Getting married on L1 but not adjusting status

[b3bang04 0]

Hi all! Question:

I am currently in US under L1 VISA. My US citizen boyfriend and I wants to get married in US, but we don't want it to cause any legal issues since L1 is technically a non-immigrant VISA. Plus, my US employer is planning to sponsor a green card for me, after a year or so,so I can permanently work there. So we are thinking of getting married in US, but NOT adjust my status to permanent resident (thinking that in doing so, we will not violate the law). We're planning on just waiting for the green card that my employer will sponsor, which will be, in my opinion, very legal.

Any thought on this? All comments are welcome.

Thanks!

Edited June 26, 2009 by b3bang04

[Nik+Heather 121]

I'm hesitant to make any comments about your feelings regarding trying to adjust from your L1 visa...It seems to be dependent on your intentions when entering.

http://www.visajourney.com/forums/index.ph...p;page=otheraos

BUT, I would not depend in any way on your employer to supply your green card. What if times get tough and they elect not to renew your visa/get a green card?? Then you will be married and have to go home and endure a separation from your husband. I know that a lot of us are going through such things ourselves, but we'd get around it if possible.

[Chica Yeyé 41]

Why not just do the Adjustment of Status? What if your employer backs off? What if you loose your job in the meanwhile? Too risky.

[Usui Takumi 1,562]

What if the employer lays you off? Does that do anything? I mean the L1 doesn't get canceled that day does it? If they back off and look to start laying ppl off she could always adjust then right? There is no time limit after the marriage right? As long as that AOS is through before she is required to leave the country she is safe?

I only bring this up because money plays a big part in the decision. If the company does it they save $1000. As long as they have a reasonable safety net then it might be worth it to them if money is very tight.

Also once the GC is hand it doesn't matter how you got it right in terms of US citizenship? IE. With the GC through her company, because she is married to a USC she still only needs 3 years to apply?

[meauxna 15]

Hi all! Question:

I am currently in US under L1 VISA. My US citizen boyfriend and I wants to get married in US, but we don't want it to cause any legal issues since L1 is technically a non-immigrant VISA. Plus, my US employer is planning to sponsor a green card for me, after a year or so,so I can permanently work there. So we are thinking of getting married in US, but NOT adjust my status to permanent resident (thinking that in doing so, we will not violate the law). We're planning on just waiting for the green card that my employer will sponsor, which will be, in my opinion, very legal.

Any thought on this? All comments are welcome.

Thanks!

There is no conflict with an L-1 marrying a USC and adjusting status from the L-1. You can remain at your employer, and in fact, in L-1 status during your adjustment (meaning you do not have to stop working and wait for an EAD/work permit based on your adjustment). The L and H 'dual intent' provision will allow you to travel outside the US on your L-1 as long as you maintain the specifics of you L visa (work for same employer etc).

It could be a long, cold wait for an AOS via your employer. As for anyone with an immigration history (like your L-1), you are best off getting a consultation with an immigration attorney to go over the how-to specifics of the AOS and make certain there is nothing in your history that you need to pay attention to.

If I were your US citizen partner, I'd rather have personal control over our marital/immigration future than leave it in the hands of an employer.

[meauxna 15]

Also once the GC is hand it doesn't matter how you got it right in terms of US citizenship? IE. With the GC through her company, because she is married to a USC she still only needs 3 years to apply?

Since there aren't normally a lot of work visa questions asked around here, I can confirm this one for you. It doesn't matter how the PR gets their status, if they have been a PR for three years + married to a US citizen for three years, they can apply for naturalization under the waiver provision (3 years instead of 5).

[Chica Yeyé 41]

Hi all! Question:

I am currently in US under L1 VISA. My US citizen boyfriend and I wants to get married in US, but we don't want it to cause any legal issues since L1 is technically a non-immigrant VISA. Plus, my US employer is planning to sponsor a green card for me, after a year or so,so I can permanently work there. So we are thinking of getting married in US, but NOT adjust my status to permanent resident (thinking that in doing so, we will not violate the law). We're planning on just waiting for the green card that my employer will sponsor, which will be, in my opinion, very legal.

Any thought on this? All comments are welcome.

Thanks!

There is no conflict with an L-1 marrying a USC and adjusting status from the L-1. You can remain at your employer, and in fact, in L-1 status during your adjustment (meaning you do not have to stop working and wait for an EAD/work permit based on your adjustment). The L and H 'dual intent' provision will allow you to travel outside the US on your L-1 as long as you maintain the specifics of you L visa (work for same employer etc).

It could be a long, cold wait for an AOS via your employer. As for anyone with an immigration history (like your L-1), you are best off getting a consultation with an immigration attorney to go over the how-to specifics of the AOS and make certain there is nothing in your history that you need to pay attention to.

If I were your US citizen partner, I'd rather have personal control over our marital/immigration future than leave it in the hands of an employer.

WORD!

[b3bang04 0]

Thanks for the responses guys! I really appreciate everything!

Good Luck to everybody!

[KPC 0]

Thanks for the responses guys! I really appreciate everything!

Good Luck to everybody!

Just to re-iterate the above responses, having recently adjusted status from a L1 - there is no problem adjusting from this visa type, in fact the immigration officer at our interview said that it made his life earlier as there was no question around how and why I came to the USA!

Whilst the application is pending, assuming you keep working for your employer, then you don't need an EAD, and you can enter and leave the USA freely without advance parole.

Since EAD and AP are included in the cost of the AOS filing, too be honest you might as well apply for them anyway - then you are safe if your status changes.

Best of luck!