L-1 Visa questions

[audge111 0]

I was wondering if anyone can give me more information on the L-1 working visa.

I am a Canadian citizen. My boyfriend (also a Canadian citizen) has been offered a job in the US with the US affiliate of the same company that we both currently work for in Canada. He would be applying for a L-1 visa, but I would not qualify for a L-1 visa on my own as we have been told that there is no job in the US for me.

I have read that spouses and unmarried children of a L-1 visa holder would also be eligible to apply for the same visa in order to accompany the L-1 visa holder to the US. If we are not legally married (but let's say common-law or engaged) would I still be eligible for the L-1 (or L-2) visa? Would my 13 year old son (from a previous relationship) also be eligible for the same?

If I am NOT eligible for the L-1 visa and my son is not, are there any other options for us to be able to reside in the US with my boyfriend for longer than the 182 days of the visitor visa? It's not as important to me that I be allowed to work in the US (although ideally, I would like that if possible). The important thing is that my son be able to attend school (grade 9) while in the US. I am guessing this is not allowed on a visitor visa.

We would just like some answers to these questions before we can fully evaluate whether he will take the job in the US or not.

If anyone can help us out, it would be greatly appreciated.

[Done--Really 331]

Have you looked at TN-1 visa to see if you might qualify. Unfortuantely there aren't any girlfriend visas--we all wish there were !!

http://travel.state.gov/visa/temp/types/types_1274.html

[audge111 0]

Thanks for your reply magical... I have an accounting background, but do not have a professional designation or anything yet, so I don't believe I would qualify for a TN-1 visa, (not to mention I don't have a sponsoring company in the US to offer me a job)

I will keep searching for options though... :-)

[LIFE'SJOURNEY 970]

Your son would not be able to attend any public scholl free of charge on a visitor visa. Inorder for your son to attend school, you must attain a student visa for him. This means you will be paying for his education.

As stated in the previous post, there is no gf/bf visa attachment.

[Owen_London 65]

The L-2 visa is for spouses of L-1 visa holders and unmarried children under the age of 21. If you were to get married, then you could apply for an L-2 visa and legally work in the USA for the duration of his L-1 visa. I don't know for sure if your son would count for an L-2 visa too, but your company's immigration lawyer should be able to tell you that.

I suspect you would not have to pay for your son's education in high school, but you would have to pay out-of-state level of fees for college/university. That said, your company's international relocation policy will most likely pay for high-school education of a child if payment is needed. You should have received a copy of that policy, assuming it exists. That may also depend on you being married, though.

Good luck.

[KashEsq 0]

An L-2 visa is only for immediate family members of L-1 visa holders (i.e. spouses and minor children). Therefore, as a girlfriend, you would not qualify for an L-2 visa. You would have to get married first, and then both you and your son will be able to apply for an L-2 visa and stay in the United States for as long as the L-1 visa is valid (up to a maximum of five to seven years, depending on what type of position your boyfriend will hold in the US affiliate).

Fortunately, it is not required for an L-2 visa holder to obtain an Employment Authorization Document to work in the United States (though some recommend it to reassure potential employers that the person is indeed authorized to work in the United States).

An L-2 visa holder can study full time in the United States. Your son will be able to attend public high school (secondary school) for free. However, he will have to pay tuition to attend college/university (postsecondary).

Edited March 5, 2013 by KashEsq