Skip to content
MERCIER · E-2 FIELD GUIDE

Should I file before the lender disburses under the new terms?

Sources checked:

THE DIRECT ANSWER

Review the terms actually in effect and degree of commitment before choosing a date. A traceable disbursement can clarify evidence, while other commitments may need case-specific analysis. Do not present financing as settled if its security or release remains unresolved.

Sequence the filing against the closing

Set milestones: final security documents executed, funds released, expenditures made or irrevocably committed, and the plan reconciled to the actual figures. Then decide the filing date. Remember that a visa's validity period is not the same as the period of stay recorded on admission, so plan the business calendar around the authorized stay rather than the visa foil. Canadian citizens generally need an E visa, so include the consular step in the sequence. If the lender moves again, revisit the sequence instead of forcing the original date.

Agree in advance what happens if consent slips: extending the outside closing date, renegotiating the escrow release, or withdrawing. Ask the closing lawyer to draft the escrow so that the sole release condition is visa issuance, with a refund clause if the visa is refused. The consulate needs to see the ownership and control terms as they will exist, so the operating agreement, the purchase agreement and the escrow should be signed first, with closing conditioned on visa issuance.