Marriage to non-US citizen with work visa

[Jughead 3]

Hi,

I am new to the forums and have found the information on here to be very helpful. I have a few questions regarding getting married to a non-US citizen so I apologize if I might be posting this to the wrong area of the site.

My girlfriend and I have been together since late 2011. She is from Japan and was sent to work in the US by her company on a work visa. However, the company recently told her they are sending her back to Japan. Before she got this news we had talked about getting married next year. Now that she has to go back we're trying to figure out what is our best option.

She is currently trying to find a new job. If she were to get a new job that sponsors her for a new work visa, could we still get married in the US next year with no problems? Also, could she remain in the US on her work visa while applying for adjustment of status/immigrant visa or would she have to go back to Japan during that period?

If she can't find a new job, we are considering getting married in Japan instead. If we go that route, is it as simple as I have read: get married and then come back to the US and file an I-130 and I-485? Would I as an American need a visa to get married in Japan or do I just go as a tourist?

[Que Saudade 284]

If she leaves the country and you guys get married in Japan, she will have to wait in Japan until CR1 visa is approved.

You guys can get married here and she can adjust status here. Read here

[Boiler 43,425]

Agree

Marry and adjust.

[JohnR! 5,495]

If she finds a new sponsor she can change jobs and stay in the US, everything remains as it is now. If she must return to Japan, you can marry here here in the US and apply for her green card.

Is she the one? Get 'er done already!

You can always go to Japan at a later time and have a ceremony there too.

[Jughead 3]

Thanks for the responses! The reason we are not getting married right now is because we want to do things right and be respectful to both our families.

Another question...her current visa is an E-2. If she gets the same kind of visa from a new employer, would she be able to stay in the US and travel abroad while the CR-1 is being processed? Or does that only apply to H-1 and L-1 visas as mentioned in the link above?

[Que Saudade 284]

Thanks for the responses! The reason we are not getting married right now is because we want to do things right and be respectful to both our families.

Another question...her current visa is an E-2. If she gets the same kind of visa from a new employer, would she be able to stay in the US and travel abroad while the CR-1 is being processed? Or does that only apply to H-1 and L-1 visas as mentioned in the link above?

Hmmm, good question. Will see if someone who is more knowledgeable can answer this. This is the first E2 visa I have seen.

[Boiler 43,425]

E2 is not dual intent, but other than that should not be too much of an issue.

[Anh map 2,098]

Thanks for the responses! The reason we are not getting married right now is because we want to do things right and be respectful to both our families.

Another question...her current visa is an E-2. If she gets the same kind of visa from a new employer, would she be able to stay in the US and travel abroad while the CR-1 is being processed? Or does that only apply to H-1 and L-1 visas as mentioned in the link above?

CR1 visas are issued at embassies/consulates which are only outside the US. That means she is living in Japan.

FWIW: have a small civil marriage here soonish, file to adjust status, then have a big wedding celebration for family and friends. She doesn't have to worry about the work visa, you two can plan the wedding parties accordingly. It may not be the fairy tale, but it does make the immigration part a whole heck of a lot easier.

[Que Saudade 284]

Anh, I guess a better question would be...

If they get married and file for adjustment of status from the E2, would she still be able to travel in and out of USA (provided she doesn't use marriage based EAD and her E2 is current) without filing for advanced parole?

Much like the H1 and L1?

I think that is what the OP is trying to ask. Of course I am speculating.

Edited August 14, 2012 by Que Saudade

[pushbrk 12,103]

My advice in these hypothetical situations for those making future plans is to make your life plans first and then take the immigration path that fits those plans. Since you don't know what her status will be next year regarding visa or work, you'll have to wait until those plans and your wedding plans gel before choosing an immigration path.

[Jughead 3]

E2 is not dual intent, but other than that should not be too much of an issue.

When you say "E2 is not dual intent" you mean it wouldn't look suspect like if she were on a student or tourist visa, correct?

CR1 visas are issued at embassies/consulates which are only outside the US. That means she is living in Japan.

Ahh. So what type of visa would she be issued if she applies for adjustment from the work visa while in the US?

Anh, I guess a better question would be...

If they get married and file for adjustment of status from the E2, would she still be able to travel in and out of USA (provided she doesn't use marriage based EAD and her E2 is current) without filing for advanced parole?

Much like the H1 and L1?

I think that is what the OP is trying to ask. Of course I am speculating.

Yes. That is what I'm asking.

[pushbrk 12,103]

When you say "E2 is not dual intent" you mean it wouldn't look suspect like if she were on a student or tourist visa, correct?

Ahh. So what type of visa would she be issued if she applies for adjustment from the work visa while in the US?

Yes. That is what I'm asking.

No "visa" is issued during an adjustment of status process. That process ends in the issue of a green card, signifying permanent resident status. Visas are used to enter countries. If she's adjusting status, she's already here and does not need any NEW visa.

It doesn't "look suspect" either way. That's not a consideration. It goes to your "Yes, That is what I'm asking." It means that if she's here on an E2 visa, and leaves the USA....DURING the adjustment of status process, she might not be allowed back in. So, it's best to STAY in the USA until the green card is in hand.

Edited August 14, 2012 by pushbrk

[Jughead 3]

No "visa" is issued during an adjustment of status process. That process ends in the issue of a green card, signifying permanent resident status. Visas are used to enter countries. If she's adjusting status, she's already here and does not need any NEW visa.

It doesn't "look suspect" either way. That's not a consideration. It goes to your "Yes, That is what I'm asking." It means that if she's here on an E2 visa, and leaves the USA....DURING the adjustment of status process, she might not be allowed back in. So, it's best to STAY in the USA until the green card is in hand.

Thanks. That helps make sense.

What happens when the E2 expires (during the adjustment of status process)? I know I'm jumping ahead, but would she be able to stay?

[Harsh_77 716]

Thanks. That helps make sense.

What happens when the E2 expires (during the adjustment of status process)? I know I'm jumping ahead, but would she be able to stay?

As soon as you file for adjustment you are in good standing, even after her E2 expires.

[Que Saudade 284]

Thanks. That helps make sense.

What happens when the E2 expires (during the adjustment of status process)? I know I'm jumping ahead, but would she be able to stay?

Yes, she does stay here while waiting for the adjustment to be adjudicated, in fact it probably is in her best interest. Additionally, keep in mind what Pushbrk said...

DURING the adjustment of status process, she might not be allowed back in. So, it's best to STAY in the USA until the green card is in hand.

When you file adjustment of status, you can also file for EAD and AP. You can read up on those since it isn't going to happen overnight.

If her E2 expires, she will not be able to work in US, but once EAD is approved, she can work legally based on that approval prior to receiving green card.

Good luck, you have received some of the best advice on VJ from Pushbrk. His comments are "spot on".