K-1 and E-2... Can I have both, or do I need both?

[rmpeters1 0]

Hi everyone.

Firstly, I'm new to this site so apologies if I don't know of all of the terminology!

Let me set the scene. I'm English, a UK citizen, and living and working in the UK. My fiancé is American, and she lives and studies in the USA.

We were originally planning on filing for the K1 fiancé visa shortly, in order for me to be legally allowed to get married in the states, with the intention of adjusting my status and moving permanently. We were thinking early next year, given what we have heard about processing times.

However, my work have offered me a position that will allow me to travel to and from the USA as and when needed (from their perspective), and they shall be applying for an E-2 visa on my behalf, in the next couple of weeks.

If the E-2 gets approved, would I be legally allowed to get married in the USA on that, and then adjust status to become a permanent resident, without the need for a K-1 visa?

Would it matter how long I had been in the USA for that stint? (e.g. Would I be legally allowed to enter the country, say in March next year, with the intention to get married immediately, without necessarily doing work related to the E-2 visa at that time?).

Alternatively, is it possibly to hold an E-2 visa and a K-1 visa at the same time to be safe? (And have applications for both ongoing at the same time assuming I was going to apply for the K-1 soon).

Thank you so much for your help, it's much appreciated! If you have any further questions please do reach out!

Many thanks,

Rich

[Cathi 5,694]

coming to the US without the proper visa to marry(k-1) with the intent to marry, stay and adjust status is immigration fraud.

[rmpeters1 0]

In which case I'd need the K-1 and will already have the E-2 for work. Is it possible to hold both at the same time? Thank you for your help!!

[Nich-Nick 3,354]

In which case I'd need the K-1 and will already have the E-2 for work. Is it possible to hold both at the same time? Thank you for your help!!

I don't know the details of an e-2 visa, but in general if you had a work visa and were working in the U.S, you could marry somebody. If that person was a USC, then you could file a concurrent petition for spouse and adjustment of status application as described in the guide for when both live in the US. http://www.visajourney.com/content/i130guide2

Your work chose to send you to America. Perfectly legal. it's not like you got the work visa just to skip the fiance visa route you would otherwise take to enter the US. Getting married in the US does not require a visa like in the UK. You just need photo ID (passport) to get a marriage license.

What is considered fraud is if you planned in advance to go the US on VWP as a visitor, marry, and not leave when your tourist entry is up. That is trying to get around laws in place for immigration as a tourist. But if you are already in the US and working with a proper visa, then you don't need a K1 visa to enter the U.S. You are already in the US legally living and working and can marry if you want to. Well that's how I understand it.

[baron555 934]

Hi everyone.

We were originally planning on filing for the K1 fiancé visa shortly, in order for me to be legally allowed to get married in the states, with the intention of adjusting my status and moving permanently. We were thinking early next year, given what we have heard about processing times.

Great

However, my work have offered me a position that will allow me to travel to and from the USA as and when needed (from their perspective), and they shall be applying for an E-2 visa on my behalf, in the next couple of weeks.

Eureka!

If the E-2 gets approved, would I be legally allowed to get married in the USA on that, and then adjust status to become a permanent resident, without the need for a K-1 visa?

Don't need any visa to get married in the US......but yes if you are here legally on an E-2, then you could get married and adjust status.

Would it matter how long I had been in the USA for that stint? (e.g. Would I be legally allowed to enter the country, say in March next year, with the intention to get married immediately, without necessarily doing work related to the E-2 visa at that time?).

Yes as long as the visit is within the E-2 visas allowances.

Alternatively, is it possibly to hold an E-2 visa and a K-1 visa at the same time to be safe?

No. With a K-1, you couldn't legally work in the US until you became married and AOSed and obtained either the EAD or GC. Having the E-2 doesn't negate this no-work requirement.

(And have applications for both ongoing at the same time assuming I was going to apply for the K-1 soon).

Sounds like you should just wait and see if the E-2 does come true. Then use that. IF not, then file for the K-1.