E2 VIsa Clarity

[Boiler 45,486]

1 minute ago, SusieQQQ said:

OP was asking if he could qualify for the E2 on cross chargeability rules (even though he didn’t phrase it that way) because his wife is a citizen of the US. Not sure what question you were answering. 

I was addressing why somebody would go for an E when they could have simpler and more obvious route.

[SusieQQQ 11,586]

6 minutes ago, Boiler said:

I was addressing why somebody would go for an E when they could have simpler and more obvious route.

Ok, i was answering what OP was asking. 

[Boiler 45,486]

3 minutes ago, SusieQQQ said:

Ok, i was answering what OP was asking. 

That was answered as well.

[SusieQQQ 11,586]

38 minutes ago, Boiler said:

That was answered as well.

Not by you lol 

[Boiler 45,486]

6 minutes ago, SusieQQQ said:

Not by you lol 

Yes I did treaty countries are countries the US has a treaty with

[jan22 3,053]

If, as your flag indicates, you are from Uruguay, you do not qualify for a treaty trader/treaty investor visa.  The US does not have a treaty of trade Ir commerce with Uruguay.  An investment must be at Ieast 50% owned by a person from such a treaty country to qualify anyone for an E1/E2 visa.  A US citizen can own up to 50% of the business, but that doesn't qualify anyone for a treaty trader/investor visa --  it's the foreign national co-owner's citizenship that determines E1/E2 eligibility.

[SusieQQQ 11,586]

2 hours ago, jan22 said:

If, as your flag indicates, you are from Uruguay, you do not qualify for a treaty trader/treaty investor visa.  The US does not have a treaty of trade Ir commerce with Uruguay.  An investment must be at Ieast 50% owned by a person from such a treaty country to qualify anyone for an E1/E2 visa.  A US citizen can own up to 50% of the business, but that doesn't qualify anyone for a treaty trader/investor visa --  it's the foreign national co-owner's citizenship that determines E1/E2 eligibility.

OP seems aware of that and is trying  to determine whether he can qualify under the “spouse of” allowance:

 

6 hours ago, TempunAlex said:

 

There are 2 ways to qualify for the visa according to various sources including gov website. 

 

I will paste here what it says :

 

":Citizens of non-treaty countries can qualify to apply for an E-2 visa through one of two ways. Either by taking up the passport/citizenship of a treaty country or derivatively i.e. if the applicant investor is married to a citizen of a treaty country, they may be eligible to apply for an E-2 visa."

 

This means that if you are from a country that is not within the treaty but you are married to a person that is from a country of the treaty ou can still apply. What if your spouse is from the United States? Would that qualify since they are from the country of origin of the treaty? That is what I am trying to figure out.

 

Thank you!

@jan22 you are always reason well, would you agree that the technicality of the US being part of the treaty - see sentence  highlighted in red above that is the crux of OP’s question - does not count for this purpose?

[Boiler 45,486]

Treaty Countries

 

