E2 Visa and Travel Ban on 6 Muslim Countries (Presidential Proclamation)

Allan R

New Member
I am a Canadian citizen married to an Iranian citizen who is a permanent resident of Canada (Canadian PR). We currently live in Toronto, Canada and planning to move to US to start a business in Florida. I will be investing substantial amount of money into this business and I have no doubt that it will meet all the requirements for an E2 visa. However, the problem I am running into right now is the new Travel Ban that was executed by President Trump's administration on 6 Muslim countries (including Iran). This is unfortunate and is becoming a roadblock in our immigration process. My wife will be eligible to apply for Canadian citizenship in 3 month but the process usually takes about a year until she can get her Canadian passport (looking at Apr 2019). This is going to put a significant delay to my business. Ideally, I would like to start the E2 application in Feb 2018 (with help of a lawyer) and move to US in March/April of 2018 to start the business.

The Travel Ban has two exceptions which could potentially apply to my situation (not 100% sure):

Option 1. The travel ban can be waived for those that have a credible claim of a bona-fide relationship with a person or entity in the United States.

Option 2. The Travel ban does not apply to students that are applying for F1 visa. I could potentially apply E2 for myself and F1 for my wife to bypass the restrictions.

Question:

Ideally, I would like to proceed with option 1 so that we can avoid the tuition fees and ensure we are both on the same visa type. If I do decide to proceed with Option 1, are there any waivers that could apply to my wife? Given the fact that she will be accompanying me as her husband. Will this be considered as credible claim for a bona-fide relationship ?

If anyone has tried a different scenario that worked or has any further information on this, please share with me.


Thank you in advance.
 
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