Made_in_England

Hello All

Firstly I would like to apologies if what I am about to ask has already been covered. I tried looking through previous posts but there are so many!!!

Ok

I am a UK citizen living and working in the US for nearly 4 years on an L1B visa (my extension runs out next year).

I am getting married in the next couple of months to a USC and I would like to know what I need to do to get my status changed and what status should i be applying for.

I have been reading about K1 visa's but they seem to be for people outside of the US wishing to come in and marry but as I am already here do i need to the same visa?

Also what is the timescale for a status? If my L1 expires before my status is changed will i need to leave? What are the costs involved? Do I need to hire a lawyer. I am very confused so any help would be greatly appreciated.

neil

You just need to apply for "adjustment of status" from within the US. I did it a few years ago, there's a long list of forms that all get sent off. To avoid any hassle I just paid a lawyer to do it, but if I felt I had enough time to spend researching it, and actually filling in the forms I could have done it myself. Once you've sent your application you should get an EAD (work authorisation) which means you no longer have to use your L1 visa, so if it's expired there is no issue. If your L1 has expired before you get your EAD you would technically not allowed to work until it came through, but if the application for adjustment of status has been filed you can stay in the country.

I think the filing fees are about $1000, I don't recall how much I paid a lawyer but it shouldn't be hard to get some quotes.

Noorah101

Go to www.uscis.gov, Immigration Forms, and look at:

I-130
I-485
G-325A
I-765
I-131
I-864

These are the forms you'll need to fill out and submit all together. The address where to file is in the I-485 instructions. You'll also need a full medical done by a USCIS approved doctor (the list of doctors is also at www.uscis.gov). The fee is $1,010 including biometrics (fingerprinting).

As for how long it takes to become a permanent resident (i.e., get your green card), it depends on the backlog at your local office. It could be as fast as 3 months, it could take up to a year or more. Also depends on whether you end up with lengthy security checks or not.

You and your spouse may be required to attend an interview in person at your local office, or your case may get approved without an interview, both have been happening lately.

Best Wishes,
Rene

Noorah101

Just to clarify, the K-1 visa does not apply to you, since you're already in the USA. A visa is for getting into the USA...you are already here. You'll be applying to adjust your status to permanent resident. You do not have to leave the USA to do this.

Rene

Bluegrass Lass

Once you file for Adjustment of Status (AOS), you're status is "Pending AOS." You would not be considered out of status. As another poster pointed out though, you want to make sure that you apply for your Employment Authorization Document (EAD) to give you work authorization while you await AOS. The cost of the EAD is included in the $1010 filing fee. This would be especially true if your L1 status is going to expire during the time it's likely to take for the AOS to be approved. So if your L1 status is going to expire in 6months, then you legally cannot work after that, but if you have an EAD you won't have an issue. But if the L1 is going to expire in 2 years (I have no clue how long they are valid for), then you may not need an EAD at all (but you still pay for it with the AOS) because your AOS is likely to be approved in less than 2 years. I say likely to be approved in 2 years because one never knows with USCIS and nothing is guaranteed.

If you feel rather confident in your research skills, and are comfy filling out forms, you don't need to use a lawyer. Most of us on here have done it ourselves, though there are some that prefer to use a lawyer. You can ask us any questions you have about the forms, since a lot of us have gone through it before.

meauxna

Plus I-130 fee, right?
I still don't have the new total memorized...

Noorah101

Oops, that's right. Add in the fee for the I-130. I don't recall what it is, $355 or something....it's on www.uscis.gov.

Rene

fatbrit

Since nobody's mentioned it, best not to leave until green card in hand.

neil

Only if there's a gap between expiry of the L1 and the application being accepted though, right?

Rete

Correct.

As long as the L1 is valid and he is still working with the same company in the same capacity, he can leave and re-enter on that visa. If it is expired and the time gap, if any, between the expiration of the L1 and the filing of AOS is less than 180 days, he can leave and return on advance parole.

Made_in_England

So it looks like i don't need to do anything until after the wedding right?

Thank you all for your input. this really is a fantastic forum...

I'm sure i'll be back on here with other questions

Noorah101

You can't do anything until after the wedding. You have to be married (and have the certified copy of the marriage certificate in hand) in order to start filing AOS.

Rene