Renew E3 or start green card?

[Klarele123]

I am a current E3 visa holder. I got married this year to a US citizen and my husband and I are filing for an adjustment of status so I can get my green card.

My visa expires on March 8, so we are about 100 days out right now. I know the work permit can take 90 days to process. I don’t want to be in a situation where my E3 is expired and I don’t yet have a work permit. But I would also like to avoid the trip to Canada and and the E3 renewal process if possible.

My question is whether I should renew my E3 now and file for adjustment of status in a few months once that is all clear, or whether I should lodge my work permit, advanced parole, and adjustment of status documents now and hope that I will be covered to work legally by my visa expires.

 

[FlyingRon]

If you have an adjustment of status pending, you are not accumulating illegal presence time from the date of filing. If you are turned down, then that time is retroactively determined to be illegal presence. However, bona fide marriage to a US citizen isn't likely to be turned down.

The work permit is a completely different issue. If you are working, you must do so only when you have a valid authorization to do so.