jrobert2

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

Noorah101

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

scrubbedexpat099

I would ditto that.

Ray

Marry and file..ASAP...

jrobert2

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

Ray

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

jrobert2

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.

Ray

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 ..

scrubbedexpat099

How will she stay in the UK for that period?

180 days and you have a ban.

jrobert2

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.

jrobert2

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.

Folinskyinla

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.

scrubbedexpat099

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.

jrobert2

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!

jay123

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.