K-1 and L-1

[silvertruck 20]

My fiance (US petitioner) and I (alien beneficiary) are almost complete with our K-1 requirements and is ready to submit the K-1 packet by next week.

However, my employer recently notified me to apply for an L-1 visa as I might be needed by our client in the US.

We're thinking to go ahead with our K-1 submission as previously planned, but with the L-1 might complicate some things:

 

1. Is it advisable to submit the K-1 first, then apply for L-1? Or the other way around?

2. If we decide to submit K-1 first, then at the time of my L-1 application, there would reflect a pending K-1 petition for me. Would it affect my L-1 application?

3. Say I got the L-1 approved then entered the US using L-1, with the K-1 still pending...can we get married in the US (as my work assignment might be long-term), then abandon our K-1 application, then just have an AOS from L-1 to Green Card? Would it raise any red flags?

Edited May 6, 2019 by silvertruck

[USS_Voyager 1,972]

1 minute ago, silvertruck said:

My fiance (US petitioner) and I (alien beneficiary) are almost complete with our K-1 requirements and is ready to submit the K-1 packet by next week.

However, my employer recently notified me to apply for an L-1 visa as I might be needed by our client in the US.

We're thinking to go ahead with our K-1 submission as previously planned, but with the L-1 might complicate some things:

 

1. Is it advisable to submit the K-1 first, then apply for L-1? Or the other way around?

2. If we decide to submit K-1 first, then at the time of my L-1 application, there would reflect a pending K-1 petition for me. Would it affect my L-1 application?

3. Say I got the L-1 approved then entered the US using L-1, with the K-1 still pending...can we get married in the US (as my work assignment might be long-term), then abandon our K-1 application, then just have an AOS from K-1 to Green Card? Would it raise any red flags?

1. It doesn't matter. L-1 is a dual-intent visa. You are allowed to have immigration intent on L-1

2. No affect. The L-1 will be based on the merit of your work case, nothing else. 

3. Yes, that would be the way to do it. The advantage of doing that is you are authorized to work for your L-1 employer while you're waiting for AOS to approve. The #1 disadvantage of K-1 that people complain the most about is the inability to work while they wait for EAD/AP. For some, it takes 6-8 months, even longer for others. So the ability to work immediately after you land on L-1 is a big plus (note: you still only are able to work for your L-1 employer, not anyone else). Another side benefit is your L-1 status and visa will allow you to travel and return to the US without abandoning your AOS, before your AP is approved.  Again, if you come on K-1, it will take 6-8 months or even longer to be able to do that. 

[silvertruck 20]

11 minutes ago, USS_Voyager said:

1. It doesn't matter. L-1 is a dual-intent visa. You are allowed to have immigration intent on L-1

2. No affect. The L-1 will be based on the merit of your work case, nothing else. 

3. Yes, that would be the way to do it. The advantage of doing that is you are authorized to work for your L-1 employer while you're waiting for AOS to approve. The #1 disadvantage of K-1 that people complain the most about is the inability to work while they wait for EAD/AP. For some, it takes 6-8 months, even longer for others. So the ability to work immediately after you land on L-1 is a big plus (note: you still only are able to work for your L-1 employer, not anyone else). Another side benefit is your L-1 status and visa will allow you to travel and return to the US without abandoning your AOS, before your AP is approved.  Again, if you come on K-1, it will take 6-8 months or even longer to be able to do that. 

Oh that's nice! Was actually getting paranoid as I might be flagged with misrepresentation with having K-1 and L-1 simultaneously. But then again, it isn't my fault - it just so happens my employer would need me in the US to work, at almost the same time with my "personal" plan to immigrate via the fiance visa.

 

And I think, come interview at AOS it would be less difficult to prove our good intention with this scenario. Yeah, the IO might scrutinize it more but as long as we can explain all that has happened was done in good faith, then we'll be fine...hopefully.

[ourjourney_pc 118]

submit L1, save the $535

[USS_Voyager 1,972]

42 minutes ago, silvertruck said:

Oh that's nice! Was actually getting paranoid as I might be flagged with misrepresentation with having K-1 and L-1 simultaneously. But then again, it isn't my fault - it just so happens my employer would need me in the US to work, at almost the same time with my "personal" plan to immigrate via the fiance visa.

 

And I think, come interview at AOS it would be less difficult to prove our good intention with this scenario. Yeah, the IO might scrutinize it more but as long as we can explain all that has happened was done in good faith, then we'll be fine...hopefully.

Right. It's all good. The AOS will focus on your relationship. Just bring lots of evidence of a bona fide relationship. That's a long way down the road though. 

[NikLR 13,230]

L1 all the way.  Faster. Dual intent. Ability to work.  

[silvertruck 20]

Thanks for all the replies. Yes, it seems L-1 is more cost-saving and convenient, but I think we would still push through the K-1 submission as a failover plan. In case the L-1 application got denied or my work assignment would be cut short. At least we still have the K-1 ongoing without wasting processing time (our planned wedding date is Q1 2020). Agree the $535 fee may just go down the drain, but that's the uncertainty of the future, and a risk we're willing to take.

 

 

[Boiler 45,756]

L1 is free to you and the company picks up your relocation costs, seems a no brainer.

[carmel34 3,646]

5 hours ago, silvertruck said:

our planned wedding date is Q1 2020

A word of advice:  don't put down any non-refundable deposits on wedding venues or anything like that until you have the visa in hand, whichever one you get.  Make sure you build flexibility into your planning, just in case there are delays in getting a visa.  Good luck!

[Boiler 45,756]

L1 is pretty quick.