E-2 marrying a US Citizen

[kitty419 0]

Hi there! I am a British Citizen who has been living in California for two years on an E-2 visa (I work for a company whose headquarters are in the UK and therefore they could sponsor me to move to the US). My fiance is also British but is a US Citizen as he has lived here since he was a teenager and went through naturalization to get citizenship. We are planning to get married in the next few months and then start the Green Card process. I have been doing a lot of research into which forms we need to submit. From my research, it looks like: I-130, I-130A followed by I-485, I-765, I-131. After today's research, I am now wondering if I also need to submit form I-508 as I am currently on the E-2. Would anyone be able to advise? I-508 is free to submit, so I am also wondering if I'm unsure whether to include it in my immigration package "just in case".

[OldUser 4,875]

Don't forget I-864 and I-693

[jan22 2,898]

With E-2 status (Treaty Trader), you have no rights, privileges, exemptions, or immunities that you need to waive unless you are working for (i.e., your salary is paid by) a foreign government or an international organization.  You indicate you work for a “company” headquartered in the UK, not the UK government nor an international organization, making it highly unlikely that you would need to file the I-508.  

[powerpuff 5,911]

*** Topic moved from Bringing Family members (other than spouse) to the US forum to AOS work/tourist/student visas - this would be an adjustment of status from a work visa case ***

[kitty419 0]

On 4/4/2024 at 6:36 AM, jan22 said:

With E-2 status (Treaty Trader), you have no rights, privileges, exemptions, or immunities that you need to waive unless you are working for (i.e., your salary is paid by) a foreign government or an international organization.  You indicate you work for a “company” headquartered in the UK, not the UK government nor an international organization, making it highly unlikely that you would need to file the I-508.  

Thank you for the info! Yes, I work for a British recruitment company. It can be a little overwhelming with all of the possible forms to fill in, so I appreciate the help!

[jan22 2,898]

Glad to help.  Hope all goes well with your process.