K1 Almost finished, now possibility of L1B?

[HKUSA 5]

So my fiance and I are in the final stages of a K1. Interview about 2 weeks, medical check, and paperwork all in order. Now out the blue her company HR said they'd like to transfer her the US and claim they can get a visa in under a month. I assume its a L1B and they must have a blanket petition as they are quite a large international firm with offices around the world.

 

So, now what is my worry. Yes the L1B is preferred since its a dual intent and allows her to work immediately but its not guaranteed. The K1 is hopefully a better shot but with months of not being able to work.

 

Can she have her HR process the L1B at the same time as we work on the K1 concurrently? I mean it will both go though the same embassy. I've searched and people say you can hold 2 visas but only enter under 1. We have just over 1 month until the flight back. I'm desperately searching for answers. Thanks

[dnyal 32]

I think you risk the consular agents seeing the whole applying for two visas very sketchy, like if one doesn’t work, the other will. If she decides not to attend the fiancée visa interview but rather go with the work visa, they will definitely ask her about her fiancée visa process. You requesting the cancellation of the whole K-1 process so she can go instead with the work visa could raise even more questions. If you get the K-1 visa approved, she could hold to it and go through the work visa process but they’ll notice she already has a fiancée visa and will question her about her intentions of marrying you, which would all look sketchy. See, work visas are always non-immigrant visas while K-1 visas, though technically non-immigrant visas too, denote immigration intent and so are treated as immigrant visas every step of the way. If she gets a K-1 (denoting immigration intent) and then tries to get a work visa (no immigration intent), the consular agent might refuse her the work visa because she’s expressed intent to immigrate to the US. Remember that consular agents adjudicate non-immigrant visas if the applicant has shown sufficient evidence that they have strong ties to their home countries.

I would advice you to go the fiancée visa way. She could get her EAD in about four to five months after arrival (if you go quick with the wedding and all of that). She might continue to work remotely for the company (one is allowed to work “from” the US if the company and business is not conducted in the US. That is she might telecommute for the foreign branch of her company and receive her paycheck back home and pay taxes back home, but she wouldn’t be able to become an employee of the American branch of the company without a green card or EAD).

[HKUSA 5]

2 minutes ago, dnyal said:

I think you risk the consular agents seeing the whole applying for two visas very sketchy, like if one doesn’t work, the other will. If she decides not to attend the fiancée visa interview but rather go with the work visa, they will definitely ask her about her fiancée visa process. You requesting the cancellation of the whole K-1 process so she can go instead with the work visa could raise even more questions. If you get the K-1 visa approved, she could hold to it and go through the work visa process but they’ll notice she already has a fiancée visa and will question her about her intentions of marrying you, which would all look sketchy. See, work visas are always non-immigrant visas while K-1 visas, though technically non-immigrant visas too, denote immigration intent and so are treated as immigrant visas every step of the way. If she gets a K-1 (denoting immigration intent) and then tries to get a work visa (no immigration intent), the consular agent might refuse her the work visa because she’s expressed intent to immigrate to the US. Remember that consular agents adjudicate non-immigrant visas if the applicant has shown sufficient evidence that they have strong ties to their home countries.

 

I was under the impression that the L1B is dual intent? Thus we could just outright state that we intend to marry and Adjust status.

[dnyal 32]

Just now, HKUSA said:

I was under the impression that the L1B is dual intent? Thus we could just outright state that we intend to marry and Adjust status.

Yes, sorry, you’re right. But that is if the visa she might be offered by her employer is an L visa. In that case, the desicion might come down to what you think is best to do. Either way, she will be questioned about the other visa she was already processing. If she really prefers to continue working, I would suggest to get the fiancée visa and then continue the process for the L visa. See, if you put the fiancée visa on hold and go with the work visa, then there is a chance that she could have that visa denied (for any reason) and then coming back to the fiancée visa could make the consular agent question the authenticity of the relationship (eg, ‘ditching’ the fiancée visa process in favor of a ‘work’ visa, as if she’s more interested in her job than in a marriage). 

On the contrary, if she gets the fiancée visa, she would have 6 months to travel to the US, so she could undergo the L visa process. When asked about why she’s applying for an L visa having already a K visa, she could explain that she does want to marry, but she was presented with the opportunity to work soon after arrival with an L visa, whereas the fiancée visa wouldn’t allow her to work for several months.

It’s all a matter of optics as consular agents are trained to be very skeptic of anything.

