Marrying a US citizen while on E-3 visa

[KittyKatalyst 0]

I am trying to think far ahead on my journey to work in the USA. If I marry a US citizen while I am on my E-3 visa, what is the transition path to Permanent Residence? Would I need to leave the country at all?

[canadian_wife 1,822]

http://www.visajourney.com/content/i130guide2

Good luck

[KittyKatalyst 0]

This just seems to be a link to a generic K-3 process. I'm specifically asking for what to do if I was on an E-3 already. Wouldn't I just file for Adjustment of Status?

[KittyKatalyst 0]

Hmm, I'm thinking you are right. I-130 + I-485 = Adjustment of Status.

So in the meantime, I would just keep working under my E-3 status and renew as needed? And also stay in country throughout?

[kitthekat 1,317]

The link posted above is a guide for those who wish to adjust status for a spouse who is already in the US. If you entered on an E-3 and then married a US citizen, you can file for adjustment of status without having to leave the country. Rather, once you have married and filed for adjustment of status, you won't be able to leave and re-enter on your E-3 until you obtain advance parole, or your green card, otherwise it will be deemed that you have abandoned your adjustment of status. Follow the linked guide above, you will have to file the I-130 alongside the adjustment of status paperwork.

[KittyKatalyst 0]

Awesome! Thanks kitthekat.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration to Adjustment of Status from Work, Student, & Tourist Visas forum.

[aussie_jason 195]

You can apply for Adjustment Of Status while on an E3 (I'm doing it now) but the E3 visa is not dual intent so once you start the process you theoretically can't renew your E3 but I am not sure how tested that has been. What I would suggest is to plan around your E3 visa expiry date so that you get the AOS package to USCIS at least 90 days before it expires so you would most likely receive the EAD from the I-765 before your E3 expires so you don't have to go without pay for a period. Don't be a procrastinator like me.

[KittyKatalyst 0]

Thanks Jason. I too am a procrastinator from a long way back I wish you all the best with your AOS!

[ajhigh 2]

You can apply for Adjustment Of Status while on an E3 (I'm doing it now) but the E3 visa is not dual intent so once you start the process you theoretically can't renew your E3 but I am not sure how tested that has been. What I would suggest is to plan around your E3 visa expiry date so that you get the AOS package to USCIS at least 90 days before it expires so you would most likely receive the EAD from the I-765 before your E3 expires so you don't have to go without pay for a period. Don't be a procrastinator like me.

I'm also applying for AOS from the E3 visa. I entered in August 2012, got married to a US citizen in May 2013, and filed AOS, including application for employment authorization and advance parole at the same time.

So far I've had my biometrics done.

Something I'm wondering about is the dual intent issue. I've read conflicting things online about whether the E3 visa is dual intent. These websites say E3 is dual intent (http://www.legallanguage.com/legal-articles/what-is-dual-intent/;%C2'>

The reason I'm wondering about this: I traveled to Oz with my husband over Christmas, and we applied for the AOS as soon as we got back (within 30 days). If my visa is not a dual intent visa, apparently that could cause problems under the 30/60/90 rule (although I've *also* heard that rule is not applied in practice to immediate relatives of US citizens - which I am/he is).

My feeling is this will all probably not be an issue, but browsing the forums it seems intent has been an issue for some people.

As to how this relates to the initial inquiry on the thread - if E3 turns out to not be a dual intent visa, then I would add to your advice - make sure you file AOS more than 30 days after returning to the US if you have any vacations planned while your'e on the E3 visa.

[ajhigh 2]

Another website I've found (immigrate me dot com, page on e-3 visas) says that e3 is technically not dual intent, but "

• The December 15th, 2005 Aytes Memo suggests that dual intent is acceptable for E-3 visa holders, but an E-3 visa holder still takes a slight risk of being denied re-entry if a permanent residency action is pending.

This makes me feel a little better - and in my case, my original entry to the US (first time I used the e-3) I definitely did not have intent to apply for LPR, it's just a subsequent short vacation that I'm worried about. I wasn't asked any questions at the border about intent and never misrepresented anything to USCIS, either at POE or in application materials. I'll keep everyone posted.

[aussie_jason 195]

You can safely ignore all of that, there is no 30/60/90 rule.

The only time thing the dual intent may come into things is if you were to try to renew your E3 through consular processing as the state department sees it as a bit of a gray area.

[KittyKatalyst 0]

I made some notes on dual-intent (most llikely from visacoach.org):

While it is true that E-3 visa holders will not be shielded from the presumption of immigrant intent that their H-1B cousins enjoy, in practice an expression of willingness to depart when E visa status expires, something that may not happen for years to come, normally should suffice to alleviate any 214(b) concerns. Remember, as Greg Siskind aptly points out, that E visa holders do not have to maintain a non-abandoned foreign residence abroad. 9 F.A.M. Sec. 41.51, N.15. This is dual intent in all but name.

They are not dual intent in the sense of H-1Bs and L-1s, but they do not have a foreign residence requirement. Applicants need to attest that they intend to depart when their status terminates. A statement is usually enough unless they have clear intentions showing the opposite. But there is case law stating that the expression of a desire to remain in the US permanently as opposed to intending to remain even if legally not permitted, is permissible on an E visa. In other words, wanting to remain permanently is okay as long as one is willing to leave if this is not permitted by law.

[Harpa Timsah 13,258]

Intent by itself is not a negative enough reason to deny an AOS by marriage to a USC.

No need to quibble about whether or not E3 is dual intent. Really