My bf has E2 visa, we are planning to get married in US .What we have to do?

[Tat@ 0]

Hi,

My bf is German, he is living and working in US with a VISA E2. I´m from Spain and I came to study with a J1.

We started the relation in US , the relation is going well so we are planning to get married . We were thinking come back to Europe but his company offered a new position and of course to stay in US

I can´t stay in US and work due to my visa is going to expire in a few months.

If we get married, I have a few questions:

Can we do it in US and change my visa status here or should I come back to Europe?

A lawyer told me,it can be complicated to have the E2 Spouse because we are different nationalities ….That´s true?

It´s easy to get the E2 spouse visa ?

Everything changes in 1 week and we are very confused with the information about E2 spouse, etc,etc. I will appreciate If somebody had the same situation.

Thanks for your help!

[teeak 224]

Are you subject to the J1 two-year home residency requirement? https://travel.state.gov/content/visas/en/study-exchange/student/residency-waiver/eligibility.html

[Tat@ 0]

Hi teeak,

No, I don´t have the two-year home restriction.

[teeak 224]

Okay, then after you both get married in the US, you can file Form I539 to change your nonimmigrant visa status from J-1 to E-2 without leaving the US.

https://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf

https://www.uscis.gov/i-539

https://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

If you read the instructions of the I539 and go to #5, it gives you specific instructions for dependents of E visa holders.

Edited March 9, 2016 by teeak

[Tat@ 0]

Thank you so much for all the information!!!!!

It's very helpful ???????

I tried to find information about "conditions" to apply for the E2 dependent but I couldn't find details.

for example: Doesn't matter the time we are married? If I get married on Saturday and we apply on Tuesday ? ( I understand we probably have to wait for the documents to proof we are married)

I applied for a L1 visa but it was declined a few months ago. Can it be a problem now that I want to get married and change the status?

Once again thank u for ur help