the E-2 Visa status in the U.S. with a “change of status.

We are afraid that next time we would arrive to the U.S, the CBP officer will refuse our entry.

I would appreciate if you could advise what is the best and least risky way to enter the U.S. again. Should we provide honest information at the time of entry, and indicate the truthful purposes of our visit? Should we say our visit is for vacation purposes (for example, for a holiday or a concert) again?

Also, does it matter where we enter the U.S from (i.e. are there specific states or airports where the CBP questioning is less scrutinizing and with greater chances of entry?)

Thanks in advance for your help in this matter

well, I will talk about my experience just last July 2016. I have b1/b2 visa, at the same time I was applying for k1 visa. I was overthinking to deny my entry and effect my processes of k1 visa, based on my searching here on VJ that some people got denied and send them back home. All I can tell you my entry was so smooth with just asking me how long you will stay here? I said 2 weeks that is it. To be honest, I took the risk game because I wanted to see my fiance and her family, but if you will ask me I wouldn't recommend it unless to be ready for the negative side that might send you back home. it's all depends on the officer. LAX entry always cool and even they joke with you

good luck for you, i hope i could help you with my experience!

[JFH 12,195]

There is only one way to answer the questions posed by CBP officers at the point of entry. Truthfully.

[Penguin_ie 6,002]

***** as Op's question has been answered, and seems to be fishing for illegal info, this thread is now closed. *****