90 days rule for marriage & non-dual intent

[elafina]

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!

[scientist2016]

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!

The 90 day thing is merely a guidance from the sate department. Your AOS is adjudicated by USCIS, which is not the same entity. As such there is no 90 day rule. There is nothing to worry of. The only requirement in your category is that you should have entered with inspection, which you did. So you are good to go, as long as you haven't lied to the CBP officer on your entry. I would say continue with your marital plans.

[elafina]

Thanks so much for the response!