Global vagrant

I have a couple of separate queries around the same issue.
Background- I am married to a citizen of Azerbaijan and we have been in US for 18 months, having moved here from UK. I am on an E2 (employee) visa and my wife on E2 spouse. Our I94 both issued for 2 years on entry. Our E2 visas were both issued in London- but here is the first deviation from the norm- Mine is issued for 5 years multiple entry as usual, but my wife's is for single entry 3 months (due to table of reciprocity we are told). This has locked us in the US until now but needs must and we need to get I94 renewal in six months time. Query 1 is can this be done in country?

We will still need to travel but want to leave it until later in the year. We want to travel to Azerbaijan and not to UK. My visa will not need renewed but my wife's will. Can this E2 spouse visa be issued in her country of citizenship rather than having to travel to London?
She does not have a current residence permit for UK as she was on a FLTR when we left to come here , which has now expired. We can however get a visa to travel to UK if absolutely necessary, although another LTR would be a bigger hassle as we are not there and clearly my employment etc is here for the time being. We would very much like to not have to travel to UK and especially not have to go down the LTR residence permit route.
One further query is that our child was born in US and will be travelling on a US passport. Will he need to be added to the E2 visa in any form? Clarity would be much appreciated to enable us to start planning the year and, if the level of hassle becomes too great, even a move!

ShelleyMan

Hi - you can apply for a new I-94 while in the US, if your visa is still valid for another three years, you will probably get another 2 years on the I94. On the E2 for your wife, your best bet is to contact the US embassy in Azerbaijan and see what they need. It came be done, depending on the country. I got my initial one in London, I'm the E2 spouse, and then got a renewal in South Africa. However they told me that my husband would always have to go back to his initial embassy he got his visa at, otherwise we would have to start from scratch again.

Good luck.

JCraigFong

Notwithstanding any statutory or regulatory restrictions, you can EXTEND an I-94 in the USA, provided of course that the alien is not out of status. The period of extension would normally be 2 years.

Yes, it can be done in Baku. She will need a good, clear copy of the principal visaholder's PPT, the principal visaholder's visa, and (if he will still be in the USA) the principal visaholder's I-94. Finally, a copy of the marriage certificate will be critical.[/QUOTE]

I cannot address UK immigration law. I am sure one of the wise ones on line here can do that for you.

Your child's name should appear anyplace on US government immigration paperwork which asks you to list or name your children, whether your child is a USC or not.

I hope this helps.

--J Craig Fong
Los Angeles, CA

Global vagrant

Thanks- That is very helpful.

Regarding the UK immigration law-- I do not really have a query there. I know what is required (and really don't want to go down that route right now) should we choose, or be forced, to renew her visa stamp in London (which given your answer seems not to be the case).

Global vagrant

I know the thread appeared closed but the time has come to actually start doing something concrete about the issue and I would like to clarify a couple of points- ShelleyMan spoke about renewing an I94 in country if the visa still has 3 years left to run-- which mine does as the principal- however my wife's visa was a single entry and has already expired- although, as I said, her I94 is still valid until the same date as mine. Is she still eligible to renew from in-country via an I-539 accompanying my I-129- or does this mean that she is "out of status" and therefore needs to exit and reenter. Do we need to explain to Immigration and present supporting evidence as to the reason why we would prefer not to travel at this time, or is it simply down to making a request and letting nature take whatever course it will?

As an alternative would it be possible for us to travel fairly locally (more local than Azerbaijan) and renew her visa there- If so can anyone suggest a good venue where it can be done? (from Texas)- many thanks. http://images.ibsrv.net/ibsrv/res/sr...ades_smile.gif

lifehouse51

I'm sure others will chip in more info. FYI, A VISA is an entry document, meaning that you have to enter the U.S. before the expiration date and you can use it the amount of times as specified. However, once you're within the U.S., it's the I-94 that determines the max amount of time you can stay. When you apply for extension of I-94, you apply with the US Citizenship and Immigration Services, and it's usually not neccessary to explain why you want to extend it within the U.S. vs. going outside of the U.S. You're out of status in cases like if you get fired from your job before I-94 expires and do not move out of the U.S. within the grace period offered by your visa status.

