E2 getting married timeline

[Belgium 0]

Hello, 
I am a E2 Visa holder for the last 7 years.

my I-94 got extended to August 2017.

I don't want to file for the Visa again because we are planning to get married anyways.

How long would it take once you are officially married till you have your adjustment of status and green card?
If we go on a honeymoon would i be able to get back into the country?

We were thinking of going to Europe and get married in Belgium as well.
Because at this moment the e2 is expired and i am just here on the extended I-94.

 

Thank you all in advance.

[geowrian 22,335]

Assuming you are getting married to a USC... once you get married and file for AOS, you will have a legal status. Once AOS is approved, you will get a green card and have permanent residency.

 

Once you file your AOS packet, you will not be able to exit the US for any reason. Dong so is an abandonment of your AOS application. That said, I suggest filing for an EAD and AP at the same time as AOS (no extra charge). They take roughly 90 days to get, and will allow you to work in the US and travel abroad for short periods of time.

[Belgium 0]

Problem is that I need to travel to Belgium for my company by April 2.

I could file for my E2 visa again. But that is 3000 pages to file it.

What about an engagement visa?

Could i get it faster and be able to travel back to the US and keep running my company like with the E2 ?
Or are you not allowed to work under an engagement visa?

 

Edited February 7, 2017 by Belgium

[geowrian 22,335]

13 minutes ago, Belgium said:

Problem is that I need to travel to Belgium for my company by April 2.

I could file for my E2 visa again. But that is 3000 pages to file it.

What about an engagement visa?

Could i get it faster and be able to travel back to the US and keep running my company like with the E2 ?
Or are you not allowed to work under an engagement visa?

 

By engagement visa, I'm assuming you mean a K-1 "fiance visa". Yes, this visa does not permit working while in the US. Technically, you can work so long as you get an EAD, but that takes ~90 days and expires with the K-1, and K-1 is only valid for 90 days. So yeah, getting an EAD while on a K-1 is usually pointless. Once married on a K-1, you can file AOS + AP + EAD. Again, there's the 90 day period to get the EAD so you can work.

 

Using an E2 visa to enter the US for the purpose of filing AOS is visa fraud. E2 is a non-immigrant visa w/o dual intent - you are not permitted to use it to enter the US for the purpose of staying in the US. There are ways to legally adjust to AOS once inside the US, but you cannot enter the US for that purpose.

 

A K-1 takes approximately 6 months (albeit it's probably closer to 8 months right now since I-129F processing is ~2 months behind) for approval.

 

You could marry in the US, file for AOS, and then file for emergency AP. That said, there's no guarantee the expedite will be approved. You would also need a valid EAD in order to work in the US when you re-enter. You cannot qualify for any other visa while in AOS - AP is your travel document to enter the US.

Edited February 7, 2017 by geowrian

[Belgium 0]

Sorry I just looked at my Visa, it was an E1 but that probably doesn't change a lot.

I am living in the US at this moment. I just need to go back for a month to Belgium for Business.

But because the E1 is expired i only have a valid I-94 from the I-129 i filed. 

It is some kind of an extension. 

Do you have an idea what the cost is of an expedited filing?

 

Can you quick tell me what these terms means:

AOS

AP

EAD

 

Thanks!

 

[geowrian 22,335]

17 minutes ago, Belgium said:

Sorry I just looked at my Visa, it was an E1 but that probably doesn't change a lot.

I am living in the US at this moment. I just need to go back for a month to Belgium for Business.

But because the E1 is expired i only have a valid I-94 from the I-129 i filed. 

It is some kind of an extension. 

Do you have an idea what the cost is of an expedited filing?

 

Can you quick tell me what these terms means:

AOS

AP

EAD

 

Thanks!

 

Correct. The qualifications differ, but they grant essentially the same permissions within the US.

 

I understand. I'm just telling you the way it is. To go the marriage route, you would need to get married, file for AOS, and obtain AP before leaving the US. If that timeline doesn't work for you, the alternatives are:

 

1) Have your fiance file an I-129F form. This is so you can eventually get the K-1 visa. ETA: 6-8 months. K-1 lets you enter the US, get married within 90 days, then you can file for AOS. No work permit is available until you get your EAD (~90 days after AOS filing). No leaving the country is permitted once AOS is filed until you get AP (also ~90 days after AOS filing).

2) Get married (either in the US or out of it), then file for a spousal visa (CR-1). ETA: 10-12 months. No AOS is required after entering the US....you will already get a green card shortly after arrival. A green card is proof of your permanent resident status, which includes the ability to travel outside the US and work within the US.

 

There is no cost for an expedited filing. It's not a pay-to-play structure.  You just file normally then contact USCIS to request it and tell them why. They will require that you send them proof as well. From that, they make their decision. For emergency AP, I think this is usually in a matter of days to weeks (other expedite requests like for the I-129F can sometimes take a month or more for a decision).

 

AOS = Adjustment Of Status. This is the process for a non-immigrant within the US to adjust their legal status to a legal permanent resident (LPR). If approved, you get a green card. The main for for this is the I-485, but there are several other forms that go along with it.

AP = Advance Parole. This is the document that lets you travel outside the US for short trips while your AOS is pending.

EAD = Employment Authorization Document. This is basically your work permit, which lets you work within the US.

 

Best wishes!