Country	Classification	Entered into Force
Albania	E-2	January 4, 1998
Argentina	E-1	December 20, 1854
Argentina	E-2	December 20, 1854
Armenia	E-2	March 29, 1996
Australia	E-1	December 16, 1991
Australia	E-2	December 27, 1991
Australia 12	E-3	September 2, 2005
Austria	E-1	May 27, 1931
Austria	E-2	May 27, 1931
Azerbaijan	E-2	August 2, 2001
Bahrain	E-2	May 30, 2001
Bangladesh	E-2	July 25, 1989
Belgium	E-1	October 3, 1963
Belgium	E-2	October 3, 1963
Bolivia	E-1	November 09, 1862
Bolivia 13	E-2	June 6, 2001
Bosnia and Herzegovina 11	E-1	November 15, 1982
Bosnia and Herzegovina 11	E-2	November 15, 1982
Brunei	E-1	July 11, 1853
Bulgaria	E-2	June 2, 1954
Cameroon	E-2	April 6, 1989
Canada	E-1	January 1, 1994
Canada	E-2	January 1, 1994
Chile	E-1	January 1, 2004
Chile	E-2	January 1, 2004
China (Taiwan) 1	E-1	November 30, 1948
China (Taiwan) 1	E-2	November 30, 1948
Colombia	E-1	June 10, 1948
Colombia	E-2	June 10, 1948
Congo (Brazzaville)	E-2	August 13, 1994
Congo (Kinshasa)	E-2	July 28, 1989
Costa Rica	E-1	May 26, 1852
Costa Rica	E-2	May 26, 1852
Croatia 11	E-1	November 15, 1982
Croatia 11	E-2	November 15, 1982
Czech Republic 2	E-2	January 1, 1993
Denmark 3	E-1	July 30, 1961
Denmark	E-2	December 10, 2008
Ecuador 14	E-2	May 11, 1997
Egypt	E-2	June 27, 1992
Estonia	E-1	May 22, 1926
Estonia	E-2	February 16, 1997
Ethiopia	E-1	October 8, 1953
Ethiopia	E-2	October 8, 1953
Finland	E-1	August 10, 1934
Finland	E-2	December 1, 1992
France 4	E-1	December 21, 1960
France 4	E-2	December 21, 1960
Georgia	E-2	August 17, 1997
Germany	E-1	July 14, 1956
Germany	E-2	July 14, 1956
Greece	E-1	October 13, 1954
Grenada	E-2	March 3, 1989
Honduras	E-1	July 19, 1928
Honduras	E-2	July 19, 1928
Ireland	E-1	September 14, 1950
Ireland	E-2	November 18, 1992
Israel 15	E-1	April 3, 1954
Israel 15	E-2	May 1, 2019
Italy	E-1	July 26, 1949
Italy	E-2	July 26, 1949
Jamaica	E-2	March 7, 1997
Japan 5	E-1	October 30, 1953
Japan 5	E-2	October 30, 1953
Jordan	E-1	December 17, 2001
Jordan	E-2	December 17, 2001
Kazakhstan	E-2	January 12, 1994
Korea (South)	E-1	November 7, 1957
Korea (South)	E-2	November 7, 1957
Kosovo 11	E-1	November 15, 1882
Kosovo 11	E-2	November 15, 1882
Kyrgyzstan	E-2	January 12, 1994
Latvia	E-1	July 25, 1928
Latvia	E-2	December 26, 1996
Liberia	E-1	November 21, 1939
Liberia	E-2	November 21, 1939
Lithuania	E-2	November 22, 2001
Luxembourg	E-1	March 28, 1963
Luxembourg	E-2	March 28, 1963
Macedonia 11	E-1	November 15, 1982
Macedonia 11	E-2	November 15, 1982
Mexico	E-1	January 1, 1994
Mexico	E-2	January 1, 1994
Moldova	E-2	November 25, 1994
Mongolia	E-2	January 1, 1997
Montenegro 11	E-1	November 15, 1882
Montenegro 11	E-2	November 15, 1882
Morocco	E-2	May 29, 1991
Netherlands 6	E-1	December 5, 1957
Netherlands 6	E-2	December 5, 1957
New Zealand 16	E1	June 10, 2019
New Zealand 16	E2	June 10, 2019
Norway 7	E-1	January 18, 1928
Norway 7	E-2	January 18, 1928
Oman	E-1	June 11, 1960
Oman	E-2	June 11, 1960
Pakistan	E-1	February 12, 1961
Pakistan	E-2	February 12, 1961
Panama	E-2	May 30, 1991
Paraguay	E-1	March 07, 1860
Paraguay	E-2	March 07, 1860
Philippines	E-1	September 6, 1955
Philippines	E-2	September 6, 1955
Poland	E-1	August 6, 1994
Poland	E-2	August 6, 1994
Romania	E-2	January 15, 1994
Senegal	E-2	October 25, 1990
Serbia 11	E-1	November 15,1882
Serbia 11	E-2	November 15,1882
Singapore	E-1	January 1, 2004
Singapore	E-2	January 1, 2004
Slovak Republic 2	E-2	January 1, 1993
Slovenia 11	E-1	November 15, 1982
Slovenia 11	E-2	November 15, 1982
Spain 8	E-1	April 14, 1903
Spain 8	E-2	April 14, 1903
Sri Lanka	E-2	May 1, 1993
Suriname 9	E-1	February 10, 1963
Suriname 9	E-2	February 10, 1963
Sweden	E-1	February 20, 1992
Sweden	E-2	February 20, 1992
Switzerland	E-1	November 08, 1855
Switzerland	E-2	November 08, 1855
Thailand	E-1	June 8, 1968
Thailand	E-2	June 8, 1968
Togo	E-1	February 5, 1967
Togo	E-2	February 5, 1967
Trinidad & Tobago	E-2	December 26, 1996
Tunisia	E-2	February 7, 1993
Turkey	E-1	February 15, 1933
Turkey	E-2	May 18, 1990
Ukraine	E-2	November 16, 1996
United Kingdom 10	E-1	July 03, 1815
United Kingdom 10	E-2	July 03, 1815
Yugoslavia 11	E-1	November 15, 1882
Yugoslavia 11	E-2	November 15, 1882

