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Most likely L1 Visa with intention to adjust status once married

Most likely L1 Visa with intention to adjust status once married

Old Jun 23rd 2010, 9:49 pm
  #1  
HJP
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Default Most likely L1 Visa with intention to adjust status once married

All,

New to this site and think this is a fantastic resource- thank you to all the administrators and contributers (it has already answered a number of questions i would've otherwise been none the wiser to)...

So i shan't begin a long-winded tome about how i have arrived at where i am today in terms of moving to the USA etc but here is my predicament in a nutshell and would really value the community's views/advice as to feasibility:

1. My employer is going to be seconding me out to the NY office within the next 2-3 months on what i assume to be an L Visa (it is a big FTSE 100 so most likely be the blanket L1, i am a british citizen). HR reckon i will be out there by 1st Sept (this seems to be to be a rather longer wait time than i have seen on these boards but i am assuming the work with the lawyers will take a while).

2. My long term girlfriend is an american living in NY

3. One of our options is to get married at near to the end of the year/early next year.

4. One thought we have is that i arrive on the L visa and within a month or two of arriving seek to get married and adjust my status accordingly.

So the questions are:

a) Is this a realistic possibility?

b) if so would the short dated time period between arriving on an L1 to requesting an adjustment to either fiance visa or green card be problematic?

c) am i right in thinking that having requested an adjustment i would be bound to remain within the US?

Any observations/comments you have would be greatly appreciated. It so happens that my company sending me over may be opportune in overcoming this 9 month wait period to be able to be in the same country having got married

Thanks all!
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Old Jun 23rd 2010, 10:39 pm
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Default Re: Most likely L1 Visa with intention to adjust status once married

Well, who fell in the lucky pot?!

Specific to the L-1 & H-1B visas, it's ok for you to intend to adjust through your marriage (see if you can't get a good relocation package out of your company though!).

You would not be adjusting to a fiance visa... you go straight to the green card.
The short time isn't a big deal. Your company might even pay for your application.

When it comes time, please go over to the marriage-based visa forum, and check the wiki, for tips on Adjusting Status to Permanent Residence (green card). You'll notice the 'Permanent' and 'Resident' part of that application.. yes, you will be expected to live in the US while in that status. You can start reading up now on your rights/responsibilities as a PR & how much time you need to be in the US vs out.

You might even look as far ahead as naturalizing to US citizenship, and do some record keeping starting right away that will make that future application easier.
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Old Jun 24th 2010, 3:52 am
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Default Re: Most likely L1 Visa with intention to adjust status once married

If there's an option to get a green card or immigrant visa through the EB-1 route (executive/manager transfer) this may be preferable to going for one via marriage.
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Old Jun 24th 2010, 2:31 pm
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Default Re: Most likely L1 Visa with intention to adjust status once married

Hypothetical question...bear with me...

1. Arrive on L1 visa late august/early september

2. Get married to american g/f in october

3. immediately request adjustment of status in october

4. meanwhile, having applied for AOS, employer decides my job (for arguments sake lets say this happens in november) is no longer required and my employment is terminated

In the circumstance above what would happen if i lost my L1 visa whilst in the middle of the AOS application?

Thanks
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Old Jun 24th 2010, 3:36 pm
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Default Re: Most likely L1 Visa with intention to adjust status once married

Originally Posted by HJP
In the circumstance above what would happen if i lost my L1 visa whilst in the middle of the AOS application?
Nothing would happen. Your L-1 would, of course, become invalid... but having filed for AOS based on marriage to your USC spouse, you are allowed to remain in the US until such time as the AOS is adjudicated. Meantime, you would need an EAD to work, and AP to travel - both of which are included with the AOS package.

Ian
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Old Jun 24th 2010, 3:48 pm
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Default Re: Most likely L1 Visa with intention to adjust status once married

Originally Posted by ian-mstm
Nothing would happen. Your L-1 would, of course, become invalid... but having filed for AOS based on marriage to your USC spouse, you are allowed to remain in the US until such time as the AOS is adjudicated. Meantime, you would need an EAD to work, and AP to travel - both of which are included with the AOS package.

Ian
Yep, what Ian said.

Rene
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