Jay Kay

My fiance (who has a greencard) is currently working in the US. I am
planning to join up with her in the US around July this year on a L1
visa (establishing a branch in the US for my company) if everything
goes according to plan.

My parents are going on holiday to the US and will be visiting my
fiance during the time. It so happens it is my birthday during the
week that they are visiting her and I would like to go over and visit
for a week to be with them.

My question is: what do I tell the consulate when I apply? Should I
tell them the bare minimum or be totally honest and hope for the best?

I am a bit worried about not getting a vida as from an outside
point-of-view the situation does not look that convincing that I will
return, even though I AM going to.

Thanks in advance

Ingo Pakleppa

Good news. You don't have to worry about what it looks like. As an L-1, it
is perfectly legal to plan to stay in the US. L-1 is among a small number
of dual-intent visas that allow you to pursue immigration even though it
is technically a non-immigrant visa.

For the same reason, your fiance can sponsor you for a Green Card as soon
as you get married (of course, the quota backlog will still apply).

Ingo

On Wed, 22 Jan 2003 10:28:59 +0200, Jay Kay wrote:

    > My fiance (who has a greencard) is currently working in the US. I am
    > planning to join up with her in the US around July this year on a L1
    > visa (establishing a branch in the US for my company) if everything
    > goes according to plan.
    >
    > My parents are going on holiday to the US and will be visiting my
    > fiance during the time. It so happens it is my birthday during the
    > week that they are visiting her and I would like to go over and visit
    > for a week to be with them.
    >
    > My question is: what do I tell the consulate when I apply? Should I
    > tell them the bare minimum or be totally honest and hope for the best?
    >
    > I am a bit worried about not getting a vida as from an outside
    > point-of-view the situation does not look that convincing that I will
    > return, even though I AM going to.
    >
    > Thanks in advance

Jay Kay

Thanks Ingo - a few more questions:

I do not have the L1-B visa yet - I only want to apply for a standard
B-2 tourist visa. I will only know closer to July this year whether I
will be transferred by my company and will only then be applying for
the L1-B visa.

Will the fact that I have a fiance currently in the US who has a
greencard not affect me getting the B-2 visa as they could say that I
have immigration intent etc.?

Also, what is the quota backlog at the moment if my fiance had to
sponsor me for a greencard? Last I heard it was 5 years or something?

What is the backlog for US citizens sponsoring spouses?

On Wed, 22 Jan 2003 09:26:12 GMT, "Ingo Pakleppa"
wrote:

    >Good news. You don't have to worry about what it looks like. As an L-1, it
    >is perfectly legal to plan to stay in the US. L-1 is among a small number
    >of dual-intent visas that allow you to pursue immigration even though it
    >is technically a non-immigrant visa.
    >For the same reason, your fiance can sponsor you for a Green Card as soon
    >as you get married (of course, the quota backlog will still apply).
    >Ingo
    >On Wed, 22 Jan 2003 10:28:59 +0200, Jay Kay wrote:
    >> My fiance (who has a greencard) is currently working in the US. I am
    >> planning to join up with her in the US around July this year on a L1
    >> visa (establishing a branch in the US for my company) if everything
    >> goes according to plan.
    >>
    >> My parents are going on holiday to the US and will be visiting my
    >> fiance during the time. It so happens it is my birthday during the
    >> week that they are visiting her and I would like to go over and visit
    >> for a week to be with them.
    >>
    >> My question is: what do I tell the consulate when I apply? Should I
    >> tell them the bare minimum or be totally honest and hope for the best?
    >>
    >> I am a bit worried about not getting a vida as from an outside
    >> point-of-view the situation does not look that convincing that I will
    >> return, even though I AM going to.
    >>
    >> Thanks in advance

Ingo Pakleppa

I think you probably will be fine. Your fiance could interfere with your
B-2 visa, but your intent to get an L-1B later will probably avoid that
problem. In the end, you will have to try it - it is a discretionary
decision of the consular officer.

The quota backlog for GC holders is a bit over five years now. There never
is a quota backlog for US citizens sponsoring spouses; they are considered
immediate relatives and are always statutorily eligible to immigrate
immediately. So have her apply for naturalization as soon as she is
eligible.

On Wed, 22 Jan 2003 13:50:29 +0200, Jay Kay wrote:

    > Thanks Ingo - a few more questions:
    >
    > I do not have the L1-B visa yet - I only want to apply for a standard
    > B-2 tourist visa. I will only know closer to July this year whether I
    > will be transferred by my company and will only then be applying for
    > the L1-B visa.
    >
    > Will the fact that I have a fiance currently in the US who has a
    > greencard not affect me getting the B-2 visa as they could say that I
    > have immigration intent etc.?
    >
    > Also, what is the quota backlog at the moment if my fiance had to
    > sponsor me for a greencard? Last I heard it was 5 years or something?
    >
    > What is the backlog for US citizens sponsoring spouses?
    >
    > On Wed, 22 Jan 2003 09:26:12 GMT, "Ingo Pakleppa"
    > wrote:
    >
    >>Good news. You don't have to worry about what it looks like. As an L-1, it
    >>is perfectly legal to plan to stay in the US. L-1 is among a small number
    >>of dual-intent visas that allow you to pursue immigration even though it
    >>is technically a non-immigrant visa.
    >>For the same reason, your fiance can sponsor you for a Green Card as soon
    >>as you get married (of course, the quota backlog will still apply).
    >>Ingo
    >>On Wed, 22 Jan 2003 10:28:59 +0200, Jay Kay wrote:
    >>> My fiance (who has a greencard) is currently working in the US. I am
    >>> planning to join up with her in the US around July this year on a L1
    >>> visa (establishing a branch in the US for my company) if everything
    >>> goes according to plan.
    >>>
    >>> My parents are going on holiday to the US and will be visiting my
    >>> fiance during the time. It so happens it is my birthday during the
    >>> week that they are visiting her and I would like to go over and visit
    >>> for a week to be with them.
    >>>
    >>> My question is: what do I tell the consulate when I apply? Should I
    >>> tell them the bare minimum or be totally honest and hope for the best?
    >>>
    >>> I am a bit worried about not getting a vida as from an outside
    >>> point-of-view the situation does not look that convincing that I will
    >>> return, even though I AM going to.
    >>>
    >>> Thanks in advance