L1 or continue with K1?

[RambaCat 643]

Hi,

 

Back in January of this year, my fiance and I submitted our K1 application. It should be a pretty straight forward case, we knew I wouldn't be working right away because of it, etc.

 

In May, the company I work for informed me they want to keep me working for them in the US, because the people they have in their US office don't currently have my skillset, and have said they are willing to pay the expedite fee to get me my L1 asap.

 

There was no reason at the time I applied for K1 for me to believe they would be willing to keep me on full time but there's been a small restructuring of the management due to the Managing Director retiring in February.

 

I'm looking for some advice, really, as I'm torn between staying on the K1 (I won't get that money back, and we're nearly at the finish line!), and taking them up on their offer, as it would allow me to be self sufficient almost from the get go.

 

The biggest concern I have, is if there are likely to be any issues if I were to apply for the L1; in the application stage, the interview stage, or after.

 

From what I understand, the L1 is similar to the K1 in that it is a non-immigrant visa with immigration intent, however designed for work rather than marriage. Would my getting married within a month of entering the US cause me any issues?

 

Would entering on an L1 be considered misrepresentation/visa fraud? The last thing I want to do is jeopardise my ability to stay in the US with my fiance. I know the adjustment of status is supposed to be "forgiving" for overstay, but I really don't want to mess it up.

 

I'm also considering getting legal advice; but I'm hoping there's someone here with experience or more expert knowledge than I can claim!

 

Thank you

[Hypnos 6,576]

An L-1 is considered dual intent, so you wouldn't have any issue entering on it, marrying, and then immediately filing for AoS, were you to receive the L-1 before your K-1.

[RambaCat 643]

Okay, thank you!

[s11 14]

Hi @RambaCat, 

I'm in a similar position. I'm waiting for my K-1 visa interview date and my company offered to file an L-1 visa for me or a leave of absence till the time I have my EAD (if I go with the K1) route.

 

I'm wondering which option did you choose? if you chose L1, did it affect the K1 visa application? 

[RambaCat 643]

4 hours ago, s11 said:

Hi @RambaCat, 

I'm in a similar position. I'm waiting for my K-1 visa interview date and my company offered to file an L-1 visa for me or a leave of absence till the time I have my EAD (if I go with the K1) route.

 

I'm wondering which option did you choose? if you chose L1, did it affect the K1 visa application? 

In the end, the company was too slow to get it's act together so I ended up staying with the K1.

 

From the sound if it you're just waiting on the interview; I think it's probably too late at this point for the L1 - you're probably better off continuing with the K1 and taking a leave of absence, if your company is willing to wait. Bear in mind that EADs are taking months to process.

[s11 14]

16 minutes ago, RambaCat said:

In the end, the company was too slow to get it's act together so I ended up staying with the K1.

 

From the sound if it you're just waiting on the interview; I think it's probably too late at this point for the L1 - you're probably better off continuing with the K1 and taking a leave of absence, if your company is willing to wait. Bear in mind that EADs are taking months to process.

ok thanks for clarifying. I understand the EAD waiting time. I have asked them about that. Let's see what they say! fingers crossed & thanks again for your answer