Success! Our firm recently secured a 5-year E2 dependent spouse visa at the U.S. Embassy in Montevideo, Uruguay. This complex, cross-border case was successfully processed in just three weeks from the initial application to the final interview, with no Request for Evidence (RFE) issued.
To learn more, visit E-2 visa for spouse and dependents.
Navigating Complexities: Multi-Nationality & Prior Denials
This case featured a number of complexities that required legal planning:
- Different Nationalities: The legal foundation of an E2 spouse visa requires proving a valid marital relationship to a principal investor who maintains active E2 status. In this case, the principal E2 investor is a Canadian citizen who had previously secured his 5-year treaty investor visa at the U.S. Consulate in Toronto. His spouse, however, is a national of Uruguay and she applied for the E2 spouse visa based on their marriage. Applying for an E2 dependent visa under a spouse of a different nationality across two separate consulates always requires coordination.
- Prior Green Card Denial & Non-Immigrant Intent: At the time of filing, the spouse was already living and working in the United States on F1 STEM OPT status. More significantly, within the previous year, the spouse had filed an immigrant petition (green card petition) which was ultimately denied by the U.S. Citizenship and Imigration Services (USCIS). Because the E2 visa is a non-immigrant visa, applicants must demonstrate “non-immigrant intent”—meaning they intend to depart the United States when their status expires. Overcoming a very recent, denied immigrant petition, at a U.S. consulate requires a precise legal strategy to prove that the applicant will comply with their non-immigrant status.
Overcoming Outdated Consular Instructions
The administrative phase of this application required immediate, proactive intervention. Upon submitting the online Form DS-160, the automated consular system generated a notice instructing the applicant to submit their entire hard-copy application packet and passport via physical mail to the embassy in Montevideo.
Recognizing that this instruction relied on an outdated policy, our firm intervened. We instructed the client not to mail the documents and instead coordinated directly with the U.S. Embassy’s visa unit in Uruguay.
Per our outreach, the consulate requested a comprehensive digital E2 submission, including the entire E2 investor visa application package originally filed and adjudicated at the US Consulate Toronto. Our organization allowed the consular officer to easily verify the compliance of the underlying U.S. business enterprise.
Real E2 Spouse Interview Questions
The interview lasted only a few minutes, focusing primarily on the legitimacy of the marriage and the status of the principal enterprise. Key questions included:
- Is your spouse already in the United States, and how long has he been there?
- Does he hold an approved E2 visa?
- How, where, and when did you meet and get married?
- Do you plan to work in the U.S. under E2S spouse status? (Note: E2 spouses are work-authorized incident to status).
The visa was approved on the spot for the maximum 5-year duration, allowing the couple to reunite and pursue their business goals in the United States.
Overview of E2 Visa
The E-2 Investor Visa is a nonimmigrant visa for nationals of treaty countries to live and work in the U.S. by investing in a US business. This visa also extends to the investor’s spouse and unmarried children under 21. Furthermore, E-2 businesses can bring E2 employees in executive, managerial, or specialized roles essential to the firm’s operations in the U.S. You can establish a new business or buy an existing business to qualify for the E-2.
You can apply for E2 visa at a US Consulate abroad or through change of status to E2, if you are in the US. Keep in mind that applying for E2 while in the US is possible under certain circumstances, but is not available to individuals travelling to the United States on ESTA.
To learn more about visas for Canadians, visit E2 visa for Canadians and US visa for Canadian citizens.
To learn more about the options available for children aging out E2 visas visit Children aging out of E2 visa: What are their options?
Find out more about other E-2 visa success stories and approvals, E-2 visa renewal process, other investment visa options, , E-2 for Australians, E-2 for UK Citizens and other visa options to start a business in the US for you.
Why Partner with Malescu Law for Your E-2 Visa?
Our E2 visa lawyers specialize in E-2 visa applications, including those involving existing business acquisitions, holding companies, complex corporate structures or E2 visa refusals.
We provide a full E2 visa service model, including:
- Business formation and corporate structure
- Legal and financial due diligence.
- E2 business plan drafting.
- Professional business valuations.
- Comprehensive case strategy for complex E2 visa applications.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Contact us or schedule a consultation.