Country Specific Footnotes

 

1. China (Taiwan) - Pursuant to Section 6 of the Taiwan Relations Act, (TRA) Public Law 96-8, 93 Stat, 14, and Executive Order 12143, 44 F.R. 37191, this agreement which was concluded with the Taiwan authorities prior to January 01, 1979, is administered on a nongovernmental basis by the American Institute in Taiwan, a nonprofit District of Columbia corporation, and constitutes neither recognition of the Taiwan authorities nor the continuation of any official relationship with Taiwan.
    
2. Czech Repubilc and Slovak Republic - The Treaty with the Czech and Slovak Federal Republic entered into force on December 19, 1992; entered into force for the Czech Republic and Slovak Republic as separate states on January 01, 1993.
    
3. Denmark - The Treaty which entered into force on July 30, 1961, does not apply to Greenland.
    
4. France - The Treaty which entered into force on December 21, 1960, applies to the departments of Martinique, Guadeloupe, French Guiana and Reunion.
    
5. Japan - The Treaty which entered into force on October 30, 1953, was made applicable to the Bonin Islands on June 26, 1968, and to the Ryukyu Islands on May 15, 1972.
    
6. Netherlands - The Treaty which entered into force on December 05, 1957, is applicable to Aruba and Netherlands Antilles.
    
7. Norway - The Treaty which entered into force on September 13, 1932, does not apply to Svalbard (Spitzbergen and certain lesser islands).
    
8. Spain - The Treaty which entered into force on April 14, 1903, is applicable to all territories.
    
9. Suriname - The Treaty with the Netherlands which entered into force December 05, 1957, was made applicable to Suriname on February 10, 1963.
    
10. United Kingdom - The Convention which entered into force on July 03, 1815, applies only to British territory in Europe (the British Isles (except the Republic of Ireland), the Channel Islands and Gibraltar) and to "inhabitants" of such territory. This term, as used in the Convention, means "one who resides actually and permanently in a given place, and has his domicile there." Also, in order to qualify for treaty trader or treaty investor status under this treaty, the alien must be a national of the United Kingdom. Individuals having the nationality of members of the Commonwealth other than the United Kingdom do not qualify for treaty trader or treaty investor status under this treaty.
     
11. Yugoslavia - The U.S. view is that the Socialist Federal Republic of Yugoslavia (SFRY) has dissolved and that the successors that formerly made up the SFRY - Bosnia and Herzegovina, Croatia, the Republic of Macedonia, Slovenia, Montenegro, Serbia, and Kosovo a continue to be bound by the treaty in force with the SFRY and the time of dissolution.
     
12. The E-3 visa is for nationals of the Commonwealth of Australia who wish to enter the United States to perform services in a "specialty occupation." The term "specialty occupation" means an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The definition is the same as the Immigration and Nationality Act definition of an H-1B specialty occupation.
     
13. Bolivia - Bolivian nationals with qualifying investments in place in the United States by June 10, 2012 continue to be entitled to E-2 classification until June 10, 2022.  The only nationals of Bolivia (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to June 10, 2012.
     
14. Ecuadorian nationals with qualifying investments in place in the United States by May 18, 2018 continue to be entitled to E-2 classification until May 18, 2028. The only nationals of Ecuador (other than those qualifying for derivative status based on a familial relationship to an E-2 principal alien) who may qualify for E-2 visas at this time are those applicants who are coming to the United States to engage in E-2 activity in furtherance of covered investments established or acquired prior to May 18, 2018.
     
15. Israel: Pursuant to a treaty of friendship, commerce, and navigation between the United States and Israel that entered into force on April 3, 1954 entitled nationals of Israel to E-1 status for treaty trader purposes. Nationals of Israel are not entitled to E-2 classification for treaty investor purposes under that treaty. Public Law 112-130 (June 8, 2012), accords nationals of Israel E-2 status for treaty investor purposes if the Government of Israel provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that Israel offers reciprocal treaty investor treatment to U.S. nationals and E-2 visa may be issued to nationals of Israel beginning on May 1, 2019.
     
