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Posted (edited)
50 minutes ago, Boiler said:

They is no requirement for a L2 to live in the US, they are not permanent residents.

You are supposed to use a visa for the correct purpose for which it is issued, L2 is for residing with L1, if they are just visiting on short trips they should be using VWP. Anyway up to CBP to figure that one out when they land.

 

It also may or may not be an issue regarding them adjusting status. L are dual intent but I don’t think that is supposed to cover  intent to enter only to adjust which is implied to be the case here. Again, something the interviewing officer will figure out during interview. 

Edited by SusieQQQ
Filed: K-1 Visa Country: Wales
Timeline
Posted

Well I think this may be one of those where we need to agree to disagree.

 

There is no requirement for a L of any sort to reside in the US. Seems the appropriate one to use which is why I checked that they were not using the VWP.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
Just now, Boiler said:

Well I think this may be one of those where we need to agree to disagree.

 

There is no requirement for a L of any sort to reside in the US. Seems the appropriate one to use which is why I checked that they were not using the VWP.

I agree with your viewpoint and did check with a visa attorney. There is no requirement of any type to reside in the US. My L1-A was used to come back and forth for 3 years and I never had a CBP issue. The same is true of the derivative visa from this class.

They need time to close down their UK affairs, which is what they are doing. Back and forth is 100% a valid. Once the EAD's arrive for them, they will be on US soil full time and working.

 

Again, thanks to all for answering. I am sure lot of other will find all the replies helpful in the future.

Posted
Just now, SusieQQQ said:

I’m confused. If you are about to adjust status, why do they need EADs? Are they not also getting green cards as your derivatives? 

Yes they however no one is sure how long that will take. It could take another year I am being told. Seems everything can be very random on when things happen depending on local field office etc.

As stated in my first message my PD should be valid when the next visa bulletin is published. That is why started the thread asking about next steps, just trying to line everything up, be prepared and see if I can save a little cash, as I am sure you aware, this is an expensive project

 
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