E-1 and marriage to US citizen inside/outside the US

M

mkurze

New Member
I am here on a E-1 visa which will not expire for quite some time. However I try to figure out what would happen to my status and current work permit if I'd marry my American citizen sweetheart.

What do I have to do/file in order to marry her if the wedding would be held in Germany, and want to return legally to the U.S. (after honeymoon) and go legally back to my U.S. workplace the next day?

Or would it be easier (for visa status change and work permit) to marry in the U.S and let's say do the church wedding in Germany later after status change and work permit is issued/adjusted?

Thanks for your advice.
 
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Much easier to get married in the U.S. and then do a later ceremony in Germany. If not, you will have to wait to re-enter the U.S. as a spouse and that can take up to one year in some cases.
 
I have a similar situation. I'm planning to get married in the US (to a US citizen) in July 07. My current E-2 expires in August 07 but I should have an I94 valid until May 09.

- Can I change my visa status quickly after the wedding i.e. within one month or should I start the process to renew my E-2?
 
As soon as you marry your US sweatheart, you can file for AOS. I would advise you to go a small civil ceremony in January 07 itself. File for AOS then. You can always have a grand ceremony in (or even outside) the US in July 07. By then you should have your AP and EAD. Perhaps GC too.
 
Just because you marry an American citizen, that doesn't mean you automatically lose your status as an E-1 nonimmigrant, as long as the employment which your E-1 status was granted based on exists. You can still reenter the U.S. on an E-1 visa after the wedding, and file an adjustment later. I don't think it matters much if you marry in Germany or in the U.S. as long as you can get a proof issued by a German authority that works as equivalent of a U.S. marriage certificate. If you want to reenter the U.S. as a spouse of an American citizen (thus apply for an immigrant visa) while you are still in Germany, it will take some time even if you are a German national.
 
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Snugjoint,
Re-entering on a non-immigrant (besides L-1 and H-1) visa while being married to a US cititzen is always risky. Thus I advised the OP to file AOS and AP and then leave for a trip outside the US. My post in no way was meant to indicate that upon marrying a US citizen, the OP will lose his E-1 status.
 
Dual-intent issue? I didn't think of that....

In actuality I still don't think it is high risk considering the circumstances and the nature of an E visa. But I agree with you that filing an adjustment and getting a parole before going outside the U.S. is the safest way.

BTW I didn't think your post that way.

Triple Citizen said:
Snugjoint,
Re-entering on a non-immigrant (besides L-1 and H-1) visa while being married to a US cititzen is always risky. Thus I advised the OP to file AOS and AP and then leave for a trip outside the US. My post in no way was meant to indicate that upon marrying a US citizen, the OP will lose his E-1 status.
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