TN and L1 visa question

[thestas 0]

Hi there, 

 

I was wondering if someone could answer this question for me, I think it's going to sound pretty dumb but here goes. My Fiancé has moved to NYC on a TN visa and I am now trying to join her and we are looking at different options. I was wondering if it would be possible for her to change her TN visa to a L1 as she was transferred from the UK to NYC and I could be listed as a dependent. Our goal is the ability for the both of us to work and I own my own business in the UK which I am going to expand to the US as result of this move. Alternatively, I was looking at the E2 visa for my self and I hold both a Canadian and British passport.

 

Thanks in advance, 

Stas

 

[igoyougoduke 1,656]

Yes she can change to L1. L1 allows you to file for green card incase in future you wants to apply for green card. E-2 is also a non immigrant visa. Her best option is H1b or L1 if you choose to immigrate to US in future via green card application 

[SusieQQQ 11,586]

You can’t be a dependent of anything as a fiancé.

[Lucky2Lucky 2,526]

You need to marry. A fiancé has no relation.

[Just Paul 4,595]

46 minutes ago, thestas said:

I was wondering if it would be possible for her to change her TN visa to a L1 as she was transferred from the UK to NYC and I could be listed as a dependent.

If you married yes - but It also note L1s may become impaired in the next few days with a new Executive Order.  Getting married makes a lot of sense since you can travel into the US Visa Free on your Canadian Passport or with ESTA on the British.

[wagecuck3 31]

Your fiancé would not qualify automatically for L-1 status. Her employer must make the decision to petition USCIS, and they must demonstrate that she was employed for them abroad for at least 1 year continuously and that she possesses specialized knowledge about the business. The good news is that if she does qualify, she can get her L-1 status approved in 15 days, assuming her employer forks up the Premium Processing fee (she can also offer to pay the PP fee herself).

 

If she has L-1 status and you are already married, then you can enter the US as her dependent in L-2 status. You should use your Canadian passport for this, since L-2 visas are not being issued right now due to the executive order. You can apply for a work permit once you are in the US in L-2 status, but this will take 3-5 months and you can't do any work during that period of time.

 

If you decide on the E-2 route instead, you will need a visa (even with your Canadian passport), which would mean you would need to wait for consulates to re-open for routine visa services. I have no idea when that will happen.