View Full Version : Change of Status: E2

11-26-2009, 12:42 PM
Hello All,

first of all I would like mention that I find this forum great as it helps alot of people dealing with their visa issues...

I have a few questions myself and was hoping I could find someone who can guide me a little bit as I find confusing what I shall do.

Here is my situation:

My Spouse is presently holding a E2 visa, but her employer already informed us that she will be layed off in 1-2 months and we should get prepared

I am an US citizen and my spouse and me got recently married in Germany. (This was before we knew that my wife will be loosing her E2 status by the end of the year).

I am in the procees of changing my job and perhaps we will leave the US for good, but it is also likely that I will take on a job in the US again. In any event my wife will not need a work permit and for the time being we are only looking for her to be legally in the US until I have figured out were my new job will take me.

So here is my question:
If we decide to leave the country soon (lets say within next 4 months) will the i130 form be sufficient so that my wife can stay legally in the US? or is there maybe another form I should file? I am looking for a easy and cost efficient way for her to remain legally in the US in case her E2 visa will be canceled soon.

Also my wife intends to travel during December. Is she allowed to do so while the i130 spplication is pending, but the E2 is still valid?

It would be great if someone could help on above questions because I could not locate the information in the forums

best regards + happy thanks giving.