Marriage while in USA

[Sabrina90 3]

Hello everybody,

Im new here and my story is kind of complicated but trying to find answers and help through this. 

 

So, Im currently in the US with an Spouse E2 Visa. 

My (still) husband got the E2 Visa through his company and I came here with him. I have a work permit to work here too. 

 

Currently we are seperated but still live in the same household. 

I fell in Love with someone else and we plan on getting married next year. 

 

So my question now is...

With me still having the E2 visa through my husband (as long as we stay married) and having the work permit and a job, how can we get married and get a Visa for me through the marriage? 

Can I stay in the US during the process of the Visa?

Do I have to go back to germany while filing for it? 

I read a little but about the Fiance Visa and the CR1...

But in my case with being here already, having a work permit already its different so I need answers for that. 

I know I need to talk to a lawyer eventually but I just wanted to see if anyone can help me out here. 

And No, its not a visa fraud or something. 

I know this person for over a year and am in Love with that person for almost a year now. Its all legal and true Love so no planned wedding for a visa. 

 

Thank you all in advance. 

 

 

[Boiler 46,199]

Step one, to re marry you need to divorce first. In the US bigamy is illegal.

 

Your E2 is dependent on being married to your current spouse and will be voided when you divorce.

 

 

[aaron2020 11,651]

You will be an E-2 until you divorce.  Upon divorce, you fall out of status.  Your EAD is automatically void.  Any benefit from the E-2 ends.

 

You can marry your US citizen fiance and file for AOS for a green card.  You do not have to go home to Germany, and you can stay throughout the AOS process.  It will take you at least 6 months to get an EAD through your new marriage.  You will not be able to work until you get a new EAD.  You can try to expedite the EAD with a job offer.  It will take about a year for you to get your green card.

Edited November 22, 2019 by aaron2020

[geowrian 22,338]

The E-2 will be voided when you divorce and you will be in the US without status.

You can marry and file for AOS. Being out of status is not a bar for an immediate relative of a USC.

Explaining the situation may be difficult. If you have been residing in the US using a visa based upon a marriage that existed only in name, I would expect some scrutiny.

[Sabrina90 3]

7 minutes ago, aaron2020 said:

You will be an E-2 until you divorce.  Upon divorce, you fall out of status.  Your EAD is automatically void.  Any benefit from the E-2 ends.

 

You can marry your US citizen fiance and file for AOS for a green card.  You do not have to go home to Germany, and you can stay throughout the AOS process.  It will take you at least 6 months to get an EAD through your new marriage.  You will not be able to work until you get a new EAD.  You can try to expedite the EAD with a job offer.  

 

So lets say I have a job through my current work permit and my employer wants to keep me, I divorce my husband, can I still work with that company then while filing for my AOS? 

[geowrian 22,338]

1 minute ago, Sabrina90 said:

 

So lets say I have a job through my current work permit and my employer wants to keep me, I divorce my husband, can I still work with that company then while filing for my AOS? 

Not legally until you get a new EAD.

[Sabrina90 3]

Just now, geowrian said:

Not legally until you get a new EAD.

So I divorce my husband, Im still working with a company, me and my new partner get engaged, we file for the AOS and I have to stop working at the company I work for as soon as I got divorced???

 

And how am i allowed to stay here while filing and waiting for the AOS??

[aaron2020 11,651]

3 minutes ago, Sabrina90 said:

 

So lets say I have a job through my current work permit and my employer wants to keep me, I divorce my husband, can I still work with that company then while filing for my AOS? 

No.  Upon divorce, your EAD is automatically void.  So there is no way for you to still work with that company.  You have to file for AOS and get a new EAD before you can work.

[geowrian 22,338]

1 minute ago, Sabrina90 said:

So I divorce my husband, Im still working with a company, me and my new partner get engaged, we file for the AOS and I have to stop working at the company I work for as soon as I got divorced???

 

And how am i allowed to stay here while filing and waiting for the AOS??

Correct. Your status - including your authorization to work - is based upon your existing marriage. When that terminates, so does your status and everything that comes with it.

 

A properly filed I-485 permits a period of authorized stay while the case is pending. It allows you to apply for work authorization as well, but does not grant it automatically. You need the EAD to be approved before you are work authorized again.

[aaron2020 11,651]

4 minutes ago, Sabrina90 said:

So I divorce my husband, Im still working with a company, me and my new partner get engaged, we file for the AOS and I have to stop working at the company I work for as soon as I got divorced???

 

And how am i allowed to stay here while filing and waiting for the AOS??

NO.  You have to be married to file for AOS.  You can not file if you just engaged.  

YES.  As soon as you are divorced, your E2 status ends and the EAD is automatically void.  You will have to stop working.

 

YES.  You are allowed to stay here throughout the entire process.  You do not have to leave the US.

Edited November 22, 2019 by aaron2020

[Sabrina90 3]

2 minutes ago, geowrian said:

Correct. Your status - including your authorization to work - is based upon your existing marriage. When that terminates, so does your status and everything that comes with it.

 

A properly filed I-485 permits a period of authorized stay while the case is pending. It allows you to apply for work authorization as well, but does not grant it automatically. You need the EAD to be approved before you are work authorized again.

ok thank you so much!!!

the EAD takes about 6 months you said? 

And if I have a job offer (from my current employer) it can make the process faster?? 

Like I mention it in the application when I file for the new EAD? 

[geowrian 22,338]

3 minutes ago, Sabrina90 said:

ok thank you so much!!!

the EAD takes about 6 months you said? 

And if I have a job offer (from my current employer) it can make the process faster?? 

Like I mention it in the application when I file for the new EAD? 

I believe the current average timeline is ~4-7 months. Closer to the 5-6 month seems to be most common from what I've heard.

After you apply for AOS + EAD (apply for AP too) and do your biometrics, you can submit an expedite based upon a job offer.

Edited November 22, 2019 by geowrian

[Sabrina90 3]

2 minutes ago, geowrian said:

I believe the current average timeline is ~4-7 months. Closer to the 5-6 month seems to be most common from what I've heard.

After you apply for AOS + EAD (apply for AP too) and do your biometrics, you can submit an expedite based upon a job offer.

AP means? 

Sorry so many questions 🤦🏻‍♀️😫

[aaron2020 11,651]

1 minute ago, Sabrina90 said:

AP means? 

Sorry so many questions 🤦🏻‍♀️😫

Please read the Guides on VJ.  Once you read the AOS process, you can come back with questions.

[Sabrina90 3]

12 minutes ago, aaron2020 said:

Please read the Guides on VJ.  Once you read the AOS process, you can come back with questions.

I came here to find help to find answers. 

I find your response pretty rude. 
Im a helpless woman who is only searching for answers and help.