Deco82

Hi All

Appreciate that similar threads have been raised before, but wanted opinions on my situation.

I’ve been out in the US on an L1 for 18 months now and my girlfriend is on a B2 and has been spending time with me, not working, along with time back in the UK in between.

Working up to popping the question later this month and without wanting the spoil the romance of everything I’m think of the practical side of things. I know she wants a wedding in the UK with friends and family etc. but practically this adds a bit of time to things. Her current I94 expires early Jan, so if it was the UK suspect we would do the 7 day residency in UK then have to wait the 28 notice period so realistically early Feb for a wedding. Which works because it would give us just over 3 months (assuming she says yes) to plan a smallish wedding in our home town. However as would be out of the US we will have to get the change of status at the Embassy. I wouldn’t want her to re-enter again on a B2 after this stay expires as the number of months in total is racking up. Does anyone have experience of how long that takes. Do you have to start from scratch or it is a shortened process? I.e. if we married on a Friday could we have the change processed by the Embassy the next week?

The other option is that while she is on her current stay we have a small ceremony with friends here and apply for a change of status from the US and have the reception with our family when we are back home in Jan . It seems this has to be done via a manual form and could take up to 45 days which could go past her current I-94 expiry and cause more problems.

I should say there is no immediate rush her current stay is till December anyway. I’m going to be back in UK for most of Jan anyway for work hence timing for a UK wedding is perfect also. When she’s over here I support her financially, and she does freelance work when back in the UK. Once we are married it would be great for us to move back out to the US and get the EAD process started for her.

To me, a UK wedding with all our friends, followed by a B2>L2 change at the Embassy seems the cleanest (and easiest) and means we come back to the US to start our next exiting chapter.

Welcome thoughts / comments / experience

fbf2006

Do it in the UK since you'll both be there. It's not really a B2 - L2 change when outside the US as you can't change status out of the country. She'll simply be applying for an L2 visa based on your L1 by completing the DS 160. She'll then need to take your L1 approval notice, most recent pay stubs to show you're still working at the company, and marriage certificate.to the interview.


if she doesn't do the above and instead changes status in the US, she'll actually still need to go to a US consulate to get an L2 visa stamped in her passport if she intends to leave and renter the country after the change of status is approved.

Deco82

Thankyou.

So from what I understand the change of status over here would just be for current stay? I.e. when going back to the UK we would have to go to the Embassy to change anyway.

The only advantage of marrying in the US now is that we speed up the notice period (7+28). Think there would be any issue with filing the D-160 in advance (before the wedding) so at least we have the appointment booked?

fbf2006

The change of status is not really for the current stay. It most likely would be dated for however long your L1 status is. it's just that you need a valid visa to enter the country and she would not have an L2 visa in her passport to do so. So yes, she would need to get a visa at some point anyway, so why not just do it all in the UK?
You can't file the DS 160 in advance as you have to be married at the time of the application.

Deco82

Got you. Doing everything in UK seems to be the easiest route.

Just need to ask her now!! And decide where we get married. Will make sure we have a laptop handy to get the DS-160 in as soon as we sign those certificates

Appreciate the feedback.