Timeline question for partner already in US on L1 Visa

[betweenNYandCA 0]

Hi all,

My girlfriend and I are planning on getting married soon and I was curious if anyone knew about the adjustment of status timelines so we could better plan the date. She's in the country on an L1 work visa and I'm a US Citizen, (born here). We'd met overseas 2 years ago, lived together this past summer and have been doing long distance since Oct. as I am studying in California and she is working in NYC. I'll be out in NYC again starting in June for the entire summer, but we were hoping to both move out to California at summer's end.

My question for you all is about how long does it take to do the adjustment of status with the I-310 form? From the date we get married and file the paperwork, how long will it take for her to have a visa allowing her to stay in the United States and how long after that will she be eligible to work? If the process will take a long time, we've been thinking of getting married earlier than June just to expedite things.

I'm really new to this process and understandably am kind of nervous about some sort of bureaucratic snag that might prolong our long-distance situation so any help you all have would be very deeply appreciated. Also, she's from Brazil, if that makes a difference at all...

Thank you!

[NikLR 13,232]

~~moved to AOS from tourist, work, and student visas from IR1/CR1 process and procedures~~

[Hypnos 6,578]

If you file a concurrent adjustment of status application (a fancy way of saying the I-130 and I-485 both filed together) then expect it to take around 3 - 4 months for it to be processed. Sometimes it takes a little longer, sometimes it can take a little shorter, depending on how backlogged your local USCIS office is (because they set the interview and make the final adjudication on the applications).

After filing it will take approximately 90 days for her EAD to be issued, alllowing her to work in the US until her application is adjudicated. As an L-1 she already has employment authorisation, although probably just for her employer at the current time. It's also worth noting that since an L-1 is dual intent, she would be able to depart and re-enter the US on her L-1 without abandoning her application before her AP is issued (if she applies for it - which she should).

If you wish to pursue this method you should follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

Edited January 21, 2015 by Hypnos

[kzielu 1,153]

I filed for adjustment of status from L-1B, had interview after ~2.5 months and a green card a week later. EAD (that I didn't really need) came at the day of the interview - but I really believe it mostly depended on how busy your local office is. All my filings (AOS, RoC and N-400) went extremely quick.

[betweenNYandCA 0]

Thank you all for the help on this! As you probably already know, it's a very confusing and stressful process...

If I could add two follow up questions:

1. We currently live on opposite sides of the country, (me in CA, her in NY). However, I will be living with her for about 3 months starting in June before I need to return to California in late Sept. Will it be problematic that we don't currently live together? The idea is that we'd do the joint filing as soon as I get to NY so that I could be in the same place for the interview when it hopefully comes around in Sept. However, it it takes longer than 90 days, (a good possibility since we'd be at the NYC field office), will this create a problem?

2. Ideally, what we could do is file where I live, (San Diego field office), as the average wait times seem to be a lot quicker. How long after the joint filing would she be eligible to move with me to California? Is there a temporary adjustment following the receipt of the paperwork or does that come later. If she leaves her job under her current visa, I believe she has to be out of the United States in about 10 days. But even if she'd be able to move to California with me in Sept. if they haven't gotten around to the interview yet, that'd be a real help to us.

Again, thank you to everyone for all your help. This board is a life saver and a great consolation!

[Owen_London 65]

Check my timeline, but bear in mind that getting the green card (not employment authorization) will depend on wait times at his local office.

Bear in mind Hypnos's statement earlier is not always true. He does not require AP (advance parole) to leave the country, providing he is still in his L1 job. If he leaves or is laid off, he will abandon the AOS process if he leaves the US. Since it is free to apply with AOS, you should apply for AP.

Not living together should not be a problem, as long as you can justify it. You can adjust your address during the process, but I don't know the details. You may find yourself travelling to be at the interview.

[betweenNYandCA 0]

Thanks Owen_London, it does seem we are in a similar situation to yours. I'm still curious to know what happens if one leaves one's job that is sponsoring the L-1 visa before having a green card in hand. While the AOS process is going through, is there a temporary visa issued, (it seems there would be considering the EAD card comes so much sooner...)? Or does one have to stay with the employment sponsoring the L-1 visa until the AOS process is complete? Thanks so much again!

[Owen_London 65]

Thanks Owen_London, it does seem we are in a similar situation to yours. I'm still curious to know what happens if one leaves one's job that is sponsoring the L-1 visa before having a green card in hand. While the AOS process is going through, is there a temporary visa issued, (it seems there would be considering the EAD card comes so much sooner...)? Or does one have to stay with the employment sponsoring the L-1 visa until the AOS process is complete? Thanks so much again!

A visa is for entering and leaving the country, not for legal status itself. She remains "in status" in the US during adjustment of status, even if she leaves her job. Once she receives the joint EAD/AP card (which used to be separate), she can start work (EAD) and travel in and out of the US without abandoning the adjustment application (AP).

[betweenNYandCA 0]

Ahhh! Thanks Owen_London!! I just had a great moment of clarity :-).