AOS from E3 visa

[Brett 0]

Hi,

I arrived about 9 months ago on an E3 visa and I am about to get married in about a months time. I have seen very little about this new visa and how it works with becoming a permanent resident after marriage. I am wondering if I can file the I-485 form to begin the process? Is this something I need to do prior to getting married? I plan to keep working while the AOS process is continuing.

I have spoen to a lawyer about this briefly, but he is very expensive and wondering if i can just do this myself.

Thanks for your help,

Brett.

[Dr_LHA 3]

The E-3 is (IIRC) a funky Aussie version (at least for it's Aussies) of the H-1B visa. I would assume that the process of adjusting status from an E-3 would be the same as that from an H-1B. I.e. after you get married your spouse files the I-130 and you file the I-485 (in the same envelope). At this point you can also file for EAD or AP. I don't know if E-3 is dual intent like the H-1B. If it is you can continue to work and travel with it as AOS is pending.

As E-3 is pretty new it's probably worth looking at the USCIS regulations on it, and if you can't do that, the lawyer may be worth the money.

OK. Turns out E-3s are not "dual intent" like H-1Bs.

http://www.visalaw.com/05may1/4may105.html

[Boiler 47,514]

The E-3 is (IIRC) a funky Aussie version (at least for it's Aussies) of the H-1B visa. I would assume that the process of adjusting status from an E-3 would be the same as that from an H-1B. I.e. after you get married your spouse files the I-130 and you file the I-485 (in the same envelope). At this point you can also file for EAD or AP. I don't know if E-3 is dual intent like the H-1B. If it is you can continue to work and travel with it as AOS is pending.

As E-3 is pretty new it's probably worth looking at the USCIS regulations on it, and if you can't do that, the lawyer may be worth the money.

OK. Turns out E-3s are not "dual intent" like H-1Bs.

http://www.visalaw.com/05may1/4may105.html

That only matters if he intends to travel prior to adjustment. Then he would need AP to get back in.

[Brett 0]

OK. Turns out E-3s are not "dual intent" like H-1Bs.

http://www.visalaw.com/05may1/4may105.html

Is that a problem then? Can I still go through the normal process then to apply for AOS?

[Dr_LHA 3]

As Boiler says, the only affect of it not being "Dual Intent" is that once you file AOS you cannot use it to travel, whereas an H-1B is one of the few visas that remain valid in the process of filing EAD.

AFAIK you can file for AOS in the same way as an H-1B, i.e. through the I-130 and I-485, but given as the E-3 is a new visa and I doubt many people have tried what you are doing, it might be worthwhile either talking to an attorney or making an Infopass to talk to USCIS about it. The benefit of the latter of course being its free.

Edited August 25, 2006 by dr_lha