corrieb

I'm in the USA with work, have been here 2 years on a 3 year L1-B. I plan to marry my fiance (together 3 years) in the US this year. I checked on the legalities of getting married on an L1 and that's all good and fine.

However, when I came back from the UK on a business trip this last time, I double-checked with the immigration officer on the AOS and she told me they "prefer" me to leave the country and come back in as part of that process. She said that it doesn't matter what the immigration lawyer tells you, this is what they want you to do.

I'm a little confused by this advice because it makes me wonder how long I'd have to be out of the country for and at what point in the process.

Any advice would be very welcome.

crg

You can use either process and travel during it as long as you are in full compliance with the terms of your L-1 because the L-1 allows dual intent. There are pros and cons of each method. AOS costs more than an immigrant visa, but associated travel to a foreign consulate costs money too. People admitted on an immigrant visa get a green card equivelent on the day of arrival, AOS people have to wait a few months.

Noorah101

Just to clarify, your fiance is a USC, right?

The POE officer is not the correct person to give you good advice. An Immigration Lawyer would be the correct person to give you good advice.

You do not purposely have to leave the country at all. In fact, it's probably better if you just stay inside the USA until you have your green card in hand. A typical AOS process nowadays is taking about 6 months, so not long at all.

Rene

corrieb

Yea, I'm wishing I'd clarified exactly what she meant, but I was jet-lagged at the time

Sounds like you're saying that an AOS I-130/I-485 - which seems like the most sensible route to me - would definitely not require me to leave and come back in? I have until June 2013 on the L1, so processing time isn't really an issue.

zerlesen

I've never heard anything along those lines before; I'm not even sure which agency "they" would refer to.

corrieb

Ok, sounds like I'm worrying about nothing.

My fiance is a USC and the case is as conventional as they get.

Noorah101

Correct.

Rene

corrieb

Thanks for being so responsive!