[Limey 551]

The advantages of the L1B route are that its quick and she can work immediately. Plus she'll have a job when she enters the US, rather than having to look for one in a few months when her employment authorization comes through (assuming her company won't let her take a sabbatical of a few months, then give her a job in the USA).

 

I don't see that it will look suspicious to USCIS. L1Bs are from big international companies - they don't typically give them out for scam marriages etc. If the issue did arise, you'd explain it exactly as you did here. Any immigration employee would understand why you made a decision to switch to a different visa. The fact that you'd do it when K1 has already progressed to NOA2 suggests that you're not doing it because you have concerns about getting k1.

 

I'm not sure she could get two visas concurrently however. Normally if (eg) you get a k1, it revokes a tourist visa, so I assume something similar would happen here.

 

Once she is in the USA on a L1B you can get married and apply to adjust status. She can work the entire time as her L1B will remain valid. Main risk I see is that if she lost her job, her L1B would end. If that happened before you were married and adjusting status, it could be a bit messy, but other people get married on tourist visas etc and manage it.

 

Personally I'd speak to an immigration lawyer about this. I think the advantages of the L1B route are too good to just dismiss without talking to an expert.

Edited January 4, 2019 by Limey

[Lebanese23 303]

L1 is a non-immigrant visa. If you do enter the country with an L visa, you should not get married immediately. By applying you're essentially saying "I know I can only stay here for a short time; I promise I'll leave when it expires. When you request adjustment of status, it will be clear to anybody looking at the situation that you traveled to the US with the preconceived intent to immigrate.

The K1 visa leads directly to an immigrant status after marriage. This is your safe house here.

These 2 visas contradict each other and if I were you i'd stick to the K1, and once she enters the US, get married right away and file AOS/EAD/AP soon after. Although EAD is taking a while now, since she technically has a job offer, she can get an offer letter from her company to expedite her EAD(which has worked) or the other option to get her expedite EAD is financial loss on your end. That's the best advise I can give you. don't play around with it.

Edited January 4, 2019 by Lebanese23

[K & R 343]

If I were you I’d finish the k-1 route, get her here and marry and apply for AOS, EAD (work permit) and AP ASAP. Then I would file an expedite for the work permit for the job with her current company. You’d just have to make sure that her company will be willing to do it that way.

[Boiler 45,522]

18 hours ago, HKUSA said:

So my fiance and I are in the final stages of a K1. Interview about 2 weeks, medical check, and paperwork all in order. Now out the blue her company HR said they'd like to transfer her the US and claim they can get a visa in under a month. I assume its a L1B and they must have a blanket petition as they are quite a large international firm with offices around the world.

 

So, now what is my worry. Yes the L1B is preferred since its a dual intent and allows her to work immediately but its not guaranteed. The K1 is hopefully a better shot but with months of not being able to work.

 

Can she have her HR process the L1B at the same time as we work on the K1 concurrently? I mean it will both go though the same embassy. I've searched and people say you can hold 2 visas but only enter under 1. We have just over 1 month until the flight back. I'm desperately searching for answers. Thanks

Not sure how much people on here know about a L.

 

Now the timing could have been better, the main advantage of the L is that you can keep on working, and travelling. Once in the US you can file to adjust status so you will not need your Employer to petition, they could.

 

With a Company move hopefully they may pick up some of the costs.

 

I would delay the K, you never know after all and see if the L goes through.

[usmsbow 801]

19 hours ago, HKUSA said:

So my fiance and I are in the final stages of a K1. Interview about 2 weeks, medical check, and paperwork all in order. Now out the blue her company HR said they'd like to transfer her the US and claim they can get a visa in under a month. I assume its a L1B and they must have a blanket petition as they are quite a large international firm with offices around the world.

 

So, now what is my worry. Yes the L1B is preferred since its a dual intent and allows her to work immediately but its not guaranteed. The K1 is hopefully a better shot but with months of not being able to work.

 

Can she have her HR process the L1B at the same time as we work on the K1 concurrently? I mean it will both go though the same embassy. I've searched and people say you can hold 2 visas but only enter under 1. We have just over 1 month until the flight back. I'm desperately searching for answers. Thanks

 

I agree with Boiler: see if she can re-schedule the K1 interview for a later date (basically to serve a a back-up to the L1B). Only go forward with the K-1 if the L1B doesn't pan out.

 

I wouldn't worry about the fears a couple other people brought up. If she were to move here on a L1B, then you two got married and she AOS'd, I really, really doubt she'd have any problems doing so. 

