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Expert James, Immigration Attorney
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I am currently on E2 Visa that expires Nov 3, 2016. My i-94

Customer Question

I am currently on E2 Visa that expires Nov 3, 2016. My i-94 expires Nov 12th, 2016.
My wife is a dependent E2 visa holder. Her visa expires Nov 3, 2016 BUT has a i-94 that doesn’t expire till March 2018.
I am currently abroad, renewing my E2. Left the US on Oct 18th, 2016. Visa can take 3-4 weeks to be issued.
Question, what is the max date she can stay in the US while I’m abroad? Is it till her i-94 was issued.
Can she stay while there is a gap between my old/new E2 visa and I’m abroad?
Can she stay while there is a gap between my old/new i94 visa and I’m abroad?
Also, please clarify once I have a new E2 visa, if I can still be abroad and her in the US.
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Expert James replied 10 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

ANSWER: If you are outside of the US when your E2 visa expires, then she falls out of status on that day. Why? Because you are not eligible to enter in E2 status unless and until you have a valid E2 visa and her status is completely dependent on your status being E2.

I hope I have answered your questions. Please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. You can still ask more questions, even after you’ve given a rating.

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Thank you!

Expert:  Expert James replied 9 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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