Consular Processing Issues

One thing it should be noted about consular processing of E visas is that a different adjudicating consular officer can make a huge difference on whether your case will be approved or denied. Even though most consular officers decide E visa cases similarly, time to time, new consular officers get rotated to E visa cases for training purposes or other purposes -- which is fine -- but sometimes they really do not have sufficient experience and knowledge of FAM and regulations governing E visas. As a result, I have seen them issue totally weird denials.Read more

Assuming that the wife is applying for E-2 spouse visa based on an already-approved E-2 visa for the principal applicant (husband), the consular officer can always review the facts again and also require that the wife prove that she really is a bona-fide wife by asking for wedding photos, invitations, etc.

No, you make E-2/E-1 visa application once you have documentary evidences showing you have met requirements. The procedure and time periods vary among American Embassies, and the official website of each American Embassy should provide detailed information on how, where and what to submit to them.

The TCN processing information is available at: www.e-2california.com/tcn_processing.

Not really. From our experience, consular officers want to see very concise, persuasive business plans devoid of unrealistic claims. Many of the consular officers have seen all kinds of claims made and are business savvy, especially if they are lateral hires who actually have the real world business experiences. Personally, we prefer either consular officers with legal background or consular officers with real world business experiences. We do not prefer consular officers who just graduated from college who sometimes do not understand how the businesses work in the real world.

Not necessarily for the following reasons:

1. Various changes, such as changes with the E-2 business, might have occurred in the meantime that might lead to a denial of 2nd renewal visa application.

2. Different and tougher consular officer may be reviewing your 2nd renewal visa application.

3. The new consular officer might not be as knowledgeable about E-2 visa law.

The preparation and more preparation is the key.

Yes, the dependents can apply for E visas at the American Embassy abroad even when the principal applicant has only E status in the U.S. and is not applying, or has not applied, for a visa together.

Yes, because each visa application stands on its own. In fact, dependent spouse and family member also have to file separate visa applications, although the supporting documents for the E-2 enterprise does not have to be submitted again.

The U.S. Embassy in London processes E visas for all of the United Kingdom. See the U.S. Embassy website for further details.

To qualify for an E-2 visa, you must actually reside in the UK, and documentary proof of this must be submitted with your E-2 packet.

The processing times and procedures vary greatly between different American Embassies around the world. It can vary from 1 week to 6 months, so these are "country specific" information that must be ascertained in advance as a planning guide. To find out correct info, "The Visa Processing Guide", Department of State website or the particular Embassy website would be good sources.