jtj1

Hi

I am on a L2 visa after moving to the US with my wife who is on a L1 visa

I have a job and an EAD that allows me to work

Unfortunately we are in the process of possibly separating, before I return to the UK is there anything I can do to amend my visa status to enable me to stay in the US to live and work?

Thanks in advance

Noorah101

You would need to find an employer to sponsor a work visa so you could do a change of status. Can your current employer do that?

Rene

Pulaski

As Noorah said, you need an employer-sponsor as if you were seeking to immigrate for yourself, and you have the same work, family, and investment visa possibilities.

It has occasionally come up on BE where someone has asked about "exiting" a spouse visa (L-2, H-4, O-3, etc.) and flipping straight to a K-1 or CR-1, but the logistics of that are impractical without a period outside the US, or at least being "out of legal status" in the US.

fozzyb

Is your husbands employer going to sponsor him for a greencard in the near future?

ian-mstm

FIFY!

Ian

ian-mstm

Your EAD is tied to your L-2 status... and your L-2 status is tied to your wife's L-1 status. Keep that in mind.


Is she returning to the UK? If she remains in the US and you are not divorced, then your L-2 status remains valid as does your EAD.


Do you have a burning need to return to the UK? That would seem to be a last step measure, and only if and when a divorce is final.

Ian

fozzyb

Woops..

Somehow I read that one backwards.

jtj1

Thanks for all your replies

No my wife is planning on remaining in the US and attempting to get a green card, etc. in the future

If we are not legally separated but live apart will that impact upon my current visa or potential to be included in her green card application in the future if i am unable to find a new sponsor?

ian-mstm

The term "legal separation" is largely a misnomer. If you're living apart, you're separated... whether or not there's any official paperwork involved. This ranks right up there with the belief that the other spouse has to agree to a divorce before you can get one! If one person divorces the other... you're both divorced!


It shouldn't, no.


Well, she's not obligated to include you in the application, and I'm pretty sure you can't force your way onto the application, but assuming she's willing to help you it should be okay.

Ian