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VERCHÈRES · E-2 FIELD GUIDE

Should I file now with an explanation, or wait for the corrected contract?

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THE DIRECT ANSWER

That is a legal judgement about how central the conflicting clause is. A contradiction touching ownership, control or the commitment of funds usually deserves correction first. A minor wording difference may be explainable with a translator's note. Ask for a recommendation and the reasoning behind it, in writing.

Set milestones the counterparty can meet

Fix dates for the translator's final list, the counterparty's response, the signed amendment and the packet review, and treat a missed date as a decision point rather than a delay to absorb. Processing times are not guaranteed. Remember also that a visa's expiry date and the period of stay recorded on the I-94 are different things, and that E-2 assumes an intention to depart when status ends.

Before committing funds, ask what the contract says if a date slips: refund, forfeiture, extension, or an option to substitute. The commitment usually has to exist before the application can succeed, but committing without any conditionality means the money is gone whether or not the application does. The consular officer needs to see funds at risk on the interview date. Pause the filing narrative when the entity, ownership, escrow, lease or asset-use arrangement changes.