E2Brutus

An "E" Visa allows the spouse to accompany or to join the principal alien in the same visa status. I understand the process for this.

If the principal alien marries the day after being issued the visa and the spouse applies for the visa the following day could this cause a problem?

Would it be better to time gaps between principal visa and marriage and marriage and spouse application?

ian-mstm

No.


Eligibility for a derivative visa is based on marriage. It doesn't matter when the marriage occurs or how soon after marriage the derivative visa is applied for. Once you're eligible, you're eligible.

Ian

E2Brutus

Thanks Ian.

I would like to get married in August so that we have time to plan and invite people and then have my fiance added to my visa.

However, I would also like her to be with me from the start of the year and this is problematic since my fiance spent 7 months in the US on three VWP trips last year and I don't think she will get in again on VWP.

So the only solution I can think of is a paper wedding in January followed by the real deal in August.

I was thinking she could apply for a B Visa in January and explain that she is going to marry an E Visa holder in August and leave the US to register it at a consulate, but I think that is impossible as you cant get a B Visa if you have an intent to change visa status.

E2Brutus

But if you marry a US citizen to get green card status it seems it is far more rigorous a check, and it can be denied. I guess this is the difference between visa and citizenship.

ian-mstm

Well, your wife... but correct.


I agree.


That works... as long as you understand that the "paper wedding" is the real one and the one in August isn't.


Yah... bad idea!


Bad idea overall. If you want her to be with you from the start, get married ASAP and have her apply for a derivative visa.

Ian

ian-mstm

Yes, a GC can be denied... so can a visa - but a GC is not a "derivative" status.

Ian

meauxna

No, more like it is the difference between a permanent resident/immigrant and a temporary non-immigrant derivative. Your E-2 dependent is literally dependent on your job (or business) and when it goes away, so does she.

scrubbedexpat099

Ouch

E2Brutus

Any me too! Yep, I get your point. That makes me feel more relaxed about the way they view it. I was just thinking that will Green Cards they get the couple to come in for interviews and test that they are really married etc. - I'd be happy if they did that for E2 and just wondered why they didn't. Now I have a better idea.