K1 Almost finished, now possibility of L1B?

[Anna1988 5]

On 1/4/2019 at 6:23 PM, K & R said:

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.

I agree. Let them know that you have the Visa interview in two weeks. Sorry the company told you so late. I wouldn't think they'd have a problem

[Mike E 11,739]

L1: can immediately work. 

 

L1A: for managers and executives: can very quickly apply for and get a green card. 

 

L1B: for professionals. There is no direct or quick path to a green card. Must convert to H1-B. Depending on country of origin, wait for green card is a century.  

 

Since you’ve already decided to get married, entering the USA on an L1 visa seems very dicey.  Enter, get married a day later, do AOS. Hmmm. If a lawyer says so, do it. 

 

Otherwise, K-1 is a sure path to green card.  

[usmsbow 801]

14 hours ago, HKUSA said:

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:

 

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.

 

 

 

 

 

Interesting. My interpretation of that e-mail is: go for it. The last part is just covering his rear end in case things go awry. Remember, the writer is a diplomat ;).