[geowrian 22,337]

2 hours ago, Lebanese23 said:

L1 is a non-immigrant visa. If you do enter the country with an L visa, you should not get married immediately. By applying you're essentially saying "I know I can only stay here for a short time; I promise I'll leave when it expires. When you request adjustment of status, it will be clear to anybody looking at the situation that you traveled to the US with the preconceived intent to immigrate.

The K1 visa leads directly to an immigrant status after marriage. This is your safe house here.

An L-1 visa, unlike most non-immigrant visas, does not require non-immigrant intent. While it's not like a K-1 where it is implied that you do intend to immigrate, is is still a dual-intent visa. There's no issue using an L-1 to enter, marry, then AOS. It won't be held against you for doing so.

[SteveInBoston 42]

Hi,

 

First, you mentioned that you assume it's a L1B - can you confirm?  Second, where will be be relocated?  If not to your town/city, are you going to move to be with her?

 

 

[Lebanese23 303]

4 hours ago, geowrian said:

An L-1 visa, unlike most non-immigrant visas, does not require non-immigrant intent. While it's not like a K-1 where it is implied that you do intend to immigrate, is is still a dual-intent visa. There's no issue using an L-1 to enter, marry, then AOS. It won't be held against you for doing so.

I still wouldn’t risk giving up the k1 at their stage. An L1 isn’t always guaranteed from what I hear. As I said before, she already has a job offer so she can use that to expediate her EAD after they apply for AOS. In the end, you will have to petition her, her job isn’t gonna keep her here for long, you are. Best of luck in whatever you decide!

[Limey 551]

On 1/5/2019 at 12:45 AM, Lebanese23 said:

I still wouldn’t risk giving up the k1 at their stage. An L1 isn’t always guaranteed from what I hear. 

Nothing is guaranteed, including k1.

[HKUSA 5]

Well thx everyone for your input. To update it is a L1B the company can get but I emailed a few embassies to get some different inputs but most said to ask attorney or can't help. One reply though was intresting:

 

Quote

 

Sir:

She should pursue L1B blanket petition nonetheless.

But, and this is a big but: she must enter on a K-1 or L1 visa. In other words, she cannot, say, enter on L1 and then still hope to adjust status from K-1 to lawful permanent resident.

The benefit of the L1B is of course that she can start working the day after entering the United States.  On a K-1 she cannot work/study, etc. until such time as her adjustment of status application I-130/I-485 is finished, i.e. after you marry her within 90 days.  She can adjust status from L1B too, but it’s a bit risky in my opinion, especially as regulations have changed and USCIS might disapprove an I-130/I-485 filed within 90 days of entering on L1B.

 

Sincerely,

 

Robin Busse

Deputy Consular Section Chief/Visa Chief

U.S. Embassy Kuwait

 

Which is weirdly contradictory, first he says go for it, but then says its too risky. lol. But his input I think holds some weight seeing as he's the Visa Chief. He's got the last say at that embassy.

So I'm leaning toward just finishing the K1. At the end of the day it becomes a grey area and all it takes is one USCIS adjudicator having a bad day and denying the AoS to ruin everything. To top it all off we wouldn't even get that rejection for over a year. Way too late to do anything else except leave and file a 130 and start all over.

 

Thanks all. Hopefully someone in the future finds this insightful.

 

 

 

 

[geowrian 22,337]

7 minutes ago, HKUSA said:

But, and this is a big but: she must enter on a K-1 or L1 visa. In other words, she cannot, say, enter on L1 and then still hope to adjust status from K-1 to lawful permanent resident.

Translation: "She can't enter on an L1 and AOS on the basis of the K-1".

Well...that's obviously correct. She would AOS on the basis of being the spouse of a USC, not a K-1 holder who married their petitioner. It's a different checkmark on the I-485 and an I-130 is needed if doing AOS from L1 vs K-1.

 

Quote

The benefit of the L1B is of course that she can start working the day after entering the United States.

Bingo.

 

Quote

On a K-1 she cannot work/study, etc. until such time as her adjustment of status application I-130/I-485 is finished, i.e. after you marry her within 90 days.

No I-130 needed for a K-1 holder who marries within 90 days. No idea why he mentioned that with regard to the K-1...

 

Quote

She can adjust status from L1B too, but it’s a bit risky in my opinion, especially as regulations have changed and USCIS might disapprove an I-130/I-485 filed within 90 days of entering on L1B.

Intent is established at POE. There is no 90 day rule for AOS. He should know better.

Edited January 8, 2019 by geowrian