meauxna

You might want to consult with a lawyer then, who IS familiar with A status and the limitations. It didn't take much looking to see that there is something different that we don't normally see on the forums.

As Folinsky tries to point out to you below, there is a form on USCIS.gov title I-566 Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status

You might want to check it out; I have no idea if it's appropriate on its own.

S Folinsky

Observation -- one is always learning. Thanks for the reference to the form I-566. I'll leave as an exercise for those interested to figure out what the appropriate form is.

Historical note: In the l1930's there was a competition between Boeing [the predecessor of today's Boeing] and Dougas [predecessor of today's Boeing] to come up with a commercially viable all-metal airliner. Boeing developed the 247 and it was used exclusively by United [then owned by Boeing]. TWA then asked Donald Douglas to develop a plane that they could use. Douglas came up with with what ultimately was DC-3 and the rest was history. In the meanwhile the 247 has been forgotten Only 75 of the 247 were produced compared with 10,000 DC-3's.

ian-mstm

When my family emigrated from Scotland to Canada in 1959, we flew on a DC-3!

Ian

S Folinsky

Fascinating. Are you sure it wasn't a DC-4 or DC-6 -- four engines and what-not? I am actually a fan of the Lockheed Constellation. I grew up near the factory where they were produced and they were quite beautiful.

Brit3964

I've had both J-1 and TDY A-2 visas in the past. As I understand it, an A-2 or G-2 is not actually diplomatic status (A-1 and G-1 are) but US Immigration consider you as diplomatic status when using them. I remember I had to renounce my "diplomatic status" on that form I-566 when I married a USC for AoS.

eof

After a lot of fighting with the state department we have now found out the exact conditions for these visas. A and G visas work as follows:

1. Anyone married to a A or G visa holder and living in the same household, needs to have an A or G visa unless he/she is a GC holder. It doesn't matter what your visa is (even if it's an immigrant visa like an H1-B), so basically this can be a major hurdle for a spouse to accept employment at an embassy or consulate (unless he/she has an EAD and can work under that).

2. A spouse is exempt from the requirement of having to change visas if and only if living in a different household.

As we are going to live in different cities (Philly vs. DC) it turns out that I don't have to change my visa status. This requirement is strict and there's no way around it. For some reason, some embassies used to allow other visas to spouses, because they weren't aware of this requirement, but by doing so you can technically be refused entry at the border.

Hope this helps someone else who happens to get into a similar situation.

lifehouse51

I guess diplomatic visas are different from other types of visas.

And as I said before, if you're on J-1, I think your spouse can get an EAD. If the consulate/embassy can arrange for her to work under the EAD status, then you're just fine.

S Folinsky

Query: what is the source of this information? You don't say. The information may not be reliable. A frequent example in this form is that someone spoke to a government employee. Of course, this is extremely unreliable and no one has a right to rely on such information -- the Supreme Court has said so.

eof

http://www.travel.state.gov/pdf/newsletterOctober.pdf

eof

The problem with the EAD is that it takes too long to get as it was only a temporary job and they need to have the position filled by a certain date.

crg

Exactly. This person shouldn't have to file new paperwork and wait when they are in compliance with a visa they already have.

That newsletter is interesting in that it says:

"The Department of State interprets 22 CFR 41.22(b) and 22 CFR 41.24(b)(4) as requiring any applicant entitled to an A, G, or NATO visa, including spouses and dependent children of principals, to hold that visa class."

If they have to interpret it that means it's subject to intepretation. It's almost as if they are hinting that other government agencies may not share their interpretation.

Once a visa has been issues, it's no longer up to DOS's interpretation. It's up to DHS.

eof

However, if you don't file your spouse on the A-visa application, I would just assume that DOS refuses to sign it. In this sense they can't revoke a spouse's visa, but they can refuse to accredit the diplomatic one.

crg

Considering it's a diplomatic visa, I doubt the DOS would refuse anything. They would probably offer to give the applicant a back rub while they are waiting for it to be issued.

If a couple were applying for a J-1 and an A-2 at the same time, that may be a different story.