L1 to Green card
#1
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L1 to Green card
I've worked for a large US HQd multi-national company for the last 2 years and am about to attempt to move to the US. Presumably they'll apply for an L1B for me and I also presume, but haven't enquired yet, that they have a blanket L1. I'm also married to a USC who hasn't lived in the US since childhood. My thought process is that I immigrate on the L1B and then seek a green card via marriage. The sticky point is that my spouse is also seeking to gain UK citizenship and wishes to satisfy the 5 years of residence conditions for that to happen. We're quite used to being apart due to lots of travel and so would probably have a place both in the UK and US and we'd each be visiting the other for some time.
Presumably, she would have to move with me, I would initiate the GC process, and then she could move back to the UK. Can anyone tell me if I've missed some gotchas in this plan?
Presumably, she would have to move with me, I would initiate the GC process, and then she could move back to the UK. Can anyone tell me if I've missed some gotchas in this plan?
#2
Re: L1 to Green card
Possible issue with your wife getting British citizenship if her spouse is living abroad and she's planning on joining you in the US after she's obtained it? https://www.freemovement.org.uk/natu...le-live-in-uk/
#3
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Re: L1 to Green card
Essentially, applicants are expected to make Britain their home if they are granted citizenship. An exception is made for applicants who are married to or in a civil partnership with a British citizen.
#4
Re: L1 to Green card
Possibly, but it does also say:
further enquiries may be made and an application may be refused if it transpires that the spouse or partner:
further enquiries may be made and an application may be refused if it transpires that the spouse or partner:
- is resident abroad
- plans to reside abroad, or
- the applicant spends substantial periods with their spouse or partner and children abroad
#5
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Re: L1 to Green card
Thanks. I also neglected to point out that my spouse is also an EU citizen and presumably has independent means of gaining citizenship via that route.
#6
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Re: L1 to Green card
I don't know anything about the UK side of things, but from what you've said, the US side should be very straightforward, even if you have to wait several years.
#8
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Re: L1 to Green card
If you do it through her then it is a family reunification visa and she will be your sponsor.
Through the Company and she has no involvement.
Through the Company and she has no involvement.
#9
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Re: L1 to Green card
I don't quite understand that. I think I have to get the L-1 visa as we don't live in the US, so can't really re-unify there as it stands. So I thought my only way of getting to the US was to get a visa first, then move there, then apply for the green card. The visa would be via my company, and then the green card would presumably be on me, unless I could persuade them to help me get that too.
#10
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Re: L1 to Green card
To get a GC through your Employer they will need to sponsor you so they certainly would be involved, if that is the route you choose then best to get it in writing that they will do so with a given period.
#11
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Re: L1 to Green card
The plan is for my company to sponsor me for the L-1 visa only. After that I'd go for the marriage-based green card personally. I guess it's unlikely that my company would pay the fees for that. After I get the GC, then should the occasion arise, I'd be free to move to another company without worrying about visa status or having to return to the UK.
#12
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Re: L1 to Green card
So you will wait for your wife to move before going for the GC, see no issue with that.
#13
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Re: L1 to Green card
Although I'm not in any great rush for the GC, looking at the steps involved, am I to understand that my wife still would need to be my I-864 sponsor even though I earn a lot more than she does?
#14
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Re: L1 to Green card
This is the nature of non-immigrant work visas. At best, people manage to negotiate a guaranteed start to the employment-based green card process, but most of us came here with nothing more than a fixed-term appointment. In either case, you are stuck with the same employer for the first couple of years at least. As the Americans say: it is what it is.
Is there some reason that you would hesitate to commit to a couple of years in the new job? You are already working for the company, so presumably have some idea about the work/company culture. If the transfer is just a brute-force way to make the move to the US and you see absolutely no future with them, I'd suggest you just wait until your wife is ready and make the move together.
P.S. You'll want to ask your questions about the marriage-based green card over in the dedicated forum. That's where the pros live!
#15
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Re: L1 to Green card
Is there some reason that you would hesitate to commit to a couple of years in the new job? You are already working for the company, so presumably have some idea about the work/company culture. If the transfer is just a brute-force way to make the move to the US and you see absolutely no future with them, I'd suggest you just wait until your wife is ready and make the move together.
Thanks for all your advice.