E2 visa for dependent i-765 form question

[AndraB 0]

Hi there,

My husband is an E2 dependent while I am the main applicant. He needs to apply for I-765 in order to get his EAD. My question is: on the I-765 they require the I-94 arrival/departure number for his most recent entry in the US and he needs to attach it to the i-765 application. Does he need my i-94 as well to attach? I haven’t entered yet on the E2 visa, do I need to get my I-94? Is he required to attach mine as well as his when filling out form i-765 or he can just present my E2 visa page, the bio page and the marriage certificate? What additional documents does a dependent need to provide while filling form i-765?

[Boiler 45,486]

To clarify, he has an E2 visa and recently entered on his E2 visa and you will be entering soon?

[geowrian 22,337]

Maybe the timeline is throwing me off. How are they in the US as your dependent when you haven't yet entered the US?

[AndraB 0]

We both received the E2 visa, I am the main applicant and he is a dependent. He wants to enter sooner so he can apply for his EAD work permit as the back ups are causing long months of waiting and he can only apply while in the US. I haven’t entered yet. Do I have to enter and get status before he enters and gets his E2 status? Or we both have to enter together? 

[geowrian 22,337]

https://fam.state.gov/fam/09FAM/09FAM040209.html#M402_9_9

Quote

9 FAM 402.9-9  Spouse and Children of E Visa Aliens

(CT:VISA-569;   04-06-2018)

a. Entitled to Derivative Status:  The spouse and children of an E visa alien accompanying or following to join the principal alien are entitled to derivative status in the same classification as the principal alien.  The nationality of the spouse and children of an E visa applicant is not material.  The spouse and children of an E visa alien receive the same visa validity and number of entries, and are required to pay the same reciprocity fee, if applicable, as the principal alien, as listed in the reciprocity schedule for the principal alien's country of nationality.

 

[AndraB 0]

23 minutes ago, geowrian said:

Maybe the timeline is throwing me off. How are they in the US as your dependent when you haven't yet entered the US?

He is not in the US yet. He wants to enter so he can apply for EAD, the backlogs are causing a huge waiting time until the work permit is granted and he can only apply from the US. I haven’t entered on the E2 status yet. He can’t enter on the E2 status until I enter on the E2 status? Or should we enter together? We are canadian citizens so we weren’t in a hurry or time crunch to enter. 

[SusieQQQ 11,586]

3 minutes ago, AndraB said:

We both received the E2 visa, I am the main applicant and he is a dependent. He wants to enter sooner so he can apply for his EAD work permit as the back ups are causing long months of waiting and he can only apply while in the US. I haven’t entered yet. Do I have to enter and get status before he enters and gets his E2 status? Or we both have to enter together? 

He can’t go before you as a dependent. He has to go with or after.

[AndraB 0]

35 minutes ago, Boiler said:

To clarify, he has an E2 visa and recently entered on his E2 visa and you will be entering soon?

We both received the E2 visa, I am the main applicant and he is a dependent. He wants to enter sooner so he can apply for his EAD work permit as the back ups are causing long months of waiting and he can only apply while in the US. I haven’t entered yet. Do I have to enter and get status before he enters and gets his E2 status? Or we both have to enter together? 

Just now, SusieQQQ said:

He can’t go before you as a dependent. He has to go with or after.

That’s what I thought! Thank you so much!