immigrant intent

[quietwaters 0]

Hi all. I'm new to this forum and already I have learnt so much.

I have an interesting visa situation that I'm hoping to get advice on.

The organisation that I am currently working for would like to transfer me to work from our US office for about 3 years. I qualify for the L1 visa based on my position as a manager in the organisation. However, as the organization started looking into the visa process, the immigration lawyers said that I will not be granted the L1 visa. And here's the reason why...my husband is an american citizen and by virtue of that I have 'immigrant intent.' We were adviced that my husband needs to file for the I-130 (Petition for an Alien Relative).

My husband is an active duty soldier and on deployment. From what I have read in this forum already, I have seen that the visa process is quite lengthy and time-consuming. My husband will not be able to follow up on that process while he is on deployment. Secondly, as strange as it seems, I do not want to migrate to the US. Where I come from (Kenya), I would have to surrender my citizenship since the government does not allow dual citizenship. For my husband and I, we would like to live in Kenya once he is done with the army (another 2 years).

I would appreciate your advice on whether there is any way we can make the case for me to get a non-immigrant work visa even though I am married to an american. Secondly, if we were to apply for the spouse visa, can I get permanent residency (and not US citizenship)?

Thanks everyone for the advice you can give. Oh and thanks for reading this rumbling note!

[b1978 0]

Still sounds like the I-130 process is the best for you.

Reason # 1: You should be able to expedite the process if your husband is on deployment.

Reason # 2: I-130 gives you an immigrant visa, which would give you a perm resident card... you are not required to become a US citizen.

Brandon

[canadian_wife 1,829]

Applying for a spousal visa WILL get you permenant resdiency, NOT US citizenship. So it sounds like the I-130 petition is your best bet. It allows you to work immediatly upon entrance into the US and no need to give up your Kenyan citizenship!

Good luck.

[shefellfromheaven 18]

Applying for a spousal visa WILL get you permenant resdiency, NOT US citizenship. So it sounds like the I-130 petition is your best bet. It allows you to work immediatly upon entrance into the US and no need to give up your Kenyan citizenship!

Good luck.