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CakeAuxLardons

Status change from tourist to spouse's E2 visa

By CakeAuxLardons in What Visa Do I Need - Family Based Immigration

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CakeAuxLardons Newbie

CakeAuxLardons   0

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Hi,

 

My girlfriend is working in the US with an E2 visa, and I’m currently in the US as a French tourist (France is a “Sixth Month Club Member”). I proposed 2 weeks ago, and we got married last week. I would like to know what is the process to follow in order to benefit from my spouse’s E2 visa (do I need to come back to France?).

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Boiler Grand Master

Boiler   45,532

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Never heard of a 6 month club member, what is it?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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CakeAuxLardons Newbie

CakeAuxLardons   0

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Just now, Boiler said:

Never heard of a 6 month club member, what is it?

It's an agreement between US and several countries (including France) that allows people to go to the US for 3 months without visa. You just need a round trip ticket and to fill the ESTA.

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Boiler Grand Master

Boiler   45,532

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VWP?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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WandY Community Regular

WandY   430

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53 minutes ago, CakeAuxLardons said:

(do I need to come back to France?).

She is not a U.S. citizen. You are not a U.S. citizen and not married to one. What makes you think that you can ride on her visa? So yes, you need to go back to France when your time is up.

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CakeAuxLardons Newbie

CakeAuxLardons   0

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4 minutes ago, WandY said:

She is not a U.S. citizen. You are not a U.S. citizen and not married to one. What makes you think that you can ride on her visa? So yes, you need to go back to France when your time is up.

Because the E2 visa can be extended to the spouse of the owner of the visa.

Edited by CakeAuxLardons
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Boiler Grand Master

Boiler   45,532

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Filed: K-1 Visa Country: Wales
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You would apply for an E2 Dependent Visa at the Consulate in Paris.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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mushroomspore Proficient

mushroomspore   3,044

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18 minutes ago, mushroomspore said:

Don't know anything about E2 but at the bottom of this official USCIS page (under "Family of E2 Treat Investors), it says you need to file I-593 & I-765 with fees.

That should be I-539.

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Starkilla09 Proficient

Starkilla09   366

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2 hours ago, CakeAuxLardons said:

 

Hi,

 

My girlfriend is working in the US with an E2 visa, and I’m currently in the US as a French tourist (France is a “Sixth Month Club Member”). I proposed 2 weeks ago, and we got married last week. I would like to know what is the process to follow in order to benefit from my spouse’s E2 visa (do I need to come back to France?).

You don’t have to leave the U.S. As the spouse of an E2 visa holder and are currently in the U.S. lawfully, you can apply for a change of status to E-2 as well as a dependent spouse. You’ll have to send in a a form I-539 (Application to extend or change non-immigrant status) and I-765 (application for employment authorization). You must do so before your current I-94 expires. Once your application is received by USCIS you’ll be on authorized stay until it’s adjudicated several months later. Your work permit will be valid for employment everywhere without restriction as well and will arrive a few months later.

Adjustment of Status From F-1 Visa.

8/14/2014: Mailed AOS package: I-130, I-485, I-765.

8/18/2014: Accepted in Chicago. Transferred to Nebraska Service Center.

8/21/2014: Received NOA 1. I-130, I-485, I-765 in mail.

8/25/2014: Received biometrics in mail. Scheduled for 9/8/2014

9/24/2014: EAD approved. 36 Days!

10/01/2014: EAD mailed.

10/03/2014: Received EAD card.

10/14/2014: I-485 moved to testing and interview.

1/28/2015: Interview scheduled for 3/4/2015.

1/31/2015: Received interview notice.

3/4/2015: Interview completed and APPROVED!

3/5/2015: Welcome notice mailed and I-130 Approved.

3/10/2015: Welcome notice and I-130 approval notice received.

3/12/2015: Green card mailed.

3/14/2015: Green card delivered.

Removal of Conditions: 

12/14/2016: Mailed I-751.

12/19/2016: NOA issued.

01/26/2017: Biometrics.

05/03/2018: I-751 transfered to NBC.

02/27/2019: Joint I-751/N-400 Interview.

05/14/2019: I-751 APPROVED.

Naturalization:

12/02/2017: Mailed N 400 to Phoenix, AZ Lockbox. (I-751 still pending)

12/05/2017: Package delivered in Phoenix, AZ. Transferred to Harrisonburg Processing Center.

12/07/2017: Notice of action issued. (IOE)

12/26/2017: Biometrics.

01/23/2019: Interview Scheduled for 2/27/2019.

02/27/2019: Joint I-751/N-400 interview. N-400 recommended for approval.

05/16/2019: N-400 APPROVED! Placed in line for oath ceremony.

05/17/2019: Oath ceremony notice mailed.

06/12/2019: Swearing in Ceremony! Finally a U.S. citizen!

 

 

 

 

 

 

 

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Boiler Grand Master

Boiler   45,532

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Filed: K-1 Visa Country: Wales
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OP entered on the VWP

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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2 hours ago, CakeAuxLardons said:

It's an agreement between US and several countries (including France) that allows people to go to the US for 3 months without visa. You just need a round trip ticket and to fill the ESTA.

I'm not sure how VWP traveler is a "Six Month Club" member as VWP is limited to 90 days (not 3 months..and certainly not 6 months).

 

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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CakeAuxLardons Newbie

CakeAuxLardons   0

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Country: France
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12 minutes ago, geowrian said:

I'm not sure how VWP traveler is a "Six Month Club" member as VWP is limited to 90 days (not 3 months..and certainly not 6 months).

 

I am very sorry, "Six month club" is indeed a total different thing. Sorry for the confusion, as said earlier I entered in the US on the VWP

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