Adjusting from a L 1 Visa
#1
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Joined: Mar 2004
Posts: 2
Adjusting from a L 1 Visa
I have a friend who has filed to adjust Husband who is here on a L, well he is currently back in the UK on a trip and will not be back for a few days.
The pack was sent after he left and will most likely be date stamped before he returns.
My assumption is that you need to be here in the US when the filing is received, but I just wanted to check that this is an issue.
The pack was sent after he left and will most likely be date stamped before he returns.
My assumption is that you need to be here in the US when the filing is received, but I just wanted to check that this is an issue.
#3
Re: Adjusting from a L 1 Visa
I have a friend who has filed to adjust Husband who is here on a L, well he is currently back in the UK on a trip and will not be back for a few days.
The pack was sent after he left and will most likely be date stamped before he returns.
My assumption is that you need to be here in the US when the filing is received, but I just wanted to check that this is an issue.
The pack was sent after he left and will most likely be date stamped before he returns.
My assumption is that you need to be here in the US when the filing is received, but I just wanted to check that this is an issue.
#5
Re: Adjusting from a L 1 Visa
Is this friend a USC and her spouse is living and working in the US on an L visa? Since she is filing for a spouse of a USC, I don't see where the whoopsie can be. His visa allows him to leave and enter the US and the L visa remains valid. The USC wife had to file the I-130 and I-485 and accompanying petitions for a spouse who is legally residing in the US or that the person had to be within the boundaries of the US at the time of mailing and receipt of the petitions. I don't recall anything in the I-130 or the I-485 that states he cannot leave the US as long as he has a valid visa for being here. They both ask where he is currently living and he is still living at that address, just traveling.
Perhaps Stu can explain the whoopsie comment.
Perhaps Stu can explain the whoopsie comment.
#6
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Joined: Mar 2004
Posts: 2
Re: Adjusting from a L 1 Visa
Friend is USC
Husband on L is Scottish.
He went back just before Christmas, they were waiting for Marriage License to come through, live in CA and apparently takes a long time there. So she got it and filed a week or so back, he is due to come back I think on the 6th.
Husband on L is Scottish.
He went back just before Christmas, they were waiting for Marriage License to come through, live in CA and apparently takes a long time there. So she got it and filed a week or so back, he is due to come back I think on the 6th.
#7
Re: Adjusting from a L 1 Visa
If he here living in the US with his USC wife under the VWP then perhaps I could see a whoopsie especially if his living address was given as the US. If it weren't then the I-130 would be first processed here and then sent to the US Consulate for the visa. But since he is legally residing in the US, I don't personally see what the problem is that the petitions were mailed while he was outside of the US on an authorized to travel visa and was returning. It's not like the L visa was void and he needed an approved I-131 to travel and return to the US.
#13
#14
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Joined: Mar 2004
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Re: Adjusting from a L 1 Visa
Sort of surprised this has not come up before assuming I have not just missed it
8 CFR § 103.2(a)(7)(i) seems the issue and needs to be here when for want of a better term it is logged in.
8 CFR § 103.2(a)(7)(i) seems the issue and needs to be here when for want of a better term it is logged in.
#15
Re: Adjusting from a L 1 Visa
Now both Sidney and husband are very bright with advanced degrees in STEM. I tell her about (without naming names) British Expats and maybe I’ll use her as an example of how bloody easy it is to misunderstand. Fortunately, their plans fit in with doing an immigrant visa. I referred them out and Sidney refiled a new I-130 under the then existing procedures of Rome DHS office. They kissed the filing fees goodbye.
Her mother and I are still good friends.
Last edited by S Folinsky; Jan 3rd 2021 at 7:15 pm.