Changing E2 to Green Card via Marriage

U

UKMaiden

New Member
I have been working in the US for 20 years - most of which on an E2 visa. Some concern that this may not be deemed as 'temporary' and so a bit of a push by my employers to convert to Green Card via marriage - married to US citizen for 13years. Wanted to see UK family this summer, E2 runs out on 1st Oct. Would I need to wait 90 days before green card application when I land back in USA or does the lapsed time since last visa renewal bi pass any 90 day rule.

Also - what options for emergency travel- elderly parents, whilst in green card application process whilst waiting for permission to travel.

Thanks
 
You should not enter on an E2 visa with preconceived intent to apply for Adjustment of Status during that stay. If you misrepresent yourself at entry then it remains misrepresentation no matter how long you wait before applying for Adjustment of Status.

If you need to leave the US for an emergency while I-485 is pending and before you are granted Advance Parole, you can try to apply in person at a USCIS office for Emergency Advance Parole. Other than that, there are no other options. If you leave the US without Advance Parole, you would abandon your I-485, and switch to Consular Processing abroad to get an immigrant visa.
 
newacct said:
You should not enter on an E2 visa with preconceived intent to apply for Adjustment of Status during that stay. If you misrepresent yourself at entry then it remains misrepresentation no matter how long you wait before applying for Adjustment of Status.

If you need to leave the US for an emergency while I-485 is pending and before you are granted Advance Parole, you can try to apply in person at a USCIS office for Emergency Advance Parole. Other than that, there are no other options. If you leave the US without Advance Parole, you would abandon your I-485, and switch to Consular Processing abroad to get an immigrant visa.
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Thanks for your reply- I just don't understand how then one is supposed to then apply for a green card when they have a current E2 visa- do I let it lapse and then apply... my intent has changed since I last applied - but I still want to travel to see family hence meaning that I will be coming in on the E2 visa a few months before I wish to change status.
 
You either apply for Adjustment of Status and then wait until you get Advance Parole before traveling abroad, or you do Consular Processing for an immigrant visa abroad.
 
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