Aquapanther

OK thanks guys.
I've got another meeting with my lawyer next week so I'll get clarification on everything before making any decisions.

retzie

Is there a reason you didn't include the third option: leave the country (including just to Canada/Mexico) and request re-entry on the VWP? You would only get 90 days vs 6 months, but it would be a straight admit/deny decision at the border.

I don't know how likely you would be to succeed, 'in the current climate' and all, but it seems like even a VWP denial would be less hassle than a failed COS these days.

Jack8602

What happened to the GF?! on the other post you mentioned potential marriage, i guess that's no longer an option?

Aquapanther

Aquapanther

Noorah101

If you guys feel ready for marriage (and I assume she's a USC), that is by far the best way forward to protect your status in the USA. Don't view it as being under pressure; view it as the way to remain together on the same continent.

Rene

Steerpike

To elaborate on this ... COBRA is, as Noorah says, where you pay 100% of the cost of the premium. A popular misconception is that 'COBRA is expensive'. COBRA is neither expensive nor cheap; it's whatever the company pays (of course, it's more expensive than what you were paying before due to the company subsidizing your premium, but that's a different aspect). Some companies, with a sizable workforce that is relatively young, may have good rates, while a smaller company, and/or with an older workforce, may have very expensive rates. Every company has a unique negotiated rate structure for its employees and the variability can be quite amazing. I did some consulting for a 'benefits provider' a few years ago and learned quite a bit about how corporate medical insurance rates were established.

Aquapanther

Well...things have taking massive leaps forward over the weekend!
We are ready, committed and...quite nervous!

Either way, we understand that this is the best way forward for us and the alternative reality of being separated for up to three years is not an option we are prepared to take.
Got the meeting with the lawyer tomorrow to discuss how exactly we go about this.

One question for you (at the moment...I'm sure there will be a lot more soon).
Is it worth paying the lawyer to process the L1 to EB-2 adjustment of status paperwork for us, or is it a fairly straightforward process with not much risk?
Keep in mind that we likely have about 60 days to get the paperwork filed to avoice me going out of status. Also that I will not be working during that time so will have a lot of time on my hands to get things done myself.

Thanks again for all your advice and support guys.

Noorah101

My understanding is that the L-1 to EB-2 is something the company (and their lawyers) MUST do.... you can't do it on your own.

If you are going to get married and do the AOS via marriage to a USC. then you can do that on your own, without a lawyer, if you wish.

Rene

Aquapanther

Sorry, to be clear, I meant I'd be filing an AOS via marriage to a USC (I thought this came under the EB-2 category)..
It is this I'm inquiring about whether it is worth the money and expertise to use a lawyer to prepare and file the paperwork.

jxv73

EB-2 is employment based
Your marriage permanent residency would fall under the CR-1 category

Aquapanther

Got you.
Thanks for the correction.

Noorah101

Ah, in that case, you can certainly do it on your own, without a lawyer, as many of us here have done. Others have used a lawyer, but it's not required, just a personal choice.

When you start having questions about the AOS process, please post over in our Marriage Based Visa forum.

Thank you,
Rene
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