Global vagrant

Hi,
I have scoured the pages looking for someone else who has already posted on exactly the same subject- but although some of the information is close nothing seems to fit exactly with our own situation- so advice would be appreciated.

I have recently been granted an E2 employee visa, and my wife has been granted an E2 employee dependent visa. We live in Uk and I have a job to start in US shortly which is expected to take 3-5 years to complete. My visa has been issued for 5 years, however the gentleman in the embassy told us that he can only issue my wife's for three months due to the schedule of reciprocity. Is this correct or as a dependent is she entitled to the same duration as me? If so how do we go about seeking an amendment? What for example would happen where the country of her citizenship had no treaty agreement (it does and the reciprocity table is three months- but just for interests sake what would happen?)

If she is indeed stuck with a series of three month visas what do we need to do to ensure that she maintains status and ability to travel home to UK or to her country of nationality? Will we be able to go for visits to say Mexico or Bermuda or will she need to apply for a new visa each time to return- and if so, does the application need to be in London where our visas are issued- or could it be done at any embassy?

It hadn't even crossed our minds that there may be these problems as we understood that she was simply piggy-backed on my visa- I am now reconsidering the move but if there is an easy way of working things then it should still be OK. We don't want to end up going home or elsewhere on holiday and find that she cannot return!

ian-mstm

While the subject line alludes to it, you don't actually mention either your or your wife's nationality... only that you both live in the UK. If you want good answers, you have to give good information.

Ian

Global vagrant

The missing information....
I am British and my wife is an Azerbaijan citizen.

I understood that my wife's nationality was disregarded as I am the principal applicant (although clearly it is only disregarded in respect of some aspects).
Anyway I hope that the info allows you to offer some advice... thanks.

Folinskyinla

Hi:

You describe what happened. As to your hypothetical question -- the reciprocity tables serve as a limitation -- if her country had had no equivalent spot on the table, then she would be subject to the same limitation as you.

Global vagrant

Thanks,
I take it that means that the decision is correct and that even though I am the principal applicant the limitation is not imposed by the treaty agreement with Britain but that in place in Azerbaijan- even though she is not availing of the benefits of that treaty.- Is that correct?
Can you advise what process we must go through to renew her visa and how often? Can it be done anywhere else other than London where it was issued? For example if we go to Azerbaijan on holiday can it be applied for in the Embassy there?

MsElui

you dont have to renew the visa 'stamp' every 3 months - but everytime you left the country she would need to get a new stamp before she could return. Dont know about renewing the actual visa.

an alternative might be to get her citizenship of another country if she is eligible - ie could she natralise in the uk? then she could renew on that basis.

Global vagrant

I don't understand the difference between getting a new stamp when returning and renewing the actual visa-- can you explain please?

Naturalisation here in UK is also a drawn out process and we would need to stay in UK for longer to start the process - therefore it wouldn't be a problem as the US job would be gone! Coupled with that is the fact that Azerbaijan does not allow dual citizenship so she would have to renounce her citizenship there-- bringing wih it all sorts of problems with property, visas to return etc... so really a non- starter.

If it is only on returning to US that it is a problem it may be feasible to live like that for a while-- if it is possible to do it elsewhere other than London sometimes. Otherwise a trip to Azerbaijan would have to include a diversion to London and a period in UK as well -- with the attendant Visa interview booking problems. Do you know if it can be issued elsewhere?

MsElui

An example of what i mean. Our visa lasts 3 years at which point we have to renew it. We can do the renewal documents from within the US and once we have the letters back we are renewed. However We DONT have to get a new visa stamp in our passport at the exact time as it involves a trip outside the US to an embassy. We can stay in the US from that point as we have renewed the visa and are 'in status' but if we leave the us we wont have a valid visa stamp/sticker in our passport to get back in to the country and will have to visit an embassy for an interview etc to get a new stamp before we can. So your wife may be able to renew the visa from inside the US and only need worry about visiting an embassy when she actually has to leave for a scheduled trip or something.

You 'can' use other US embassies BUT its worth checking with them beforehand as they only HAVE to help the residents of the country they are based in.

Global vagrant

Thanks-- but It appears to get worse in some ways! So does that mean that we will have a constant round of paperwork to do every three months to keep her visa valid? Or does that only apply to the I94 duration which I am told should be issued the same as mine, and my E2 visa as the principal which is issued for 5 years?

Does that also mean that one of our fears are allayed in that she can renew the visa before travelling and just have the stamp applied at an embassy so can be sure (as far as sure is in the world of visas and PsOE) that she will not be refused?

MsElui

i dont believe her i94 can be issued for longer than her visa is valid. otherwise there would be no point issuing a shorter visa.

I would suspect you will have to renew constantly - the country your wife is from must have the same requiremnts for US visitors as its reciprocal so apart from lobbying the government there to change the visa requirements there isnt a lot you can do about it. She can simply renew the visa stamp (ie embassy visit) before travelling but to keep in legal status would have to renew the visa paperwork whenever it expires.


I might add - i am applying the same experience to your situation as ive been told about mine. I may be wrong and someone better qualified may be able to post another way.

Folinskyinla

Hi:

Let me get pedantic.

The term "visa" is quite tightly defined in the Immigration & Nationality Act -- however, in common use it is often misused. In fact, the courts often misuse the term.

The "visa" is the sticker placed in the passport by the US consulate. [Until the early 90's, the visa was actually a stamp placed by the same security machines used for bank checks -- they were called "Bourrough" visas from the name of the machine manufacturer. Many people, especially those from India still refer to the "visa" as a "stamp." To further complicate things, the Bourroghs visa had an express "visa number" thereon which the current visas do not. But the I-485 adjustment of status form still requests the "visa number" which causes no end of confusion -- vestigial questions like cause a lot of unnecessary anxiety].

All the "visa" does is act as a form of mandatory pre-clearance -- it allows a common carrier to bring the holder to a port of entry and then allows the holder to apply for admission.

The validity period of a visa is NOT the same as the length of time a person is allowed to be in the United States. For example, a person might have a B-2 visitors visa valid for 10 years -- they get admitted for six months. Lets say that person with the same 10 year B-2 visa lands the day before it expires, the admission is for 6 months.

So, your wife will be admitted to the US for the same period of time as you will be.

Folinskyinla

Hi:

You are wrong on that one. Some confusion might arise from the non-immigrant visas which have an underlying petition -- such as H, L, O and P's. In those cases both the admission validity and the visa validity will be determined by the validity of the underlying petition.

It pays to note that under the reciprocity tables of some countries, the "visa" will either be for a shorter time than the petition or may be valid for only one admission.

Folinskyinla

Hi:

Out of curiosity, what makes you think you will be admitted for five years? Your admission will be for either one or two years. Same for your wife.

MsElui

there you go - someone who new a lot better than me. Thanks Mr F!

Global vagrant

That seems to clear it for me-- cheers. By the way I don't think for a minute that I will be admitted for five years at the first entry- I was asking if her duration would be the same as mine (whatever they decide at POE) AND if having to renew the actual E2 visa only applied to the principal (which is a five year visa) - which following your explanation I now see it does. In fact although the visa is for five years I only envisage being there for about three years- until I complete the job in hand. Thanks again...