L1 visa with I-13O in process

[Lucy1982 0]

Hi all,

 

I am the UK spouse of a USC citizen. We have an I-130 in process since February 2024, awaiting approval and the next stages of Consular Processing. We live in the UK and have been married for five years.

 

However, my company is advertising a one-year job transfer to the US on an L1 visa, starting in the next couple of months. Here are my questions:

 

1) If I was to receive this job transfer, can my company apply for my L1 visa while my I-130 is in process?

 

2) If I have to file an Adjustment of Status while in the US, how long does that take to be processed?

 

3) After the Adjustment of Status, what are the rest of the stages before the green card is received? Do I still file an I-864?

 

4) The job transfer is for only one year. Would this affect whether my green card is approved or not?

 

Many thanks for your time.

[mam521 2,238]

You can still come on an L1.  They are independent petitions.  

 

When you filed your I-130, I'm assuming you indicated you would be doing consular processing? 

 

Someone here can correct me if I'm wrong, but I don't believe you can do AOS unless you start over.  Your current petition so based on marriage to a US citizen.  If you were to come and attempt to adjust, it would have to be off of your work visa, so filing an I-140, waiting for it's approval, then filing the I-485, I-765, etc.  It will take longer than a year.  Many people are issued work authorization but still have a long road ahead before they receive an interview and then finally, the greencard.  If you leave it as is, you'll have to go back to the UK for your interview, but you're a few months away from I-130 approval and then the London consulate doesn't take long for interviews.  Hopefully you'd have your spousal based GC before your work term ended.  

 

No reason a spousal green card should be negatively impacted by a work visa.  

Edited 23 hours ago by mam521

[Lucy1982 0]

Thanks for your reply.

 

Yes, we put consular processing on I-130.

Oh ok. So even if our I-130 is approved while I'm in the US, I wouldn't be allowed to do AOS?

And I would be allowed to keep it as consular processing even though I'd be in the US on an L1?

[Boiler 46,226]

You could do either, ultimate win win

[Lucy1982 0]

Sorry, you’re saying we are allowed to do AOS after I-130 approval?

But either way, our consular processing would be preferable as it wouldn’t take as long?

[S2N 15]

2 hours ago, Lucy1982 said:

Sorry, you’re saying we are allowed to do AOS after I-130 approval?

But either way, our consular processing would be preferable as it wouldn’t take as long?

If you get an L-1 approved and enter the U.S. on it you can file an I-485 after arriving in the U.S.

 

If the I-130 is pending you send in an AOS package (I-485 and related forms) with the I-130 receipt as a cover.
 

If it’s approved and sent to NVC send them an email/upload a letter informing them of your intent to adjust status and send the I-485, etc. to USCIS.

Edited 19 hours ago by S2N

[Lucy1982 0]

Thank you @S2N which would be a quicker process to acquire the green card? Filing AOS or sticking with consular process (given our I-130 should be approved in the next few months)?

[S2N 15]

22 minutes ago, Lucy1982 said:

Thank you @S2N which would be a quicker process to acquire the green card? Filing AOS or sticking with consular process (given our I-130 should be approved in the next few months)?

Depends on your country and the embassy wait times.

L1 is a dual intent visa. You’re allowed to enter the U.S. with the intent of applying for a green card with it.

 

If it were me I’d wait to see if the L1 is approved first and if it is adjust once you’re here. There’s no disadvantage to you to letting someone sponsor you for an L1 as you can work while you’re here waiting for the AOS to process. If the I-130 is approved first and you get an IR-1 interview before an L1 is issued, obviously go for that

 

I’m assuming money isn’t a consideration here as IR-1 rather than AOS from L1 is cheaper.

[Boiler 46,226]

Probably simpler easier and cheaper to fly back and interview in London

[Lucy1982 0]

Thanks all. Yes, we're with London embassy @S2N so if we stuck with consular processing, we should receive green card by end of this year.

 

It sounds like AOS process would take at least a year from when we would arrive in the US in the next couple months. So perhaps consular processing is easier, especially given the job transfer is for one year?

 

Would I have to fly back for the medical as well? I wouldn't be allowed to do that in the US as I'm assuming no consular processing medicals can be in the US?

I also understood that we were supposed to show the embassy bona fides that we live together in the UK - would us moving to the US confuse that?

[Boiler 46,226]

There is no requirement to show that you live together 

 

Medical for Unk is done at just the one location