After selling The Birchwood Inn in Temple, former owners Nick Finnis and Andrew Cook, originally from England, have 60 days to leave the U.S. following a change in their immigration status due to the sale.
After selling The Birchwood Inn in Temple, former owners Nick Finnis and Andrew Cook, originally from England, have 60 days to leave the U.S. following a change in their immigration status due to the sale. Credit: Staff photo by Tim Goodwin—

It’s been a tough week for Nick Finnis and Andrew Cook. Selling their longtime Temple business, The Birchwood Inn, means the British couple is losing their immigration status and must leave the country.

“A lot happened in 15 years,” Cook said. “It’s hard to imagine it’s been 15 years.”

They purchased The Birchwood Inn in 2004 to live out their version of the American dream after living in the United Kingdom all their lives. They had to come to New Hampshire for a wedding two years prior and knew the region was for them.

“We just fell in love with the area” Finnis said.

“It’s such a quintessential New England town,” Cook added.

This week, they sold the property to Temple residents Matt and Amy Cabana.

“It’s going to someone in town that loves the town, so that has helped,” Finnis said.

Now they must leave the U.S. within 60 days. They knew they were ready to sell the Inn and move on to the next adventure in their lives, they said, but they don’t want to leave the U.S.

“If I could have citizenship tomorrow, I’d put my hand over my heart and pledge [allegiance to] the flag,” Finnis said. “This is my home.”

Finnis and Cook have lived in Temple for the last decade and a half, entrenching themselves as members of the community and reinvesting Inn profits into the property. Now that the couple have sold The Birchwood Inn, they are no longer allowed to stay in the country on their I-94 immigration status, which was tied to owning and running the business.

Saturday was their last day operating the London Tavern and on Tuesday, with the finalizing of the purchase and sale agreement, they ended their time as innkeepers.

It was hard to say goodbye to their faithful customers and dedicated staff, and their home for the last 15 year, they said.

They were married behind the inn and made countless friends. They had to find a new home for their dog and pack up their lives without a real destination set.

They are renting an apartment in Dover for the next two months and plan to make their way to Canada in hopes of finding their next stop on their “great adventure.” Because right now, Finnis and Cook aren’t quite sure where they will end up. They have four nights booked in Nova Scotia and that’s it so far. If they like it there, they will stay, if not, they will get in their car and keep going until they find their next home.

Since the very beginning, Finnis and Cook have been dealing with immigration issues, after entering the country in 2004 on E2 visas. The visas are valid for a period of two to five years and can be renewed with two-year extensions as long as you maintain the necessary qualifications.

Getting the first one took longer than expected and then the first real hurdle came in 2007. As part of being in the U.S., Finnis and Cook had to obtain I-94 immigration status to legally be in the country. So when it was time to renew, they both did so, unaware that they also had to get approval for extensions on their visas.

“We thought we had renewed our visas,” Cook said.

In order to reapply, they were required to go back to England to do so. Since they were running a business, Finnis stayed in Temple while Cook went back to England. And much to their surprise, he was rejected and forced to stay for six weeks while it all got figured out. Numerous people in the town and state wrote on their behalf, including New Hampshire politicians.

The reason for the rejection, Finnis said, was “for not making enough money.”

“We had to prove it was not a marginal business,” Cook said.

They went back in April of 2009 to reapply and were rejected again. Fortunately, their visas were valid through August of that year so they boarded a plane for the states – although unsure if they’d be turned around at the airport.

“It was the longest seven-hour flight I’ve ever had,” Cook said.

Since then, Cook and Finnis have renewed their I-94 every two years, but not their E2 visas, which meant they could no longer travel outside the country in fear of not being let back in. They thought about reapplying, but had been advised against leaving.

“You can’t ever breathe easy because it’s always coming up,” Cook said.

“You’re always at a risk they deny you,” Finnis said.

There have been bills proposed for E2 reform over the last five years, but as Cook put it, “nothing with immigration goes very far.”

And about six months ago, they decided it was time for a new chapter in life – knowing full well they would have the leave the U.S. soon after the sale was final. The last couple of years have been hard, especially after a head-on car accident left both injured, and they wanted something different. They just wish they could stay in the U.S. at the same time.

The couple said, multiple customers and friends have written letters to politicians in hopes of finding a way for Finnis and Cook to remain in the country after the sale, but have gotten the same answer – there is nothing they can do.

The pair said the major issue with the visas is that there’s a lot of gray area. They have been told it comes to proving that it’s a profitable – not marginal – business, but there has never been a clear answer as to what that means in a specific a dollar amount. They felt they had more than met the requirements, but each time brought more confusion as to what they could do. And while on the E2 visas, they could not apply for a green card.

They built a life for themselves here and thought they did everything the right way, they said.

“I know if we don’t leave in 60 days, we can’t come back for 10 years,” Finnis said.

If Canada doesn’t work out, they have other places they will look. Of course, they can go back to the U.K. and they also mentioned other locations in Europe, Northern Ireland or the islands of Jersey and Guernsey in the English Channel, off the French coast of Normandy. They can stay in Canada for six months as visitors and will look for work if they plan on staying.

“The world is our oyster, we can look almost anywhere,” Cook said.

When they decided to purchase the inn, it wasn’t at all in the condition it is now. They invested a lot in the property – about double what they expected initially. Finnis said it was an ugly duckling that used to be a swan.

“We felt she chose us,” Finnis said. “She’s got a couple of feathers missing, but she’s becoming a swan again.”

They added the London Tavern after seeing there was a need in town.

While the years have been taxing, it was worth it.

“We wouldn’t have kept fighting if this wasn’t important to us,” Cook said.

“We did everything by the books and it wasn’t enough,” Finnis said.