E3 Adjustment of status after marriage

[J.D. 0]

Hi everyone,

I am currently living in the US on an E3 visa during which time I met a lovely man (a US citizen) and we've decided to get married (yay!)

During this time- my work is downsizing and I'm going to be made redundant and my E3 is due to expire April 14 (although my I94 says something different).

My work has been great in allowing me time to find a new position but it's hard convincing employers to take on an immigrant visa (I witness eyes glazing over at the mention of the "v" word).

Needless to say it's feeling like it's going to be easier to adjust status after we get married rather than renew my E3.

 

Here's my problem - the timing.....

We were going to get married in a simple civil ceremony and then honeymoon in Mexico.

However now I'll need to file for my adjustment of status ASAP after I'm married as I'll need to finish up with my current employer soon.

My concern is that if I'm married and reenter on my E3 visa and immediately adjust status I'll be flagged for visa fraud even though I've been on this visa for almost 2 years.

 

Do I need to just stay in the country and wear the cost of cancelling my honeymoon plans? 

Will having a fresh date of arrival on my I94 impact my application?

I would hate to once again bring up the 30/60/90 day rule however I went to an immigration lawyer who quoted it to me saying that I should cancel my trip because of this.

 

I'm going crazy with conflicting websites and advice so would love to put it out to the experts here.

 

Thanks in advance for your help!!

 

JD

 

 

[geowrian 22,338]

18 minutes ago, J.D. said:

Do I need to just stay in the country and wear the cost of cancelling my honeymoon plans? 

Will having a fresh date of arrival on my I94 impact my application?

I would hate to once again bring up the 30/60/90 day rule however I went to an immigration lawyer who quoted it to me saying that I should cancel my trip because of this.

1. Once you file for AOS, you cannot leave the country without AP or else it will abandon the AOS application. AP can be filed with the I-485 at no additional cost, and takes roughly 90 days. I'd suggest filing for an EAD at the same time (also no cost).
2. No.
3. If you leave the US, you cannot re-enter on a non-immigrant-intent visa with the intention to stay and file for AOS. That is visa fraud. If you want to enter the US and stay, you will need a K-1 visa (if not married yet) or CR-1 visa (if married).

 

18 minutes ago, J.D. said:

My concern is that if I'm married and reenter on my E3 visa and immediately adjust status I'll be flagged for visa fraud even though I've been on this visa for almost 2 years.

That is correct - that would be visa fraud. How long you've been using it is irrelevant.

Edited March 17, 2017 by geowrian

[J.D. 0]

2 minutes ago, geowrian said:

1. Once you file for AOS, you cannot leave the country without AP or else it will abandon the AOS application. AP can be filed with the I-485 at no additional cost, and takes roughly 90 days. I'd suggest filing for an EAD at the same time (also no cost).
2. No.
3. If you leave the US, you cannot re-enter on a non-immigrant-intent visa with the intention to stay and file for AOS. That is visa fraud. If you want to enter the US and stay, you will need a K-1 visa (if not married yet) or CR-1 visa (if married).

Good points - thanks!

I should clarify. I was going to 

1. Get married

2. Go to mexico for honeymoon

3. Return to US on my E3

4. File for AOS

but I guess you might be right that I can't enter with the intention of adjusting?

 

Did anyone ever clarify the question of Dual Intent for E3 ??

[geowrian 22,338]

10 minutes ago, J.D. said:

Good points - thanks!

I should clarify. I was going to 

1. Get married

2. Go to mexico for honeymoon

3. Return to US on my E3

4. File for AOS

but I guess you might be right that I can't enter with the intention of adjusting?

 

Did anyone ever clarify the question of Dual Intent for E3 ??

Thanks for the clarification!

 

Correct - that plan would be visa fraud and is not permitted.

 

The most recent changes that I am aware of are from 2016. It did not change the sole non-immigrant intent nature of the visa. I'll reference this discussion's answers from attorneys:

https://www.avvo.com/legal-answers/is-e-3-now-a-dual-intent-visa-since-15th-january-2-2471319.html

Edited March 17, 2017 by geowrian