16. New Zealand: Public Law 115-226, enacted on August 1, 2018, accorded nationals of New Zealand to E-1 and E-2 status for treaty trader/treaty investor purposes if the Government of New Zealand provides similar nonimmigrant status to nationals of the United States. The Department has confirmed that New Zealand offers similar nonimmigrant status to U.S. nationals and E visas may be issued to nationals of New Zealand beginning on June 10, 2019.

 

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 IN THE UNITED STATES:
VISIT THE USA

 FAQS: ABOUT VISAS - THE BASICS

 

[Rocio0010 5,579]

OP, why are you trying to get a visa? Are you looking to live in the US?

[TempunAlex 7]

7 hours ago, SusieQQQ said:

OP was asking if he could qualify for the E2 on cross chargeability rules (even though he didn’t phrase it that way) because his wife is a citizen of the US. Not sure what question you were answering. 

 

The why is because I am waiting on a K1 visa we filed a few months ago but I do have the capital to go through an E2 if I were legible but unfortuantely my country is not on the treaty list. I was not aware that the E2 would not allow me to change status and have immigrant intent down the road so this is definitely off the table. My fiance and I are planning on opening several businesses and It was just a thought. Thank you guys for your insight! Waiting patiently it is then for another 10 months or so haha.

[SusieQQQ 11,586]

44 minutes ago, TempunAlex said:

 

The why is because I am waiting on a K1 visa we filed a few months ago but I do have the capital to go through an E2 if I were legible but unfortuantely my country is not on the treaty list. I was not aware that the E2 would not allow me to change status and have immigrant intent down the road so this is definitely off the table. My fiance and I are planning on opening several businesses and It was just a thought. Thank you guys for your insight! Waiting patiently it is then for another 10 months or so haha.

So (1) yes it’d probably be refused for immigrant intent (2) uscis processing time for e-visa filings is currently 8 months and that excludes getting an interview at the embassy so that’s not really going to save you any time anyway.

[Mike E 11,739]

1 hour ago, TempunAlex said:

The why is because I am waiting on a K1 visa we filed  

 

17 hours ago, TempunAlex said:

For some strange reason there's absolutely nothing regarding having an American Spouse. 

You aren’t eligible  for a K-1 because you are married.  And if you keep going the direction you are going you risk a permanent ban for material misrepresentation . 
 

Cancel your K-1 process.  Start the IR-1 process. Forget about the E visa. 

[TempunAlex 7]

3 minutes ago, Mike E said:

 

You aren’t eligible  for a K-1 because you are married.  And if you keep going the direction you are going you risk a permanent ban for material misrepresentation . 
 

Cancel your K-1 process.  Start the IR-1 process. Forget about the E visa. 

I never said I was married, 

 

I could marry and go down a different route, I applied for a K1 since she's my fiance, I even just said in my last post she's my fiance.

[jan22 3,053]

5 hours ago, SusieQQQ said:

OP seems aware of that and is trying  to determine whether he can qualify under the “spouse of” allowance:

 

@jan22 you are always reason well, would you agree that the technicality of the US being part of the treaty - see sentence  highlighted in red above that is the crux of OP’s question - does not count for this purpose?

I'm sorry -- I thought I made it clear, but will try again.  There is absolutely no way anyone can qualify for an E1/E2 based on a US citizen's ownership of a business, even if that person is their spouse.  These visas are designed to encourage foreign investors/traders.  Unless there is a foreign owner/trader from a country with a qualifying treaty, the investment/commercial trading would not qualify anyone for an E1 or E2 visa.

 

Also, there is no provision for cross-chargeability (qualifying based on a spouse's nationality) in E visas.  The "nationality" of the business is based on the nationality of the owner (at Ieast 50% of the business) -- and that must be of a country with a qualifying treaty of "Friendship, Commerce, and Navigation treaties and Bilateral Investment Treaties".

[SusieQQQ 11,586]

40 minutes ago, jan22 said:

 

 

Also, there is no provision for cross-chargeability (qualifying based on a spouse's nationality) in E visas.  The "nationality" of the business is based on the nationality of the owner (at Ieast 50% of the business) -- and that must be of a country with a qualifying treaty of "Friendship, Commerce, and Navigation treaties and Bilateral Investment Treaties".

So how do you interpret the quote from the OP?

 

6 hours ago, SusieQQQ said:

 

":Citizens of non-treaty countries can qualify to apply for an E-2 visa through one of two ways. Either by taking up the passport/citizenship of a treaty country or derivatively i.e. if the applicant investor is married to a citizen of a treaty country, they may be eligible to apply for an E-2 visa."