Help, from L1 visa to getting married

[AF13 0]

Dear All,

I would need some advise. I am here in the US on a L1 visa but got fired today. I have 10 more days to leave the country, but thinking about getting married now to my boyfriend. How would that work? Could I change my status to a fiancee visa or a tourist visa and then get married? Or would I need to leave the US and then come back. I would appreciate some help and advise.

Thanks!

[Little_My 464]

You can adjust your status from the L-1 to permanent resident. You won't be able to avoid overstaying as it will be impossible for you marry and get all the necessary documents together in 10 days, but overstay won't prevent you from adjusting status. My suggestion would be for you to marry as soon as possible, and file for AOS immediately after that.

If you leave the US now, you are not allowed to come back with a non-immigrant visa as you now have demonstrated clear intent to immigrate. Your options would be to either file for the K-1 fiance visa to return and immigrate, or marry first and take the CR-1 spouse visa route.

Guide for AOS is here: http://www.visajourney.com/content/i130guide2

Takes around 5-7 months from filing to finish the process, and will cost you about $2,000 with fees, medical, passport photos and the rest.

[AF13 0]

Thank you for your answer. How long do you think it would take for me to work again?

And would it be hard to get the fiancee visa when I go back?

[ceadsearc 516]

You can file for an EAD with the AOS for free. The EAD takes 2-3 months from filing. How long it will take you to file depends on how quickly you get married, get your medical exam done, and get your paperwork together.

For the option of a K-1, you shouldn't have an issue if you leave on time and then file. That process takes 5-7 months and is all done in your country.

[AF13 0]

So I would need to be in Germany about 5-7 months to be able to reenter the US and then get married? My boyfriend lives in California and me in Boston so it would take a couple days to even get married. Not even sure how fast we get an appointment at the city hall. Is it ok to extend the 10 days and then get married?

[NancyNguyen 1,658]

Get married as soon as your status is terminated is a big red flag, you would have a tough time later on at the interview. Safe way is by the book, K-1. Good luck.

[AF13 0]

Ok. Do you think though in case we get married next week and I file then a change of status is fine? As long as we get married in between those 10 days?

I guess I can answer my last question already - yes, that would be fine. Would it be best to have an attorney for that all?

[ceadsearc 516]

You shouldn't need an attorney unless you feel better having one. Even if you marry before the 10 days, marrying right before you are supposed to leave is a red flag. But if you have a bonafide marriage you should be fine, just be prepared for the possibility of extra scrutiny.

Edited February 17, 2012 by ceadsearc

[Bobby+Umit 161]

If they got married now - I do not think it would be to much of a "red flag".

She entered the country legally, on a legal visa, and was fired.

She didn't plan on that, but it happened.

The rules state that if she is here legally, and gets married to an USC, she can file for LPR status. There is nothing in the rules that state any sort of time limit (or span) to do this in.

Could she have issues? quite possibly - but I have seen worst case scenarios get approved.

As long as she can prove the marriage was entered into without the intent to immigrate, then she is gold.

[AF13 0]

We have a relationship now for more than 1.5 years and can proove that with photos, emails, family visits, flights visiting each other, phone calls, skype and facebook communication. We wanted to get married in the fall but would do it now under he given cirumstances. How does that sound?

And thanks for everyones reply. I really appreciate everyones help!!

[ceadsearc 516]

I think you'll be fine. It isn't like you just came to the country and got married. You were here on a valid visa for awhile. Be prepared you could be questioned about getting married so close to the end of your visa but you aren't doing anything illegal so it shouldn't result in a denial or anything.

[AF13 0]

Ok. Sounds good. And we just got married so soon then because I got fired from my job. That would I guess be a good reason for getting married so fast. I also didn't want to overstay my status and be in line with all the rules and papers.

[AF13 0]

We decided to go to Vegas in a couple days. Nothing against getting married in Nevada, right? And what is the next step. How do I change my status then?

[ceadsearc 516]

Once you're married, this is the guide you will follow to adjust your status: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Your first step is to get a medical exam with a civil surgeon, a list of which can be found on the USCIS website. Keep in mind you can't leave the country at all until you have AP in your hand, or your process will be abandoned and you'll need to file for a CR-1 visa (which takes about 8 months) from abroad.

[AF13 0]

Ok. I will look at that tonight or tomorrow. THANK YOU!!