E2Visaholder

I am married to a US citizen, with an I130 in progess. What happens if my E2 visa expires before my I130 is granted? Should I apply for an EAD?

ian-mstm

Did you also submit an I-485 with the I-130? If you did, you *could* also have filed the I-765 (which leads to the EAD) at the same time. If not, you can still submit it now as long as you have proof that you filed the I-485. If you filed only the I-130, you do not have any valid basis to file for an EAD.

However, as I understand the process, the E2 can be renewed over and over.

Ian

E2Visaholder

An 1-130 plus an I-485 has been filed. Good to know that I can file for a EAD via the I-765 retrospectively. But the question is do I need to?

Do I get a green card automatically on the adjustment of status?

Noorah101

Your green card isn't really automatic. You need to be approved at the AOS interview. If you're missing some documents or your security check isn't finished yet, you wont' be approved the day of the interview. In my opinion, if you want the freedom to work somewhere else, apply for the EAD. And do it before July 30, as fees are going up.

Rene

Elvira

Does he need Advance Parole for travel?

Noorah101

I don't know if the E-2 is multiple entry or not.

After his E-2 expires, if he's still waiting for AOS approval, then yes, he'd need AP to travel.

Rene

E2Visaholder

I believe I need an I-131 if I want re-entry on travelling outside the USA if my E2 visa expires before I-130/I-485 approval.

Thank you every one for your feedback, very useful, by the way I am a SHE!

E2Visaholder

If my I-94 and E2 visa expires before I get I130/I485 approval, due to lengthy processing times, do I just sit tight or request aan I-94 renewal?

Noorah101

It's better if you continue keeping your E2 status while you wait for your AOS to be approved. That way, you won't go out of status while waiting.

Rene

Joe Feise

E2Visaholder wrote on 07/01/07 22:33:

>> I believe I need an I-131 if I want re-entry on travelling outside the
>> USA if my E2 visa expires before I-130/I-485 approval.
>>
>> Thank you every one for your feedback, very useful, by the way I
>> am a SHE!
>
> If my I-94 and E2 visa expires before I get I130/I485 approval, due
> to lengthy processing times, do I just sit tight or request aan I-
> 94 renewal?
>


If you have a pending I-485, you are legal even past the I-94 date.
You would need AP (using form I-131) to travel.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

E2Visaholder

Thanks Joe,
That would seem to make sense, thats what I suppose happens when a US citizen files for their recently married spouse inside the USA.

Noorah101

That's true, although I believe if for some reason your AOS ends up getting denied, they do count your overstay starting from whenever your E-2 expired.

Rene

E2Visaholder

I eventually managed to speak to the USCIS general information desk (1-800-375-5283). Found out that route on the USCIS web site by clicking INFOPASS.

This is what they said,

As I entered the country legally nearly two years ago, and that as long as there is an I-130 & I-485 pending, (these have been filed concurrently), I am OK, I do not need to extend my I-94. However, without a I-131 (to travel & re-enter) I am USA landlocked until the processing completes. If required I can apply for a I-131, I don't see the point at the moment.

My husband is happy, I am happy and will hang on in there until it goes through.

Noorah101

Keep in mind that it takes about 2 months to get the AP in hand, so don't leave it to the last minute, if you think you might need to travel in an emergency.

Rene