Fired on E2
 

Hi all, I'm a first-time poster.

I have been working in the US for a few years on an E2 visa through my employer. However, my agency is downsizing and as a result, my employment has been terminated.

I have spoken to an immigration lawyer about my options and as I was going to marry my American girlfriend (5+ years) we have decided to opt for a shotgun marriage and file for green card immediately. My lawyer seems to think this is a good option.

The one question is, my lawyer says the expiration of the E2 is a "grey area" and i can't seem to find any solid information on when I would no longer technically be on an E2. Does anybody know the rules on this as I am not the actual investor, just an employee of the investor? I am still being paid by my agency for a couple of weeks. Does this help? Has anyone been in the same situation?

Many thanks

Re: Fired on E2
 

Actually, you might have forgotten, but you posted back in April and May of 2005. You were on a J-1 and going for an H1-B back then.

If you're marrying your USC girlfriend, I would say it doesn't really matter too much when your E-2 stops. If it stops before you apply for AOS, you'll be here without status until the AOS is accepted, so just be careful not to get into any trouble with the law. Your out of status should be forgiven because you will be married to a USC.

Best Wishes,
Rene

Re: Fired on E2
 

I would ditto that.

Re: Fired on E2
 

Marry and file..ASAP...

Re: Fired on E2
 

Hi

Thank you for your input. Circumstances have now changed and we are looking to go for the K1 (fiance visa)...we want to have a real wedding that we can share with friends and family. However, I am still in the states and technically out-of-status. My employment on E2 officially ended two weeks ago but my I-94 date is Dec 2009 as I was back in the UK for Christmas.

Do you think my current out-of-status situation will affect our K1 application if I leave within the next month or so?

I have a lot of stuff to sort out before leaving with regard to my apartment, utilities etc but does immigration expect people to get out within a certain period of time after ending employement with an "E2 employer"? I really don't want my current situation to affect our future K2 application.

Any help would be fantastic...you guys are a great source of information.

Regards
James

Re: Fired on E2
 

What more important to you your immigration status or "a real wedding"

Re: Fired on E2
 

Well, obviously we want to be together so ultimately the immigration status is important. However, if there will not be any problems with getting the K1 then we would prefer that route because we would have the wedding, be together and be able to resolve the immigration.

I am not sure if me being in the states is technically viewed as an overstay, I suppose that is my key concern.

Re: Fired on E2
 

Why not get married tommorrow (cheaply)then and change
your status now...then arrange for a party with friends and
family at a later date ..if you leave and file K-1
it may be 10 months before your back ..and with vast added costs ..

Re: Fired on E2
 

How will she stay in the UK for that period?

180 days and you have a ban.

Re: Fired on E2
 

if you leave and file K-1
it may be 10 months before your back ..and with vast added costs

We don't mind being apart as our relationship started as long distance (18months). We have the funds to have her visit the UK and me to visit her (probably in Canada).

I'm just trying to understand that I will be OK for the K1.

Re: Fired on E2
 

She will stay in the US while I stay in the UK. She has a good job here and i plan on working on my return to London until the K1 is approved.

Re: Fired on E2
 

Hi:

Do not conflate "out of status" with "expiration of time." Being out of status means you are subject to removal. The 3/10 year bars you note relate to staying beyond the time given you by DHS. Not the same thing.

Re: Fired on E2
 

You have mentioned no reason why you should not, but there are never any absolutes.

I assume you have a very good reason for doing this that you have not mentioned.

Re: Fired on E2
 

Hi

I haven't been given a time by DHS. My E2 was handled by my employer's lawyers. Therefore, I don't really know how I would obtain the time...would they contact me directly or would they tell my previous employer's lawyers?

Any input you have would be great!

Re: Fired on E2
 

Ok.........Don't know anything about the E2 but........if your getting married, GET MARRIED. If she is an american citizen get married, then file your paperwork. You will have to have a medical, bio metrics and an interview. This takes time but once you have your bio metrics you will be issued a temporary social security number. You will also be issued a tempory work permit untill your green card is processed. One word of caution!! while waiting for paperwork to be processed don't leave the country. You entered legally when you arrived so you should get a green card being married to an american citizen. If you leave and come back you will be in a lot more mess, so get married asap, file paperwork, sit tight and you should get a green card.

Re: Fired on E2
 

You can completely resolve your immigration status and dilemma by getting married NOW and going through the AOS process. Why cause unnecessary problems for yourselves by leaving the USA, not sure of any overstay, you were out of status, then spend 8 to 10 months more apart, waiting for the K-1? If your goal is to stay together, you can just do that right now.

Personally, I would NOT choose the K-1 route in this case. Stay in the USA and adjust your status - when you have your GC in hand, then go wherever you want and have a nice big party. Why spend all those months apart when you don't have to?

Rene

Re: Fired on E2
 

This isn't true. The SS number doesnt' come automatically after having biometrics taken. Also, the social security number he will be issued (after applying for it) will be his for life. It's not temporary. In fact, if he was already here in the USA working, I assume he already has a SS number anyway.

This isn't temporary either. It's valid for 1-year, and is renewable.

Rene

Re: Fired on E2
 

If you decide to go the K-1 route anyway, my opinion is that your previous E-2 and loss of job will not adversely affect a future K-1 application.

Rene

Re: Fired on E2
 

Thank you Rene (and everyone else) your input is very useful. I do have one final question. If we were to pursue the K1 route, would it be possible for me to visit the states through the VWP while my K1 application is being processed? We can afford to meet up in Canada but being able to enter the US would be easier.

Regards
James

Re: Fired on E2
 

Yes, it's allowed. Bring plenty of proof of your return to the UK to show at the POE, if asked.

Rene

Re: Fired on E2
 

You can not use the VWP if you have an overstay, which you might have.

Re: Fired on E2
 

There must be some other reason you want to pursue the K-1 that you aren't sharing? Or maybe you can explain the rationale.. it just seems nonsensical and expensive.

Re: Fired on E2
 

I think this is the first time on the forum where I've seen a couple who has a valid chance to remain together now, actually OPT for being apart for 10 months!!

Re: Fired on E2
 

Well, think about Don, who is in Greece right now, and how that went.

There can be valid reasons for doing this, but we are answering the objections he raises here. Maybe those aren't the 'real' objections?

Re: Fired on E2
 

Bzzzt... no such thing!

Ian

Re: Fired on E2
 

You have been given a time by DHS. It's the expiration of your I-94, so Dec 09.