I want to apply for an E-2 visa. Can my spouse apply for an E-2 spousal visa? Do we have to apply at the same time? What documents should my spouse bring to the interview?

If you are applying for an E-2 investor or an E-2 employee visa, your spouse may apply for an E-2 spousal visa. Please note that your spouse does not have to have the same nationality as you and your spouse does not have to have a nationality of a treaty country.

Does my spouse have to apply for the E-2 visa at the same time as me?

No, this is not a requirement. Your spouse may apply for the E-2 visa at the same time as you and you may attend the interview together, but he/she may also apply for the visa at a later time. It is also fine if you are already in the U.S., you get married, and your spouse then applies for an E-2 visa.

What documents will my spouse need to bring to the interview?

Your spouse should bring the original marriage certificate, the DS-160 confirmation page, a passport photo confirming with the government’s requirements, and the interview appointment confirmation to the interview. Every Consulate has specific requirements and you should check the website of the Consulate where your spouse is planning to apply for an E-2 visa to see what additional documents your spouse should bring to the interview.

Will my spouse have to show that he/she has a non-immigrant intent?

Generally, a signed declaration indicating that your spouse plans to depart the U.S. upon the expiration of the E-2 visa is sufficient to prove the non-immigrant intent. Your spouse does not need to keep a residence in a foreign country and does not need to establish that he/she is coming to the U.S. for a specific temporary period of time.

However, if your spouse is a beneficiary of a green card petition, your spouse will have to show that he/she plans to depart the U.S. upon the visa expiration and will not stay in the U.S. and adjust the status.

Can my spouse work in the U.S. on an E-2 visa?

Your spouse may apply for a work authorization once he/she comes in the U.S. This petition cannot be filed until after your spouse enters the U.S. on an E-2 visa. It usually takes USCIS couple months to approve the petition and your spouse may not spouse working until the petition is approved.

Please see our blog post that discusses which non-immigrant visa categories allow your spouse to work in the U.S. when you click here.

Which Reciprocity Fee will my Spouse have to Pay?

Your spouse will pay the same reciprocity fee as the main investor.  The reciprocity fee for some countries (Holland and Australia) have recently had a drastic increase to over $3,000.