Spouses and children under the age of 21 who wish to accompany, or follow to join, an E-1 or E-2 visa holder may apply for derivative E-1 or E-2 visas. They need not hold the same nationality as the E-1 or E-2 visa holder. Please see 9 FAM 402.9-9.
If the family members are in the United States and are seeking a change of status to, or extension of stay in an E-1 or E-2 dependent category, they may apply to the U.S. Citizenship and Immigration Services (USCIS). Spouses who wish to work may apply for work authorization by filing the form I-765 with USCIS. If approved, there is no specific restriction as to whether they may work. Please visit the USCIS website at www.uscis.gov for further information.
If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it is valid for U.S. visa purposes. Therefore, if you are applying for a visa in a category where derivative visa status may be accorded to spouses, you may apply for a visa based on your marriage.