Any one heard of this?

[JulieC]

Someone I know who is two years into a 5 year E2 recently went home for a wedding and to renew their 1-94. They had a hell of a job getting back in, The port of entry officer wanted to see they had filed a 1-129, why should we say they, we have three years left on our visa. He said this was something decided in recent meetings. The husband called the supervisor over and they were eventually let in with a dont do it again. This lady has since called her visa attorney who said she had never heard the like,

But speaking yesterday to another member of these boards, another person in the same situation was apparently denied a two year 1-94 on re-entry though they have three years left on their visa. Could be the same officer as mine came in through Orlando?

[DavidL]

Julie,

We have asked to see the supervisor on several occassions and this has always prompted the officer to back down. They have an on-line manual at their terminals for easy reference.

[chris]

Julie,
Am just renewing our I-94's as we speak amd am looking at the I-129 (Petition for a Non-Immigrant Worker) right now. In nice big letters, it says in Section 5 (NOTE: a petition is not required for an E1, E2 or R Visa).
That's Black and White on their own latest print I-129. I think that says it all dont' you! If anyone has to travel, why not download the form and keep it with you to show the CIS what THEIR form actually says and show thet YO know more about THEIR system than THEY do!!!!

[chris]

I wanted to add a little more tho this thread as it's been raised before on another site and I'm wondering whether we are seeing the noose being tightened that little tighter by the authorities.
The E2 Passport Visa is usually issued for 2 yrs initially and renewed/not renewed thereafter. When you make that first journey over with your new E2 passport visa, the CIS at port of entry will issue I-94 for 2 years (that's the max they can issue it for). On the basis of a 2 year passport visa they would both require renewal on or about the same time and you usually renew the I-94 by leaving and coming back in. If you have not renewed I-94 by leaving/coming back in at the 2 year point, you renew by mail with CIS, by completing I-129 (Petition for Non-Immgrant Worker) and I-539 (Application to extend/change non-immigrant status for family members). Both forms in the context of I-94 renewal are to EXTEND E2 Status. Once approved by CIS you get back a form 797 which is the new I-94 and lasts for 2 years. However, if you depart the US, you hand that form in as you would any I-94. And thereby lies the problem, as I see it. The CIS seemingly want you to have an I-129 completed and to have one when you come back in to the country. However, that form is the 'extend E2 status' and comes back to you as an I-94 card which you hand in when you depart the US. It therefore follows that NO-ONE re-entering the US would have an I-129 because they would hvave handed it in when they left. The way I see the rules, the only time you need to complete an I-129 as an E2 Visa holder is if you extend your E2 status by completing the forms 129 and 539 by mail instaed of leaving and re-entering.
I think this is another example of how broken and overlycomplicated the US Immigration System is. If the people administering can't understand it, what hope is there for the rest of us!