Advice Please : Marriage Visas : Our Situation

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BigWinston

Registered Users (C)
Hi Everyone,

I need some advice and help on figuring out what we need to do visa wise.

I am a UK citizen working in the US for a UK company on an E1 visa (under the "trade treaty", which is valid until 2008 although my contract here with my sponsoring UK company is likely to end this October, at which point I will be called back to the UK.

I have recently become engaged to an amazing American girl and we plan to live in the US together.

I guess my questions are :

1. On an E1 visa I am currently eligible to work for my sponsoring UK company ,and that's it. But when recalled by my company to go back to the UK, which I obviously dont want to do, my E1 becomes null and void. Can I request a change of status temporarily until we get married (sometime early next year)? If possible can I do this immediately?

2. Is the EAD given to people such as myself who are eligible to work under one visa, before marriage, if work situations change and you can no longer work for the E1 sponsoring company? Or can I only apply once married?

3. What are the timescales I can expect (I live in Detroit, MI) on obtaining the EAD both before (if possible) and after marriage?

4. What forms must my fiancee and I complete?

Your advice is greatly appreciated. I find the whole process very daunting at the moment!!

Needless to say we are (like most couples I imagine) trying to avoid any periods apart. In addition, we are unfortunately not in a good enough financial position for me to not work after my company contract expires in October until our wedding, and EAD approval.

Many Thanks.

BW :confused:
 
Last edited by a moderator:
I don't know anything about E1 visa. So won't say anything about it.
You can not apply for EAD before you get married. After you file all paper works, it will take at least 2 months to get you an EAD.
Find out which forms you need to file at www.USCIS.gov, an amazing, official website for basic information on filing various application.
 
BigWinston said:
Hi Everyone,

I need some advice and help on figuring out what we need to do visa wise.

I am a UK citizen working in the US for a UK company on an E1 visa (under the "trade treaty", which is valid until 2008 although my contract here with my sponsoring UK company is likely to end this October, at which point I will be called back to the UK.

I have recently become engaged to an amazing American girl and we plan to live in the US together.

I guess my questions are :

1. On an E1 visa I am currently eligible to work for my sponsoring UK company ,and that's it. But when recalled by my company to go back to the UK, which I obviously dont want to do, my E1 becomes null and void. Can I request a change of status temporarily until we get married (sometime early next year)? If possible can I do this immediately?

Not possible, unless you find a company that could sponsor your H1 or you could get F1 to study.

2. Is the EAD given to people such as myself who are eligible to work under one visa, before marriage, if work situations change and you can no longer work for the E1 sponsoring company? Or can I only apply once married?

EAD is issued only when your AOS is pending. That happens only after you get married to a USC (or you file I-485 based on employment GC). You cannot change status before you get married.

3. What are the timescales I can expect (I live in Detroit, MI) on obtaining the EAD both before (if possible) and after marriage?

Before marriage: not possible
After marriage: approx 60-90 days after you apply for your AOS/EAD

4. What forms must my fiancee and I complete?
After you get marrried, your fiancee completes I-130, you complete I-485, I-765, I-131.

Your advice is greatly appreciated. I find the whole process very daunting at the moment!!

Needless to say we are (like most couples I imagine) trying to avoid any periods apart. In addition, we are unfortunately not in a good enough financial position for me to not work after my company contract expires in October until our wedding, and EAD approval.

Many Thanks.

BW :confused:
Click to expand...
 
You will like to go to www.uscis.gov for general information, they are the main source.

You will like to read this link in that website, because you are an E visa holder.
http://uscis.gov/graphics/howdoi/LPReligibility.htm There is a part about E visa holder even you going to marry to a USC and apply for residency while you are in the US.

The process of your DO (district office) you can find it at www.uscis.gov.
Read all the forms and you will take an idea of the timing.

About your questions in general:
1. You will like to read http://uscis.gov/graphics/howdoi/nonimmstat.htm

2. I think if you are a E1 holder you should know this http://uscis.gov/graphics/services/tempbenefits/ecrd.htm I don't know as an E1 if you can hold your status if you don't work anymore for your employer, I don't think so.
Yes, after you are married you can apply for employment authorization.

3. and 4 above.

Good luck,
This is a friendly answer, I am not a lawyer nor an E1 visa holder just love the internet.
 
My understanding is that E-1 visa holders have certain diplomatic rights, privileges and immunities based on the relationship USA has with their country. These individuals are not allowed to apply for AOS to a PR or any other non-immigrant status.

In order to apply for AOS, a E1 visa holder must give up all the diplomatic rights and privileges, start paying taxes and be like any other non-immigrant. This could be acheived by completing form I-508 that waives all diplomatic rights, privileges and immunities enjoyed by the E1 visa holder.

As the spouse of a USC, i think it makes it more easier to file for GC once form I-508 is submitted.

This is only my understanding. Pls correct me if i am wrong.
 
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