Hi,

New to the site and after a bit of searching around I was wondering if someone might be able to help me on a query.

I have been given a transfer for the firm I work for and they are moving me across to work in New York :-). They will give me an L1 visa and my partner would get an L2 and this is the problem.

We plan to move to the US around April 1st and we get married on April 21st.

And as I understand it the visa process intially is just focused on me and
then when I do the embassy visit bit they check our paperwork out and would need her marriage certificate to give her the L2.

Obviously we will not have that until early May. So what should we do? I obviously want us both to move across together and understand that she cant work until the L2 (and work authorisation happens) but can she come across on the VWP or would they give her another type of Visa?

Bit worried about what to so any advice would be great, we even discussed going to Vegas to do a quickie wedding in the next couple of weeks and then use the 21st just to confirm vows.

Your advice would be great.

Thanks

G.

Hello,

most likely you will qualify for a B-2 visa. I was in a similar situation and B-2 was granted for this and another reason where my L-1 overweighted.

Kind regards
CCR

It is very easy to get the L2 at the same time as the L1 - you share the embassy appointment etc.

If she applies for the L2 after you get your L1 - it is I believe a very easy process to go through - but she will have to be OUTSIDE the US to get the visa - ie attend the interview in London. I imagine (and someone could confirm this) - she could come and visit you on the vwp (make sure she says something like this to the immigration officer at the airport - and not say- going to live with my fiancee before his marriage etc) but would need to return to the uk for the appointment/ passport update part, and then would return to the US entering for the first time on her L2 visa.

If you dont mind the quickie idea - it really makes the process a lot simpler for you.


and whilst i cant comment on the validity of CCRs advice - it does seem like a lot of hassle/expense for a month or so worth of visit.

She can not have an L-2 visa until you are married.

You should speak with the company immigration lawyer about the best strategy for YOUR situation.
She may be able to enter on the VWP and change status after you're married, but since this is against the VWP entry standards in general, you'd want a legal opinion on it.
Changing status will allow her to apply for her EAD etc but not travel outside the US; she still needs a visa for that.

It would certainly be simpler to marry civilly ahead of time if you want to *move* together. Don't assume it will be OK to enter as a visitor with the intent to change status a month later.

Thank you all for you quick advice.

So it sounds like the moving the day forward could be the best option. But the B vias is not something that I was aware of so I might investigate that as well.

Looks like using the VWP should be a last resort and I should get advice on that as well.

Thank you again!

I encourage you to investigate B visas. I made a good experience with my given situation

It's difficult to get a B-2 visa if she's eligible to use the VWP. Unless she specifically applies for a B-2 "as your cohabitating partner", which you have to then bring proof that you've lived together for a good amount of time. In my opinion, not worth all that for just 1 month.

Personally, I'd move the wedding date up and make it easier on everyone.

Rene

The B visa is what the Visa Waiver Program is replacing, for citizens of certain eligible countries. The only advantage of it in a non-immigrant situation like yours is that it allows for a 6 month (potentially one year) period of admission vs 90 days. I don't see how it suits your needs. Entering with the intent to change status still applies to that visa admission (like the VWP).

I agree, it's for such a short period of time, plus there is the expense.

Are you & your fiancee UK citizens?

Yes we are both UK folks.