Preconceived intent and AOS from E2 visa

[newlyweds2010 208]

I have a good family friend who holds an E2 visa. He is currently out of the US and his visa is about to expire (about 2 months). It is my understanding that if he comes back before the visa expiration, he will still be admitted for a period of 2 years. Meanwhile, he also expressed his desire to get married to his long time girlfriend with whom he has a 6-year old son and apply for a green card. Do you think it would be ok to travel back to the US before the visa expiration, then get married and file for AOS? Ultimately the reason of his travel back to the US is to take care of his business, although admittedly he also wishes to get married and AOS. Any thoughts? Thank you.

[Harpa Timsah 13,258]

An E2 visa must depart the US every 2 years to renew their visa, and it is renewable indefinitely. He has been living in the US for a long time, so it is as if this is a visit abroad from the US, not returning home and reentering. He should just come home and live his life. Don't meddle

Edited February 7, 2013 by Harpa Timsah

[newlyweds2010 208]

An E2 visa must depart the US every 2 years to renew their visa, and it is renewable indefinitely. He has been living in the US for a long time, so it is as if this is a visit abroad from the US, not returning home and reentering. He should just come home and live his life. Don't meddle

Would it change your answer if hypothetically my friend had spent much more time abroad than in the US in recent years, to the extent that travels to the US are not really a return home but more like periodic visits?