frances5691

My Fiance is working in the USA on an L1B intra company transfer visa, we are planning on getting married in Florida in the next 4 weeks, I'm currently in the UK. I'm going out on VWP, whats my next move regarding my L-2 visa and change of status.

Frances

tom169

Sounds like you'll fly out on VWP, get married, return home and then apply for an L2 visa.

You won't be adjusting status as you will be entering the USA on VWP.

frances5691

Hi Tom169,

So you cannot change status using 1-539 form. I would need a B2 visitors visa then apply for an L-2 without leaving the US.

Noorah101

In theory, yes...however, it's very difficult to get a B-2 visa if you are eligible to use the VWP. If you apply for the B-2 and it gets denied, you have to redo ESTA and declare the denial, which then usually results in a denied ESTA for the next 6 to 12 months. I don't recommend this path.

I recommend either getting married in the USA and then returning to the UK for L-2 visa processing....or getting married in the UK and remaining for visa processing.

Rene

ian-mstm

Not from an ESTA/VWP entry, no.


One way or the other, you're going to have to leave the US - and, since that's the case, don't bother with the B-2 visa. Apply directly for an L-2 visa. You'll need proof of your (then) spouse's valid L-1 visa and a copy of the marriage certificate.

Had you married prior to him getting the L-1 visa, you could have applied for an L-2 visa prior to leaving and could have accompanied him to the US. Ah well... water under the bridge now.

Ian

Orangepants

We got married in Cayman. I was considering going to the Bahamas to get my dependent visa but decided to go to Toronto. Flew in Sunday for Monday apt, collected PP on Wednesday afternoon and back to US on Thursday. Really painless process and Toronto is a great city.