For example: I'm planning on applying for E-3, which is a two year visa. I enter the U.S. before the expiration of the visa, and I get a I-94 issued for 2 years. I can keep on renewing it within the U.S. provided that I don't leave the U.S., and even if my original E-3 visa has expired. I only have to get a new E-3 visa if I leave the U.S. and want to re-enter.

As an answer to your other question: Some people have had success with nonimmigrant visa applications at Canadian and Mexican Consulates, especially the applications are for renewal. However, it's safer if you call/email the consulate you're interested ahead of time to make sure they accept nonimmigrant visa applications from third country nationals.

Global vagrant

Thanks for the speedy response. It sounds as though it may be less painful than we anticipate.
Does anyone know of the time it takes for a response from USCIS? I am trying to determine if it is worth paying the $1000 (I think this covers both apps if submitted together-- unless someone would care to make my day worse than it was and tell me otherwise!) for premium service to do away with stressful waiting and to leave time to make alternative plans should the extension be refused for any reason.

lifehouse51

Actually renewal with USCIS tends to take a longer time than applying at a U.S. Consulate overseas, people tend to do these reneweals a few months before expiration. If you wanna go for that route, you should probably file now rather than later.

As for premium processing, the employment sponsor is the one who files it, and you can't do it yourself (Unless there's something different with E-2 visa that I don't know about). You should try to convince your employer to do it considering that you have about 3 months time or less before your I-94 expires.

S Folinsky

Observation: OP's wife is from Azerbejan -- see this "reciprocity table."

Observation: Normal visa application fee aside, the US charges Brits a $105 "issuance fee" and they then get 5 years multiple entry. OP's wife gets her E-2 visa with no issuance fee, and then get 3 months single entry.

Further observation: I don't think OP likes this all that much. It does seem to make life a little more uncertain.

No advice given nor intended. "It ain't me babe."

lifehouse51

My understanding is that the Wife's Visa is valid for 3 months for a single entry, when she enters, then she'll get a I-94 with 2 year STATUS. However, if she leaves the U.S., then she'll have to get a new visa regardless of when the visa expires because the original visa's good for one entry only.

Nevertheless, they're contemplating about staying within the U.S. and do the renewal with USCIS before the 2 year E-2 status expires. They would be fine doing that, but it can take months to process. However, even after the renewal, if they leave the U.S. for any reason, then the wife will have to get a new visa before re-entering the U.S. (Visa is an ENTRY document, and the USCIS doesn't issue that). The husband will probably be fine as long as the original E-2 visa hasn't expired.

Global vagrant

SF- Your observations are of course largely correct. I hadn't considered it as not liking the situation very much but now you mention it... It is mainly because I get the impression that applying the table of reciprocity to a spouse whose visa is marked as "to accompany Joe Bloggs" (or similar wording) and I-94 issued to match the principal, was probably unintended when the law was framed. However, the mechanism was never manufactured to prevent it applying - such is life. It does nothing to prevent us being here. It may be that I have a simplistic view and that there was an intent that I don't understand... either way we have what we have- if we really don't like it then nobody has removed our right to exercise freewill and work elsewhere. We are not at that stage today.http://images.ibsrv.net/ibsrv/res/sr...lies/smile.gif

lifehouse51

Yea, maybe one day they'll change the immigration laws so that a dependent/spouse's visa will use the reciprocity table of the principal applicant instead.

Meanwhile, when you leave the U.S. for a trip, your wife can consider applying at Azerbejan (Email or call first to confirm they'll accept her application) or a closer third country like Canada, Mexico, or even Bermuda (Haven't heard anyone on this forum applied at Bermuda though)