zarazen

Hi everyone,

I have an E2 visa for the USA. I was granted this in September. In October I got married and now we plan to emigrate in January. I'm trying to understand how to get my wife added to my E2 visa and there is so little clear guidance it's very frustrating.

I've searched and searched online and on these forums and THINK I know what we need to do but just hoping someone who has been in this position could reassure me or correct me?

I think my wife needs to complete a DS160 in the UK (which is where we are right now) and then attend an appointment at the embassy with proof of my visa and our marriage etc.

Once granted I think we then can go to the USA and she can apply for work permission (aka EAD) via the i765 form and fee.

Would much appreciate any guidance!

Thanks!

civilservant

Sounds like you are very aware of the process already tbh!

Pulaski

I agree.

zarazen

Yea as mentioned I'm honestly just looking for reassurance from someone who has done this that's it correct. Ive not actually found it written anywhere that the DS160 is correct I'm taking an educated guess.

We don't have much time to sort it all out so I fear going through the rigmarole of these forms only to get to the appointment and be declined for not having done something.

zarazen

So are these steps correct do you know? I mean i THINK it's right but I'm just guessing at it based on clues found in vague guidance. They (the USCIS) seem pretty unforgiving if you follow the wrong process

Noorah101

The steps are correct.

Rene

zarazen

Just in case someone stumbled upon this thread later I want to confirm that the steps I listed above are indeed the correct steps and we successfully followed it through with my wife getting her E2 derivative granted.

1) Get your passport photos (US size!) along with a digital copy (for the DS160)
2) Complete the DS160, listing yourself as an E2 spouse
3) Book your appointment (uk.usembassy.gov/visas/visa-information-services/nonimmigrant-visa-appointments/)
4) Take along your physical photos (in case they didn't like the digital one) along with what they advise you to take in the confirmation email (confirmation of the booking, DS160 confirmation page, passport, photocopy of the principal E2 visa and photo page, marriage certificate)
5) You can't take large luggage or laptops into the embassy but bring a book or tablet because it's boring, when you get in there will be loads of kiosks like a bank and you'll get called up twice. First time they'll check you have all the relevant papers and second time they'll ask you the most basic questions to ensure you're married to the principal visa holder
6) Pay your fee at the embassy (note that you don't need to pay for it beforehand like some other visas)

In summary it's very different i.e. MUCH easier to sort than the main E2 visa for the principal.

When you get to America you should complete an i765 for work authorization AKA an 'EAD'. Couple of points on this:
1) It can ONLY be filed in the USA, so can't do it from the UK unfortunately
2) Thanks to a legal case a while back it is technically not required in order for the spouse to work but the USCIS is being coy about it and so pretty much every legal firm will advise you get the EAD just 'to be on the safe side' (easy for them to say as they don't need to fork out $400 for it). Rest assured that with an E2 spouse visa you can actually pass the employment checks without an EAD provided you have got your SSN and a marriage certificate.

Some bed time reading on point 2 if you want to fight someone about it:

The following is guidance from the Social Security Administration on the topic of whether an E2 derivative requires an EAD (employment authorization document).

secure.ssa.gov/apps10/poms.nsf/lnx/0110211420!opendocument

It’s a long document so I’ve snipped the relevant parts:

Some non-immigrants have employment authorization by virtue of their DHS-assigned class of admission (COA or alien classification) while other non-immigrants may have employment authorization but only with specific employers. See RM 10211.420G.1. in this section.

It is important to distinguish non-immigrants with employment authorization from non-immigrants without employment authorization and know what document(s) establish employment authorization.

1. Aliens employment-authorized without specific DHS authorization
The following chart lists, by COA code, non-immigrants authorized to work in the U.S. without specific authorization from DHS…

For COAs displaying a double asterisk (**) (non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization.

When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he or she must submit, in addition to evidence of lawful alien status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document. The marriage document must indicate the marriage occurred, either: 1) prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant; or, 2) prior to extension or change of status to an E-1, E-2 or L-2 non-immigrant.

Class of Admission
E-2* - Treaty investor (principal)
E-2** - Spouse of principal E-2

The alien must submit either:
• an EAD (Form I-766) showing “A-17” under Category; or
• evidence other than an EAD that proves the E-2's lawful alien status (e.g., I-94) and a marriage document as evidence that he or she is spouse of the principal E-2 alien.

The only conflicting source of information on this comes from the USCIS website. Note though it’s phrasing is ‘may apply’ not ‘must apply’. In the last section of this official USCIS guidance note the use of ‘may’ and ‘employer could use’

uk.usembassy.gov/visas/spouses-children-partners-e-visa-holders/

Spouses, Children & Partners of E-1 & E-2 visa holders
Home / Visas / Spouses, Children & Partners of E-1 & E-2 visa holders
Spouses and children under the age of 21 who wish to accompany, or follow to join, an E-1 or E-2 visa holder may apply for derivative E-1 or E-2 visas. They need not hold the same nationality as the E-1 or E-2 visa holder. Please see 9 FAM 402.9-9.
If the family members are in the United States and are seeking a change of status to, or extension of stay in an E-1 or E-2 dependent category, they may apply to the U.S. Citizenship and Immigration Services (USCIS). Spouses who wish to work may apply for work authorization by filing the form I-765 with USCIS. If approved, there is no specific restriction as to whether they may work. Please visit the USCIS website at www.uscis.gov for further information….
9 FAM 402.9-9 SPOUSE AND CHILDREN OF E VISA ALIENS
(CT:VISA-374; 06-06-2017)
a. Entitled to Derivative Status: The spouse and children of an E visa alien accompanying or following to join the principal alien are entitled to derivative status in the same classification as the principal alien. The nationality of the spouse and children of an E visa applicant is not material. The spouse and children of an E visa alien receive the same visa validity and number of entries, and are required to pay the same reciprocity fee, if applicable, as the principal alien, as listed in the reciprocity schedule for the principal alien's country of nationality….
d. Employment by Spouse of E Visa Aliens: INA 214(e)(6) permits the spouse (but not other dependents) of a principal E nonimmigrant to engage in employment in the United States. The spouse of a qualified E nonimmigrant may, upon admission to the United States, apply with the DHS for an employment authorization document, which an employer could use to verify the spouse’s employment eligibility. Such spousal employment may be in a position other than a specialty occupation.

Hope this helps future weary internet researchers down the line

KK85

This is very useful for future E2 derivative visa applicants with queries - thank you for coming back with an update, and for the thorough post!

Good luck for the move next month, and congratulations to you and your wife.

zarazen

Thank you! Legal help is stupendously expensive and shouldn't be needed for what is essentially a relatively simple process. Just so annoying that online guidance is vague and patchy! Trying to solve that for someone down the line!

S Folinsky

The E-2 dependent visa is pretty straightforward. The only caution is that it potentially opens up the principal E visa holder to examination.

The discussion of EAD's appears to me to be problematic. Please note that the Social Security people are issuing guidelines for their own use.

One needs to look at the Immigration regulations. Also, the immigration provisions have a two pronged approach - authorization to work and the documentary requirements imposed on the employers.