FlatDog

So I've been in the USA for 3 years now on my L1B, and got it extended for another 2 years. In the mean time I fell in love with a girl in the US, but she is from Brazil. We've been dating about 1.5 years now but her labor certificate expires in September this year. She either has to go home or become one of the many illegal Brazilians in this country (which I don't agree with). Herein lies the problem, she seems quite happy to stay illegally.

So we talked about all the options, including marriage. I am not going to marry someone just to make them legal, but I'm curious about the following:

Lets say she goes back to Brazil, and after a few months I can't stand being without her and decide she is the one and want to marry. Can I marry and bring her back to the US with me while I'm on an L1B? Or do I need to wait for my Green Card (application has been in 2.5years already).

I'm also in the process of converting my L1 to a H1.

The whole situation is stressing me out big time.

Any advice? e.g. Stay well away! or this could work etc. much appreciated. Thanks.

meauxna

You are an L-1. If you are married, your spouse can apply for an L-2 dependant visa.
She needs to qualify for the visa to get it.

If you are an H-1B, your spouse can apply for an H-4.

Which part is messing you up?

FlatDog

What is messing me up is that we are not married now and won't be by the time her current status expires. If she stays here illegally and then say in 1year we get married, how does that affect her ability to get status from me having been here illegally? I really don't like the situation as I'm worried her status might affect my own.

meauxna

Ah, if she stays illegally, that interferes with 'She needs to qualify for the visa to get it.'

You should really encourage her to not stay illegally if she ever wants to stay legally. Only marriage to a US citizen cures that particular problem. It would still be a barrier for her getting a non-immigrant dependent visa via you, or a green card via you.
There are potentially consequences for your applications as well (harboring etc) that haven't been discussed much here.

Your original question was about her leaving on schedule and then returning. That could be possible.

FlatDog

Got it, thanks, I'm glad you confirmed my concerns and understanding of the situation. I've already told her that if she does that I'm having nothing to do with it and we are over. I'm not getting myself involved in anything like that. It was good to clarify this with someone else, thanks for the quick responses.

meauxna

You're welcome. I know it's difficult but hopefully it will prompt some good discussions for you two. For some context, though it sounds like you are aware, it's just not that big a deal in the general Brazillian community here.. so many people overstay, there's no stigma attached. However, things have changed so much in US enforcement in the past, oh, 5-10 years, that reality hasn't caught up to the lore, if you understand. People think it's a no/low consequence thing today, because it was in the past.

I think it's really risky now a days, and of course I'm a lot more cautious the older I get.