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How long does the E2 dependent (spouse) process usually take? E2 dept status was granted can she apply for a green card later?

Boston, MA |

I am living in the US since almost 5 years working with an E2 visa. I have plans to marry my Dominican girlfriend. After getting married (her or my home country what is better? We met while she was on a US vacation.) can she apply for E2 dependent visa? How long does the process after filing in all documents usually take? Are there limitations in terms E2 dependent visa spots per year? Does it matter that I am from Switzerland and she from the Dominican Republic? She has a BS and MS degree. Can she apply for a green card after the E2 dependent status was granted?

Attorney Answers 3


  1. The E-2 is applied for at the consulate usually, so she would apply for it in her native country and it usually takes the same time as getting a non-immigrant visa appointment. It doesn't really matter where you get married. The E-2 does not lead to GC unless you are just an employee or you own only up to 5% of the shares of the company. To get an E-2 you must be an investor and own at least 50% among many other requirements but if you do than you cannot have the company sponsor you. She can apply for a separate work permit once she gets her E-2 as your dependent here in the US.


  2. I agree with my colleague and would add that it doesn't matter that she's from DR and you're Swiss: she will be applying as your wife. She will still need to apply at the US consulate in DR. How long it takes depends on a number of factors.

    See the informative article below: "The E-2 visa is a nonimmigrant visa, meaning it is temporary, while green cards are permanent. Moreover, a green card through investment requires a dollar investment of $1 million or more, while an E-2 visa has no dollar minimum."

    www.gassonlaw.com - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.


  3. Estimated processing times are as posted on the Department of State website.

    http://travel.state.gov/visa/temp/wait/wait_4638.html

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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