Transferring from an L1 visa to an IR-1 or K-3

[MancUSA 0]

I'm currently in the process of transferring from the UK to the US with my company on an L1a visa, likely to move in the next few months (I am a British citizen).

 

I am already married to a US citizen and we currently live together in the UK. We decided not to go for the IR-1 or K-3 visa straight away as it was going to take too long to process, so the L1 visa was a quicker way to move to the US. We would then look at trying to get a marriage visa once we're settled in the US. Is there a different process to transfer from an L1 visa to an IR-1/K-3, compared to if I was to apply for one from the UK, without an L1?

[Roel 7,192]

You cannot get a marriage visa (or any visa) from within US.  K3 visa is non-existing also.

 

You can't change status to IR1 visa also.

I don't know if L1 visa is dual intent, but if not then you cannot get there and adjust status also.  It dual intent is allowed, then the non-US spouse can apply for adjustment of status. Please read the guides.

[CheeseMonstah 87]

8 minutes ago, Roel said:

You cannot get a marriage visa (or any visa) from within US.  K3 visa is non-existing also.

 

You can't change status to IR1 visa also.

I don't know if L1 visa is dual intent, but if not then you cannot get there and adjust status also.  It dual intent is allowed, then the non-US spouse can apply for adjustment of status. Please read the guides.

It is. I adjusted from L1 to Marriage based green card.

[Boiler 45,794]

You just adjust in country, a Visa is an entry document and you will be here so not needed.

[Wuozopo 4,293]

You don't need a second visa to enter the US. Forget about IR-1. 

 

Your guide for when both spouses live in the US http://www.visajourney.com/content/i130guide2

[alol 23]

2 hours ago, MancUSA said:

I'm currently in the process of transferring from the UK to the US with my company on an L1a visa, likely to move in the next few months (I am a British citizen).

 

I am already married to a US citizen and we currently live together in the UK. We decided not to go for the IR-1 or K-3 visa straight away as it was going to take too long to process, so the L1 visa was a quicker way to move to the US. We would then look at trying to get a marriage visa once we're settled in the US. Is there a different process to transfer from an L1 visa to an IR-1/K-3, compared to if I was to apply for one from the UK, without an L1?

 

As others have noted, you'll be adjusting status directly to a Green Card, where the wait depends on the backlog at your local office. L1-A is 'dual intent' so you should be ok getting the visa and getting into the US. The advantage of an L1 is that if you're planning to stay with your employer long-term, you will be able to work throughout the adjustment process (which you should plan to take 12 - 18 months).

 

Have you looked at direct consular filing of an IR visa with the London Embassy instead of the L1? Given as you're already married and living together in the UK, it might be a relatively quick (and potentially cheaper) option for you to get your green card, which might be preferable if you want to shop around for new jobs once you get to the US.

[A&H2018 148]

As mentioned depends on your position and company. If you like the compnay let it move you and start your work then about 45 days in file i130 and i485, for AOS directly. Then about 2 months in go to your congressman and push for an expedite on your EAD/AP. In case something goes wrong after the move.

 

 

[MancUSA 0]

Thanks for all your responses. 

 

 

 

We’re looking at the L1 route as it will get us to the US quicker. Then we’re hoping that my employer can help me file for an IR-1, and potentially help us pay for it. This route will also mean that I can work and live in the US while waiting for the marriage visa to be approved. I just wanted to check that this was indeed the case, which sounds like it is as it’s a dual intent visa.

[Wuozopo 4,293]

7 hours ago, MancUSA said:

Thanks for all your responses. 

 

 

 

We’re looking at the L1 route as it will get us to the US quicker. Then we’re hoping that my employer can help me file for an IR-1, and potentially help us pay for it. This route will also mean that I can work and live in the US while waiting for the marriage visa to be approved. I just wanted to check that this was indeed the case, which sounds like it is as it’s a dual intent visa.

 

I don't understand why you think you need two visas. You either --

a) enter the US on L1 to work for your company with no permanent resident status (greencard). Because you are married to a US citizen, you can apply in the US to adjust status from a visa holder to permanent resident based on marriage to a US citizen. It may take a year to get the greencard because they are slow right now. 

 

b) apply for a spouse visa starting with your wife petitioning for you to the USCIS office in London. Known as Direct Consular Filing (DCF). In about four months you will have a spouse visa and the day you enter the US, you are a permanent resident.

The actual card will be mailed to you shortly. You can work for your company immediately or go find a new job anytime you want. You can apply for citizenship three years later.

 

B is the best way to go because it's fast, cheaper, and gets you immediate greencard status and faster citizenship. When you are a citizen, you can move back and forth anytime you choose.

