Tog20

Hi

Just wanted some advice please.

I'm currently on an E1 visa, here on work transfer from Europe. We have 2 young children under my E1 visa. My current cohabiting partner has a B2 visa with a waiver of ineligibility. She is fully sponsored by my company.

We are planning to marry this year and looking for advice for the transition from B2 to E1. As an E1 visa holder, does she require E1 also or E2? She will not be working here, she will be homemaker.


Current B2 valid until end 2018 (her 3rd visa since arriving 2013.) When enquiring by email to e visa london unit, regarding a change to a new e visa, they informed us, without name change and same passport, she can apply for new visa but still travel on current valid B2 visa, whilst new e visa is being processed (we mentioned waiver).

So when leaving USA as a family to Europe and being married, she will then attend interview for new status, and then we will return to USA (her on current valid B2) and await decision on the new application (which currently is 6-8 months for a waiver)

So my question is, when arriving in USA as a married couple with children, what documents do we need on hand?

Mainly, as a B2 holder, it's always a concern, they may think she tries to stay in USA, however as cohabiting partner they understand. Always, she is asked to the back office for the entry stamp, of which we are used to, does arriving on this occasion married change or require anything.

We always have proof of not wanting to stay longer than the work contract, and we certainly have plans to go home at the end.

Apologies if I've detracted, just trying to ascertain facts or experiences. Thanks

Noorah101

Hi and Welcome to BE. For others reading, here is your partner's thread on this same topic:

http://britishexpats.com/forum/us-im...waiver-891743/

E2.

The same documents you've always had on hand. She will be entering on a B-2 just like she did before, so same documents.

No.

Rene

ian-mstm

The spouse of an E-1 will also get an E-1.


The spouse of an E-1 can apply for permission to work - so she can if she wants!


If you marry in the US, she can then apply to change status via form I-539. She'd only need a new visa (and waiver) if she subsequently leaves the US.

Ian

Noorah101

Thanks Ian, I didn't know this.

Rene

ian-mstm

The power of the Internet is at your fingers!

Ian

Pulaski

An E-2 is an entirely separate visa. .... Like an H-2 in relation to an H-1.

There is neither rhyme nor reason to the numbering of spouse visas: the spouse of an E-1 or E-2 gets the same, the spouse of an H-1 gets an H-4, and I think the spouse of an O-1 gets an O-3.

crg

The B2 may be facially valid, but the purpose of entry must match what is allowed by the visa. B2 cohabiting partner is allowed for people who cannot qualify for derivative status. If she is married to the E1 and seeking to accompany the E1 to the US, she qualifies for derivative status and isn't allowed to use the B2. She's supposed to wait until her E visa is approved and in her passport before commencing travel. That's usually not a big deal and takes little time. The waiver of ineligibility makes it a real problem in this case.

The required documents for entry are a valid unexpired passport and a valid E visa with a waiver.

Tog20

We have raised this question/issue and this is what the official response by the E Visa Unit was:

Also does the immigration official at the U.S. border control see/know if someone has submitted a new visa application or shall we rather bring printouts along as supporting documents when entering the USA?

Tog20

Yes my partner was posting about a previous topic. Not sure what relevance that has to my post, but if you read her thread you'll understand my need for posting separately to find the right solution without if possible being separated during visa processing.

Rete

It is relevant because you are a couple and you are asking about her ability to visit and possibly immigrate. You also posted about her having a B2 with waiver. Why would you think your post was not relevant?

Noorah101

I saw the cross-posts as being relevant to each other.

Rene
Moderator

Tog20

Fair enough. However I don't remember asking about her ability to immigrate as the purpose will still remain a non-immigrant status.

No worries!

scrubbedexpat099

E is a non immigrant visa.

Rete

I use that terms, incorrectly perhaps, because she will be living and working in the US, not here as a visitor. So for me that is immigrating.

Tog20

Not perhaps, in fact actually.

You also seem to know more than we do, lol...