B2-l2?

Old Oct 20th 2006, 10:06 pm
  #1  
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Default B2-l2?

Hi, I hope someone can help with this question!

I'm currently on a B2 Visa. My fiance is on an L1a. Our visas are for 3 years, due to run out May 07. If we get married before Christmas, can I go back to England and apply to change my B2 for an L2 before our current visas run out? So, in January when I re enter the US I'll be on an L2?

Thanks in advance for any help.
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Old Oct 20th 2006, 11:32 pm
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Default Re: B2-l2?

Originally Posted by hayley82
Hi, I hope someone can help with this question!

I'm currently on a B2 Visa. My fiance is on an L1a. Our visas are for 3 years, due to run out May 07. If we get married before Christmas, can I go back to England and apply to change my B2 for an L2 before our current visas run out? So, in January when I re enter the US I'll be on an L2?

Thanks in advance for any help.
Hi:

You are conflating "visa" and "status." B-2 admissions are generally for six months. Watch the time in the US based upon the **I-94** and NOT the VISA.
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Old Oct 21st 2006, 12:36 am
  #3  
J. J. Farrell
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Default Re: B2-l2?

hayley82 wrote:
    > I'm currently on a B2 Visa. My fiance is on an L1a. Our visas are for
    > 3 years, due to run out May 07. If we get married before Christmas,
    > can I go back to England and apply to change my B2 for an L2 before
    > our current visas run out? So, in January when I re enter the US I'll
    > be on an L2?

There's a bit of confusion here. A visa is a document glued in your
passport, and doesn't have much to do with how long you're allowed to
stay in the USA. That's determined by the Immigration Officer at the
Port of Entry, and is written on your white I-94 card.

Assuming you haven't ever stayed in the USA beyond the date on your
current I-94, then once you're married to an L-1 holder you can apply
at a US Consulate to get an L-2 visa in your passport. You can't
"change" your B-2 visa to an L-2 visa, but you can get an L-2 visa.
It's possible they may cancel your B-2 when you apply for an L-2, but
most likely you'll end up with both. You need to use the L-2 to enter
the USA if you want to be in L-2 status.

If you have overstayed the date on your I-94, things get a lot more
complicated ...
 
Old Oct 21st 2006, 2:09 am
  #4  
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Default Re: B2-l2?

Originally Posted by J. J. Farrell
There's a bit of confusion here. A visa is a document glued in your
passport, and doesn't have much to do with how long you're allowed to
stay in the USA. That's determined by the Immigration Officer at the
Port of Entry, and is written on your white I-94 card.

Assuming you haven't ever stayed in the USA beyond the date on your
current I-94, then once you're married to an L-1 holder you can apply
at a US Consulate to get an L-2 visa in your passport. You can't
"change" your B-2 visa to an L-2 visa, but you can get an L-2 visa.
It's possible they may cancel your B-2 when you apply for an L-2, but
most likely you'll end up with both. You need to use the L-2 to enter
the USA if you want to be in L-2 status.

If you have overstayed the date on your I-94, things get a lot more
complicated ...
Ok, my visa is a multiple entry for 3 years. Each time I have been here, it's been for no longer than 6 months. I have never overstayed.

So, it's a case of applying for a separate L2 visa? Is this a fairly straightforward process, or do you think I should get a lawyer to help?

Thank you so much for your help so far.
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Old Oct 21st 2006, 8:50 am
  #5  
J. J. Farrell
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Default Re: B2-l2?

hayley82 wrote:
    > > hayley82 wrote:
    > > > I'm currently on a B2 Visa. My fiance is on an L1a. Our visas are
    > > > for
    > > > 3 years, due to run out May 07. If we get married before Christmas,
    > > > can I go back to England and apply to change my B2 for an L2 before
    > > > our current visas run out? So, in January when I re enter the US
    > > > I'll be on an L2?
    > >
    > > There's a bit of confusion here. A visa is a document glued in your
    > > passport, and doesn't have much to do with how long you're allowed to
    > > stay in the USA. That's determined by the Immigration Officer at the
    > > Port of Entry, and is written on your white I-94 card.
    > >
    > > Assuming you haven't ever stayed in the USA beyond the date on your
    > > current I-94, then once you're married to an L-1 holder you can apply
    > > at a US Consulate to get an L-2 visa in your passport. You can't
    > > "change" your B-2 visa to an L-2 visa, but you can get an L-2 visa.
    > > It's possible they may cancel your B-2 when you apply for an L-2, but
    > > most likely you'll end up with both. You need to use the L-2 to enter
    > > the USA if you want to be in L-2 status.
    > >
    > > If you have overstayed the date on your I-94, things get a lot more
    > > complicated ...
    > Ok, my visa is a multiple entry for 3 years. Each time I have been here,
    > it's been for no longer than 6 months. I have never overstayed.
    > So, it's a case of applying for a separate L2 visa? Is this a fairly
    > straightforward process, or do you think I should get a lawyer to help?

In that case applying for the visa is straightforward. The Embassy
website will give details of the procedure, but you need to book an
appointment in advance (for the London Consulate the booking needs to
be done from within the UK), then turn up with the application forms
filled in and the appropriate documents. In your case, you'll need your
husbands L-1 approval notice, evidence that he's in L-1 status (or
entitled to it) - a letter from the employer named on the L-1 approval
confirming that he works for them should be fine, and proof that you
are married to him. You shouldn't need a lawyer.
 

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