E2 and Spouse...

Old Jan 25th 2018, 1:39 pm
  #1  
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Default E2 and Spouse...

Hi all,

So I will be coming to the US with my company. They have told me they prefer to send people on an E2 visa (strange as I had assumed it would be an L1A, but they have done it many times so im going with the flow...).

I am not currently married to my long term partner. I understand that in order to come we will need to be, which we will sort out via a small ceremony in the next couple of months, before a proper "party" down the line after some more planning.

My question is, do I HAVE to notify my company and have them apply for my partners visa at the same time as mine? Or can we do it after mine is in the bag? The move may well come up very quickly and my partner cannot get his business's sorted in that time. We envisage he would move 2 to 3 months after I do all being well. I also wasn't sure if he'd be coming or not so I havnt broken this news to my company yet and don't want it to effect my move if they decide they don't want to sort his visa too for whatever reason.

Also, if it is possible to apply for his visa as my spouse separately, can he continue to travel under an ESTA to visit me during the process?

If it helps; neither of us have ever had a visa turned down, we have both travelled numerous times to the US (4/5times a year for the last 3/4 years under ESTA), his money for visa/ability to work for a few months does not matter as my income will be good enough and we both have additional incomes from the UK.

Cheers!
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Old Jan 25th 2018, 2:35 pm
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Default Re: E2 and Spouse...

Getting a derivative visa is simple and can be done at any time after your E-2 is approved. You can do it yourself without the company being involved.

My husband had already received an L-1 visa (for previous work trips) about 18 months before we moved to the US. When the relocation happened we got married, I filled in the DS-160 online and went to the US embassy in London with a copy of his visa plus a copy of our marriage certificate and they issued me with the L-2 without a problem.

The US Embassy website tells you what you need - https://uk.usembassy.gov/visas/treat...amily-members/

Last edited by Olly_; Jan 25th 2018 at 2:49 pm.
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Old Jan 25th 2018, 3:28 pm
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Default Re: E2 and Spouse...

I had exactly the same process as you except my reason for delaying my partner's application was slightly different (and not relevant).

My partner first came over on ESTA for a couple of months and went back for her interview seperately.

My advice however would be to submit your application together and goto the embassy together, simply because it's so much more efficient and having a visa just relaxes some of the restrictions you get on an ESTA.

In addition to that, to work, your partner will need an EAD card which takes some time to arrive after application (supposedly 90 days but rumour has it it's closer to 4 months now) - it's well worth getting that application in process as soon as physically possible. That means getting the visas as quickly as possible. Not doing this is something my partner and I deeply regret, despite similarly, my partner not needing to work.

In answer to your questions though: no you don't have to apply together and yes he can visit on ESTA but be wary of the restrictions and the possibility of getting a mean CBP officer at the border who might suspect he wants to overstay as his married partner is already here. Low risk, but possible.
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Old Jan 29th 2018, 9:57 am
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Default Re: E2 and Spouse...

Thanks for the replies, much help! Looking forward to the move once all the details have been finalised
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Old Jan 29th 2018, 10:37 am
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Default Re: E2 and Spouse...

Comment: as a non-immigrant visa, household members are eligible for B-2 visas. This includes unmarried "partners."
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Old Feb 2nd 2018, 9:12 pm
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Default Re: E2 and Spouse...

I would do it together. It’s so much easier.
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