Grommy

I am transferring jobs from the UK to the US and will get an L1 Visa with my work. My boyfriend and I recently got engaged and really want to be able to move out there together and so have a few questions to help us decide what to do!
a) What are his options to join me prior to us getting married?
b) After we get married how long will it take for him to get an L2 Visa?
c) Is it much easier to get married prior to L1 application?

Any help would be great!

Noorah101

Visiting on the VWP.

As long as it takes to get an appointment at the embassy.

It doesn't really matter, just saves the cost of traveling back and forth if he uses the VWP and then has to go back to the UK for the L2 visa.

Rene

Grommy

Thank you very much Rene.

Do you know approximately how long it takes to get an L2 appointment at the embassy? And would be still be able to travel to the US while his application is processing?

Thanks!

Nutmegger

Another thing to think about -- when he enters the US with his visa, he will not be able to work immediately; he will have to apply for an EAD, which I seem to recall reading on here is currently taking a few months (you can research time frames on the forum using the search function). So he may want to think about continuing in his employment at least until the visa is processed, rather than bouncing back and forth to visit.

Grommy

Thanks so much for all of your help so far!

Does this mean that after we get married he wouldn't be able to join me in the states for a few months while he is applying for his L2? Or does it mean that after applying, he will get an L2 and be able to move and then have to apply for an EAD? Can you apply for an EAD in the US or does this have to be in the UK?

Nutmegger

He can only apply for the EAD in the US, after he has been granted his visa and then activated it by entering the US.

Rete

There is always a wait, be it if you are looking for permission to live and work in the UK or the US.

No, he cannot apply for the EAD while living in the UK and he needs an approved visa to apply for permission to work. That permission will be the L2. Even if he has an L2 in his passport, it is not until he has entered the US on that visa that he can apply via form I-765 for the employment authorization document.

If you marry now, before your company applies for your L-1, then you will apply for his L-2 at the same time (or the company might do it for you; not all companies will do that, however) and then you can most likely get the visas on the same day, if not the same week.

Being apart from each other for a few weeks will not end your marriage or your love for each other and many of us on these forums have been away from our spouses for months and years and are still married.

Grommy

Thanks everyone! Apologies for all of the questions, we're looking to get as much information as we can to help decide wether it's better to get married as soon as possible or if we have some more time to plan. I appreciate that any option means us being apart at some point in time.

Thanks for the info regarding the EAD application process and timings. Going back to the initial L2 application, how long does this typically take? And is there anything else we need to consider with this? Or is it a case of if I have an L1 and we're married, we will definitely get an L2 as well?

Rete

Timing is whatever time it takes. It is a generalized response because it can vary from person to person. Average? If filed together, usually the same time or within a week or two of each other. Normally, you would go to the interview together.

There has been slow down on timelines for all visas to the US worldwide meaning that what might have taken 1 month now takes 3 to 4 months. One woman is waiting over 6 months for her L2 because she is in administrative processing. This happens if there is any type of criminal history, name that is the same or similar to someone on the US watch list, previous visits to select middle eastern countries, or just because.

Normally, the L2 is the easiest of the visas to obtain. And yes, if you have an L1, your spouse qualifies to petition for the L2.

Noorah101

Can you not look at the.US Embassy website to see how soon a visa appointment can be made?

Rene

TheKingOfHearts

This all depends on whether he can or is willing to be out of work for a few months.

You have a few options.

1) B-2 co-habiting visa; this will not let him work, ever. But you also don't need to be married, you can find more info here
2) Get married and apply for an L1, he can then enter immediately, but will be unable to work until his EAD arrives, roughly 5 months. He must apply for EAD once he arrives in the US.
3) Number 2, but he arrives in the US, applies for EAD and then returns home to the UK to work until EAD arrives.

Grommy

Thanks - that's lots of information about the B2 visa! Is it harder to get a B2 visa if you qualify for the VWP? And how long do they take to process?

Also another quick question that has come up in discussions if anyone knows the answer - would my boyfriend be able to visit me in the US through VWP whilst his L2 is processing?

Thanks so much everyone for being so helpful!

Nutmegger

Fred16

Along with the points about marriage, now is the time to check the expiry of your passports.

Not sure how far in advance you can renew a UK passport, but if you find you have expiry within next year, I suggest you renew now

Will save alot of hassle, not only for this visa, but doing anything to avoid drama for your Drivers Licence ( depending on your resident state )

Noorah101

Do you currently cohabitate? That option is only open to those who cohabitate and can prove it. As for how long it takes... again, just depends how soon an appointment is available at the embassy.

No, because the embassy will keep his passport so they can put the visa inside of it. It will get delivered back to him by courier. This only takes a week or so (if all goes well), so it's not much time that he'd be unable to visit.

Rene