Getting married on an E2 visa

[elafina 0]

Hi there,

 

I have a question about marrying an US Citizen while on an E2 visa:
 

I work in the US on an E2 Visa for more than three years and recently got engaged to an American citizen.

However, after looking for information on any requirements I stumbled upon the 90-days rule. Since E-2 is a nonimmigrant intent visa, I was wondering if the non-dual intent applies every time I enter the US while on the visa or only back when I initially applied for the E2 at the consulate? So for example, could I be denied at the POE while I'm engaged because that means that my intent has changed? 

My concern is that it might cause issues applying for AOS if they see that I have recently reentered the US with the intent to get married a few weeks later. I've been in Europe for a short business trip and my latest I-94 is from end of January. So my question is if we do have to wait 90-days upon my last entry to the US to get married which means we could not get married next month as planned? Or would this rule only have applied back when I initially got my E-2 visa?

 

I'd appreciate any advice on this very specific question! Thanks!

[geowrian 22,338]

The requirement is that you must not have immigrant intent. Intent is determined at POE. So if you are already inside the US, you can marry and file for AOS just fine. However if you leave the US for any reason, you cannot re-enter with intent to file for AOS as that would be fraud.

 

You can enter and marry at any time...you just can't enter with intent to stay. If you are abroad right now and intend to live in the US, you need to obtain a visa that permits this, either a K-1 for a fiance or CR-1 for a spouse.

 

There is no 90 day rule for AOS. That's an urban myth.