Status change from tourist to spouse's E2 visa

[SusieQQQ 11,586]

See top of page 11, instructions for I539, link below. People admitted on visa waiver program may not change status. This is part reciprocal of the fact that they may enter so easily. The only “exception” is for immediate relatives of USC adjusting status, who get forgiven. No other adjustment or change of status is allowed.

 

https://www.uscis.gov/system/files_force/files/form/i-539instr.pdf?download=1

 

OP has to return to France before his 90 days are up, and apply for the visa from there.

 

 

 

 

Edited September 23, 2018 by SusieQQQ

[geowrian 22,337]

3 hours ago, Starkilla09 said:

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.

As noted, this doesn't apply to those who entered via the VWP. COS is not available in the OP's circumstances...they need a visa.

[Boiler 45,532]

9 hours ago, Boiler said:

You would apply for an E2 Dependent Visa at the Consulate in Paris.

As mentioned 9 hours ago.

[SusieQQQ 11,586]

1 hour ago, Boiler said:

As mentioned 9 hours ago.

But clearly many people don’t understand the restrictions of VWP, so it needed to be spelt out for them. 

[Boiler 45,532]

Well as long as we do not interfere with their enjoyment of the site.