E2 visa and marriage

[AubreyVB 0]

I have a question regarding marriage on an E2 visa. My fiance is a German national here in the US on a E2 visa. He has been here for the majority of 2 years helping to get the businesses he owns up and running. His intention has never been to live here, only to invest/establish/and maintain his business here.

Of course, he met me. We plan to marry in the next couple of months, which I realize we can do with his E2 visa. The situation is, that we plan to go to Germany (him to return home, me to move there with him) because things are going well with business and its time for them to simply maintain with the US staff and its at a point where he can leave and return home to Germany. (note: his E2 visa isn't up for renewal for at least another year)

So my question is, considering that his marriage to me is NOT for the intention of gaining permanent status/green card, and he doesn't want to receive the green card/permanent status, and his sole intention is just to get married and return to Germany, what do we need to do with regard to immigration?

How do we handle this?

Thank you so much, Aubrey

[Little_My 464]

You are 100% free to marry whenever and wherever you want. USCIS doesn't care about foreigners marrying US citizens in the US - USCIS cares about what happens after the marriage has occurred. If your intention is not to remain here for now, you do not have to do anything immigration-wise.

Once you are married, if you ever want to relocate to the US more permanently, you can file for the CR-1 or IR-1 spousal visa from Germany, or wherever you'll be living then. Until then, take joy in not having to deal with US immigration!

Edited April 3, 2012 by Little_My

[AubreyVB 0]

That is wonderful news!!

I do have one more question, now that I think about it. I have read (probably way too many things!) that states if a foreigner marries in the US and then leaves, they could have trouble with re-entry. I think most of what I read pertained to people marrying an American while they were here on a tourist visa.

However, I am wondering would that apply to our situation? If we marry in the US then leave after a couple of months and have to return several months later for business purposes again, will it be a problem for my new spouse to enter the US??

If we don't have to deal with immigration over the marriage because of the non-green card intent, would it even be an issue? Is what we are doing okay??

Thanks! Aubrey

[Inky 1,111]

That is wonderful news!!

I do have one more question, now that I think about it. I have read (probably way too many things!) that states if a foreigner marries in the US and then leaves, they could have trouble with re-entry. I think most of what I read pertained to people marrying an American while they were here on a tourist visa.

However, I am wondering would that apply to our situation? If we marry in the US then leave after a couple of months and have to return several months later for business purposes again, will it be a problem for my new spouse to enter the US??

If we don't have to deal with immigration over the marriage because of the non-green card intent, would it even be an issue? Is what we are doing okay??

Thanks! Aubrey

The problem is marrying a USC and then trying to get a visa / visit the USA because you now have to prove you have no intent on entering and staying in the USA. He will have to prove beyond a doubt that he will return to his country and has no intention of staying in the USA. Lots of people are denied visas / tourist entry because the CBP do not believe they will return home as they are married to a US citizen and would likely just stay.

Your to be husband would have to get over the fact that 1, he has a business in the USA 2, he is married to a US citizen. Those 2 are HUGE red flags on entry to the USA saying he has no reason to return to his country his business and wife are here in the USA.

Edited April 3, 2012 by Inky

[AubreyVB 0]

Inky -- EEEP! I didn't realize those two factors would play a part.

So, now I am wondering if perhaps we should look into a green card for him? He isn't against getting one, it was just for purposes of marriage that it wasn't his intent.

The situation now, though, is he has to return home to Germany, that is where his main business is located.

Is it possible to apply for his green card while we are in Germany?

Starting to get disheartened, Aurbey

[Little_My 464]

Greencard is meant for people who want to permanently reside in the US. If you are plannin to move to Germany, there is no point in applying for a greencard now. There are restrictions for spending excessive time abroad for permanent residents, and if your husband was spending more time in Germany than in the US, he would most likely end up abandoning his rseidency and loose his greencard. You can apply for a GC abroad, but you should only do that when you are ready to move to live in the US.

Regarding the tourist entry, personally I think he should be able to prove non-immigrant intent if/when you two want to visit the US for short trips, while you are living in Germany. First of all, he comes from a VWP country and therefor does not need a B2 visa. Second of all, if you two were permanently living in Germany, it shouldn't be difficult for you to show ample ties to that country, such as lease, bank accounts, proof of him/you/both of you having employment there, etc. He should definitely be prepared to show strong ties to Germany when entering the US, but I would think you two should be able to show that you are not planning to relocate to the US, but are coming for a shorhter visit, if/when that situation arises.

[AubreyVB 0]

Little_My --- I really love talking to you, LOL!!!

I started doing some research and I really believe you are right and I appreciate the information!

I hate to keep asking you questions, but I do have another -- when it comes to the proof, which we can/will be able to certainly provide, how do we present that? Do we bring the documentation with us for the customs agents to review? Should it be a certified letter from an attorney that simply states our specific information? Or do we submit it to an immigration office so that it is added onto the passport somehow?

A feeling much better now, Aubrey

[Little_My 464]

Since he can use the VWP to come to the US, and therefore there is no real visa application process or interview for a tourist visa, you would bring the proof with you and be prepared to show it at the boarder when entering the US. To be able to use VWP he has to fill out the ESTA form online before traveling, but unless he has criminal history, or has previously overstayed/violated visa regulations in the US, there shouldn't be any reason why he couldn't use VWP. Since he has spent lomger periods of time here previously, he should be prepared for more questions and scrutiny than your average European tourist, but that is exactly why you would come prepared with a mountain of proof of why you are in fact planning to return to Germany and won't attempt to stay in the US.

[AubreyVB 0]

Again, I apprceicate the information so much!

Thanksfully, it will be a while, probably close to a year after we are married and have gone to Germany, before we will return to the US and have to face any re-entry issues, but I am greatful that we are well informed now on what could happen and what steps we need to take in order to gain a sucessfuly re-entry for my husband. we will be busy gathering those documents!! I read that an E2 has a non-immigrant intent clause (you agree to leave when business is over) and I wonder if having an E2 visa will do anything in our favor when it comes to re-entry.

Breathing a sigh of relief, Aubrey