Is E2 dual intent ( E2 and USC spouse)

[Daydd 0]

Hey guys, hope someone would be able to clarify things for me. 
 

I’m Canadian married to us citizen living in Canada. Our children are dual citizens. 
 

I got a job offer in usa and the employee wants to get me E2 visa. I was wondering once we move to usa can we apply for adjustment of status ( marriage based) to get green card?  
 

is e2 visa dual intent visa? 
 

thank you for any help

[igoyougoduke 1,656]

e2 is a investor visa and dual intent  You do not need e2 as you are married to a US citizen, you can file CR1 through your wife 

[Daydd 0]

1 minute ago, Donald120383 said:

e2 is a investor visa and dual intent  You do not need e2 as you are married to a US citizen, you can file CR1 through your wife 

I have to start work in a month and CR1 takes a year to get. 
my employee going to apply for E2 (investor visa) for me. 
 

my question is if I have E2 and live in usa can I adjust the status to green card though my USC wife? 

[igoyougoduke 1,656]

Yes you can 

[Daydd 0]

Just now, Donald120383 said:

Yes you can 

Thank you for your answer

[geowrian 22,337]

E-2 does not prohibit immigrant intent. So you can enter and AOS.

Just be aware that I believe there are certain consequences for filing for AOS as it relates to protections that one would normally have under E-2. I'm not intricately familiar with E-2/business details to go into specifics, sorry - just do some research. But immigration-wise, no issue with AOS here.

 

Edit: See below

Edited January 9, 2020 by geowrian

[Boiler 45,486]

E2 is a non immigrant visa, L1 and H1b are dual intent.

 

Interesting ToS issue here.

[Daydd 0]

Just now, Boiler said:

E2 is a non immigrant visa, L1 and H1b are dual intent.

 

Interesting ToS issue here.

Sorry but what exactly does it mean? E2 is not dual intent? I won’t be able to adjust the status in usa? 

[Boiler 45,486]

Lots pf people adjust in the US form non immigrant visa's which are not dual intent, VJ has a forum dealing with just those sort of cases. More a ToS issue.

[geowrian 22,337]

3 minutes ago, Boiler said:

E2 is a non immigrant visa, L1 and H1b are dual intent.

 

Interesting ToS issue here.

I thought E-2 was covered as well? K/H-1B/L-1/O-1/E-2.

[Boiler 45,486]

Then why are E2 theoretically anyway need to show intent to return home?

[Daydd 0]

1 minute ago, geowrian said:

I thought E-2 was covered as well? K/H-1B/L-1/O-1/E-2.

I searched uscis and couldn’t find any info if E2 is dual intent or not 

[geowrian 22,337]

1 minute ago, Boiler said:

Then why are E2 theoretically anyway need to show intent to return home?

Let me see if I can find the INA section. I'm fine if mistaken...certainly not the first time! I was going off memory.

[geowrian 22,337]

16 minutes ago, geowrian said:

Let me see if I can find the INA section. I'm fine if mistaken...certainly not the first time! I was going off memory.

You were correct - E-2 itself is not dual intent. It only has a different requirement with regard to showing intent to return home.

 

From the FAM: https://fam.state.gov/fam/09FAM/09FAM040209.html#M402_9_4_C

Quote

9 FAM 402.9-4(C)  Intent to Depart Upon Termination of Status

(CT:VISA-569;   04-06-2018)

An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon.  The alien may sell his or her residence and move all household effects to the United States.  The alien’s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient.  An applicant who is the beneficiary of an immigrant visa petition will need to satisfy you that his/her intent is to depart the United States at the end of his/her authorized stay, and not stay in the United States to adjust status or otherwise remain in the United States.

 

tldr: I stand corrected - entry with intent to AOS would not be permitted.

The non-official references to E-2 being included appear to be incorrect.

Edited January 9, 2020 by geowrian

[HRQX 4,145]

14 hours ago, geowrian said:

E-2 itself is not dual intent. It only has a different requirement with regard to showing intent to return home.

Correct; E-2 is like quasi dual intent.

8 CFR 214.2(e)(5): As an example, an E-2 status or extension "may not be denied solely on the basis of … a filed or approved immigrant visa preference petition."