E2 joint renwel

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Old Oct 5th 2008, 5:12 pm
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Default E2 joint renwel

My husband and I have an E2 visa, we have applied for a renewal of this, and we just had a letter back form California saying that we can not have a joint application. Originally we had the joint application, but now it seems we have to apply separately. Which means two separate applications. Anyone know anything about this? I am worried that we will have to have separate interviews in London at different times?
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Old Oct 5th 2008, 6:16 pm
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Default Re: E2 joint renwel

Originally Posted by pepedmz
My husband and I have an E2 visa, we have applied for a renewal of this, and we just had a letter back form California saying that we can not have a joint application. Originally we had the joint application, but now it seems we have to apply separately. Which means two separate applications. Anyone know anything about this? I am worried that we will have to have separate interviews in London at different times?
You cannot renew a visa in the US .. what are you applying for in
CA...
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Old Oct 5th 2008, 6:51 pm
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Default Re: E2 joint renwel

Originally Posted by pepedmz
My husband and I have an E2 visa, we have applied for a renewal of this, and we just had a letter back form California saying that we can not have a joint application. Originally we had the joint application, but now it seems we have to apply separately. Which means two separate applications. Anyone know anything about this? I am worried that we will have to have separate interviews in London at different times?
Hi:

Your mention of "California" suggest you are applying for an extension of status. If you are an E-2 dependent, you have to file an I-539. If you are a co-principal in the business -- then you have to do the entire I-129 & 129E application.

Talk to your lawyer about this.
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Old Oct 6th 2008, 3:07 pm
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Default Re: E2 joint renewel

Sorry, I was not clear in my question. My husband and I both have E-2 visa's for out business. It is time for our first renewal. Our lawyer sent the petition to California, as he said they have to approve it before it goes to London. We filed under one petition like we did for the original E-2, but we had a letter back saying "Your petition has been returned due to only one worker maybe included on the I-129" I spoke with my lawyer and he said we would have to file two separate petitions, one for each of us, even though it is for the same business. It worries me that if we do this we will probably get two different interviews in London at different days. I just wondered if this is the way they do things now, has it changed in the two years that we first was granted our E-2 together? We still have 2 years on our I-94, why does California need this petition before it goes to London? Thanks
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Old Oct 6th 2008, 3:35 pm
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Default Re: E2 joint renewel

Originally Posted by pepedmz
Sorry, I was not clear in my question. My husband and I both have E-2 visa's for out business. It is time for our first renewal. Our lawyer sent the petition to California, as he said they have to approve it before it goes to London. We filed under one petition like we did for the original E-2, but we had a letter back saying "Your petition has been returned due to only one worker maybe included on the I-129" I spoke with my lawyer and he said we would have to file two separate petitions, one for each of us, even though it is for the same business. It worries me that if we do this we will probably get two different interviews in London at different days. I just wondered if this is the way they do things now, has it changed in the two years that we first was granted our E-2 together? We still have 2 years on our I-94, why does California need this petition before it goes to London? Thanks
Something is not right here
you only need the visa renewal to get back in if you leave
the I-94 is usually dated for two year ... on entry

Many E-2 people stay landlocked just renewing the 1-94
thru USCIS thus avoiding the visa renewal

I have never heard of getting USCIS approval before applying for a visa renewal ..

Maybe time to check with another lawyer

Perhaps Mr F ..may comment ..
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Old Oct 6th 2008, 3:59 pm
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Default Re: E2 joint renewel

Originally Posted by pepedmz
Our lawyer sent the petition to California, as he said they have to approve it before it goes to London. We filed under one petition like we did for the original E-2, but we had a letter back saying "Your petition has been returned due to only one worker maybe included on the I-129" I spoke with my lawyer and he said we would have to file two separate petitions, one for each of us, even though it is for the same business. It worries me that if we do this we will probably get two different interviews in London at different days. I just wondered if this is the way they do things now, has it changed in the two years that we first was granted our E-2 together? We still have 2 years on our I-94, why does California need this petition before it goes to London? Thanks
OK, your lawyer "sent the petition to California." By doing this, s/he appears to be attempting to get you a two-year EXTENSION on your I-94. This is NOT -- repeat NOT -- the same as getting a new visa in London. If you had been granted the extension in California, you would have been allowed to remain in the USA as an E-2 for an additional two years, but you would NOT have been able to travel, because you're actual VISA is still expired. Your attorney in California should have explained this to you a bit more carefully.

The proper way to do this is to create a new E-2 visa package -- generally this is not as difficult as the first time around, provided you have had good cash flow and paid your taxes -- send it to London, and then the principal owner of the business would go to Grosvenor Square (at least until the consulate is sold and moved), have a brief interview, and receive a new E-2. The principal visa holder's spouse would be able to apply for an E-2 as a dependent, merely by filling out the DS-156, provided the principal visa holder has been approved.

I hope this helps.

--J Craig Fong
Los Angeles, CA
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Old Oct 6th 2008, 5:42 pm
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Default Re: E2 joint renwel

Thank you for your reply. My lawyer does know we want to renew the E-2 not just extend it. He said that it has to go to California first then they send it to London. It appears that is incorrect, I paid him $6000 so far to renew our E-2's.
My husband and I are both E-2 visa holders, we did not want to have one as a dependent. Do you know if we just need to send everything to London and then wait for the interviews? I assume that we can still file our petition jointly like we did initially? As California were saying we had to send in two separate petitions, but may be that was just them, if we don't need to send it to them first, I am hoping we can still do it jointly. Thanks again.
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Old Oct 6th 2008, 5:48 pm
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Default Re: E2 joint renwel

Originally Posted by pepedmz
Thank you for your reply. My lawyer does know we want to renew the E-2 not just extend it. He said that it has to go to California first then they send it to London. It appears that is incorrect, I paid him $6000 so far to renew our E-2's.
My husband and I are both E-2 visa holders, we did not want to have one as a dependent. Do you know if we just need to send everything to London and then wait for the interviews? I assume that we can still file our petition jointly like we did initially? As California were saying we had to send in two separate petitions, but may be that was just them, if we don't need to send it to them first, I am hoping we can still do it jointly. Thanks again.
Unusual now not to have ones as a dependant
as they can get a work permit and work anywhere

Try reading this site ..its mainly E-2 people
http://www.thefloridaforums.com/forum/

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Old Oct 6th 2008, 6:49 pm
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Default Re: E2 joint renewel

Originally Posted by Ray
Maybe time to check with another lawyer

Perhaps Mr F ..may comment ..
Hi:

The other "Mr F" already replied. I do think that she could consult directly with another lawyer. This "Mr F" does recommend the other "Mr F."
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Old Oct 6th 2008, 8:18 pm
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Default Re: E2 joint renewel

Originally Posted by Folinskyinla
Hi:

The other "Mr F" already replied. I do think that she could consult directly with another lawyer. This "Mr F" does recommend the other "Mr F."
Yes ..I concur ..
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Old Oct 6th 2008, 8:53 pm
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Default Re: E2 joint renwel

Thank you for your time
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