K1 visa pending interview - switch to L1B, help

[Lisaashley 0]

Hi, my fiancé and I have completed all the K1 visa documentation and await his interview at the US embassy in London, although the date not been set yet, it is fast approaching probably some time in March. He had intended to leave his job in April and start work again after he'd adjusted his status (post wedding) August… But he has just found out that the company in the UK would be willing for him to be transferred to their US operations and therefore continue his employment...

Question is what do we do now? Is it possible to switch over to an L1B (which is what I assume we'd need reading other posts) as its a duel intent? Or do we have to cancel the K1 and start again, and whats the best way to do this?

Obviously we have invested time and money in to the K1 and are very close to getting this but from what we have read, it looks as though he is not allowed to work regardless of whether he is employed by a UK company, even temporarily in the US without the correct VISA… please help.

Edited February 11, 2014 by Lisaashley

[kzielu 1,149]

I believe all depends on timing here - if he gets L1B, he can work immediately moving to US and then file for AOS - which he will have to anyway moving on K-1. Question is how important timing is for you and how long will the L-1B take...

On K-1 he will not be allowed to work until he receives EAD,

[Lisaashley 0]

If he goes for L1B do we need to cancel K1? We are concerned that if his company back out and the K1 is cancelled we are not in a good position :/

I agree its timing issue, Ive read its a 2-4 month process for the L1B, this isn't going to work as this could take us right up to July and in August he can file for AOS… the only other option would be to use Premium Processing but Id still like to know more about our options.

[Lisaashley 0]

Is it possible to hold both a K1 Visa and a L1B visa at the same time?

If we keep the K1 visa on track and get that in my fiancé passport, could we then get him to apply for L1B visa fast tracked using Premium Processing and is it ok to have both visas?

We are not comfortable relying solely on the L1B visa especially if the K1 has to be cancelled. If he got both could he enter on the L1B continue working and the K1 would become redunent? then file for AOS after the wedding?

And if the L1B ends up not happening then he could just enter on the K1 and suck up not being allowed to work until after AOS.

[Nich-Nick 3,354]

Is it possible to hold both a K1 Visa and a L1B visa at the same time?

If we keep the K1 visa on track and get that in my fiancé passport, could we then get him to apply for L1B visa fast tracked using Premium Processing and is it ok to have both visas?

We are not comfortable relying solely on the L1B visa especially if the K1 has to be cancelled. If he got both could he enter on the L1B continue working and the K1 would become redunent? then file for AOS after the wedding?

And if the L1B ends up not happening then he could just enter on the K1 and suck up not being allowed to work until after AOS.

I would go with the sure thing K1. Marry the week he arrives and get the AOS/EAD/AP in the mail. Start filli ng out the papers while you are waiting on the Interview. Learn the process. Do you know where to get a marriage license, etc. Have it all lined out BEFORE he comes. After filing, apply for an expedited EAD approval based on him having a job offer in the US. Another thing to prepare in advance. A letter confirming his US job.

If missing some income is your concern, then he should continue working, even after he has the visa, until you have all the ducks in a row for marriage, filing the applications, and a letter confirming his US job.

A list for AOS so you know what to find and research the instructions for.

https://docs.google.com/document/d/1FIsgnb7Tfj7tcRNnqRMKUOXQdEfR6HTUDY2vX6zKqqU/mobilebasic?authkey=CNXN_oQH

[Lisaashley 0]

Thanks for the input but course of action is not going to work for us. We have already planned the wedding for July, we did consider marrying early to get the paperwork started etc but have decided against it.

What I really need to know is can he arrive in the US with BOTH the K1 and L1B visas and from what I have found since starting this post.. I believe you can

Benoit and Jess and Dakine10

http://www.visajourney.com/forums/topic/300795-from-k1-to-l1-b-problems-ahead/

Unless someone tells me otherwise, I think this is what we will attempt to do. Whether its just a case of staying and marrying on the L1 visa or leaving the country briefly before the wedding to re-enter on the K1 visa. I guess we will find out.