E2 visa inside or outside USA?

[shelley748]

Hi there- new to the forum. Would like to know please the following- I am looking to go down to the USA with my hubby- he will be the business person, I will be on a TN visa. Now is it better for us to get him the E2 visa before we go down there- only worry is that if we had already moved there and he was looking for a suitable business, then found one, we apply for a change of status within the USA- what happens if we want to leave USA to visit relatives? His passport won't have the E visa in it and I understand the consulates don't just rubber stamp the passport with the E visa- they may re-adjudicate the whole thing? Whereas, if we apply on a business plan( buying a franchise) before we go, is that going to cause us less headaches?

Thanks.

 

[thevisaexpert]

I usually never recommend obtaining an E2 visa through a U.S. Service Center. Even if you obtain an approval you cannot travel. You are right, you would need to completely re-apply in the home country. Often times the home country does not give any deference to the approval through the Service Center.

The best option is to have your husband sign a Power of Attorney to allow someone in the states to do the busy work for him here (i.e. opening corporate bank account, etc.). Or an even better option would be for him to come to the U.S. on a B1/B2 visa to research opening a new company. As long as he is not actually earning any profit, it is legal. Once he gets everything set up he can file the E2 application in his home country and wait for approval. Hope that helps! (info@thevisaexpert.com)