Edited August 25, 2018 by Wuozopo

[Boiler 45,794]

38 minutes ago, Wuozopo said:

 

I don't understand why you think you need two visas. You either --

a) enter the US on L1 to work for your company with no permanent resident status (greencard). Because you are married to a US citizen, you can apply in the US to adjust status from a visa holder to permanent resident based on marriage to a US citizen. It may take a year to get the greencard because they are slow right now. 

 

b) apply for a spouse visa starting with your wife petitioning for you to the USCIS office in London. Known as Direct Consular Filing (DCF). In about four months you will have a spouse visa and the day you enter the US, you are a permanent resident.

The actual card will be mailed to you shortly. You can work for your company immediately or go find a new job anytime you want. You can apply for citizenship three years later.

 

B is the best way to go because it's fast, cheaper, and gets you immediate greencard status and faster citizenship. When you are a citizen, you can move back and forth anytime you choose.

Seconded

[MancUSA 0]

17 hours ago, Wuozopo said:

 

I don't understand why you think you need two visas. You either --

a) enter the US on L1 to work for your company with no permanent resident status (greencard). Because you are married to a US citizen, you can apply in the US to adjust status from a visa holder to permanent resident based on marriage to a US citizen. It may take a year to get the greencard because they are slow right now. 

 

b) apply for a spouse visa starting with your wife petitioning for you to the USCIS office in London. Known as Direct Consular Filing (DCF). In about four months you will have a spouse visa and the day you enter the US, you are a permanent resident.

The actual card will be mailed to you shortly. You can work for your company immediately or go find a new job anytime you want. You can apply for citizenship three years later.

 

B is the best way to go because it's fast, cheaper, and gets you immediate greencard status and faster citizenship. When you are a citizen, you can move back and forth anytime you choose.

This is really helpful, it’s just so hard to wade through the myriad of articles online to try to work out the best option!

 

I’d read that getting a spouse visa could take 9-12 months, which is why I thought that an L1 visa may be better.

 

In option (a), would the cost of adjusting status be the same as just going straight for a spouse visa in option (b)? I’m not worried about the cost of the L1 visa as the company will pay for that. The issue with going for a spouse visa straight away is that, from what I’ve read, it may take longer than an L1 and the company won’t pay for it. 

[Wuozopo 4,293]

5 hours ago, MancUSA said:

This is really helpful, it’s just so hard to wade through the myriad of articles online to try to work out the best option!

 

I’d read that getting a spouse visa could take 9-12 months, which is why I thought that an L1 visa may be better.

 

In option (a), would the cost of adjusting status be the same as just going straight for a spouse visa in option (b)? I’m not worried about the cost of the L1 visa as the company will pay for that. The issue with going for a spouse visa straight away is that, from what I’ve read, it may take longer than an L1 and the company won’t pay for it. 

You have the unique opportunity for DCF through USCIS London. The long times before getting a visa don't apply to you like most whose spouse lives in the US and starts through USCIS  Chicago lock box. Negotiate with your company to give you a pay bonus for saving them lots of money getting your visa. 

 

A) $1575

$0 L1 visa - paid for by company 

[enter US and work for your company as a visa holder]

Option to get a greencard (not a visa!) through wife. You pay:

$535 Petition 

$1225 adjustment of status packet

$350-ish medical exam

[wait about a year to become a permanent resident based on marriage to US citizen]

 

B) Spouse visa using DCF $1080 + £375 (exchange rate will vary)

$535 Spouse Petition (USCIS London office)

$325 visa fee (Embassy)

£45 police certificate (ACRO)

£330 medical (Knightsbridge) pay at the appointment

$30 or $0 (Courier) home delivery or pick up at depot

$220 Immigrant fee after you get the visa (USCIS ELIS)

[enter the US and you are a permanent resident the first day]

 

This is is where a DCF petition starts https://uk.usembassy.gov/embassy-consulates/government-agencies/dhs/uscis/i130filing-html/?_ga=2.60685677.1710076882.1535289683-1641113824.1489155735

They provide links to forms and a handy checklist for everything to include in the petition application.

 

You should review that process as an option. 

 

 

 

Edited August 26, 2018 by Wuozopo

[A&H2018 148]

Your company should not pay for the IR-1 visa. Nor should you want them to. IR-1 visa is dependent on your spouse not job or company. I sure as heck would not want a company lawyer getting all the AOS paperwork, evidences for i130 etc...

 

An L-1 is totally different the paperwork is strictly around your job history and career.

 

If the petition works do that, and do it for yourself since once you arrive you can switch jobs if you want and live wherever you want.

 

Lastly, lets be real you qualify for a L1 visa you CAN afford the paperwork on your own.

 

 

[Wuozopo 4,293]

Sorry, I need to correct the cost totals from above. 

 

A) doing L1 free but paying for your greencard yourself $2110. 

B) getting a spouse visa by DCF London $1080 + £375 which includes a greencard.

 

 

Edited August 27, 2018 by Wuozopo