ukinus

I have been working in the US since October 2002 on an E-2 visa.
I have just got engaged to an American Citizen.
My current visa expires in September 2004 and will be re-newed by my UK company for a further 2 years.
We plan to get married in July 2005.
All I find is info about K-visas? Does anyone have any information on what happens to my E-visa.
Is it effected by our engagement/marriage?
Once married, how long is the green card process?
Will I encounter any problems from an immigration perspective.

Also once I am married – will my mother be able to come over from the UK to live?
What is the process & does it take long?

Andrew Wilson

If you are not getting married until July 2005, as you know you will need to renew your E-2 status if it expires September 2004. I am assuming your visa is good for 5 years and your I-94 was only good for 2 years, or wa syour vis aalso only valid for 2 years?

If you visa is good for 5 years, all you need to do is apply leave and obtain a new I-94. If your visa is about to expire, you can either leave and come back on a new I-94 with two more years although you will not be able to travel after your visa expires) or you can apply for and obtain a new visa.

Your engagement shoudl not be a problem, although you should be aware of the dual intent issue with E-2's. If you apply for a new E-2 visa, I know the DS-156 asks if you have a fiancee that is a US citizen or green card holder. Since the E-2 is only a temporary status, there coudl be a problem with you engaged to a USC. Something to be aware of and address.

If you are in the US on your E-2 and you get married, you should not need the K-1. You should be abel to file for your green card through your spouse and through adjustment of status.

Green card process can depend on wheer you live, with some areas taking 8-12 months, others taking 1-2 years. That should change though with the new National Benefits Center and we should see more uniform processing times.

With respect to your mother, could not sponsor her until and if you became a US citizen.

http://travel.state.gov/visa_bulletin.html

Regards,

Andrew


Andrew M. Wilson, Esq.
[email protected]
www.srwlawyers.com