filing I-130 or do Adjustment of status?

[Swap97 0]

Hello folks,

 I am confused about filing I-130 first or adjustment of status. My spouse is on LPR in California. I am in Canada and my company is applying for my L1B. My spouse wants to file I-130 for me but I am confused at this moment which way should I choose? Also, in the L1B DS-160 form, they asked has anyone ever filed a petition for you before, my L1B will approx take two months I guess. And my spouse does not want to waste time anymore. I am already late because of waiting for company L1B process. Now please guide me which step should I take first and what will be the best way ?

[Boiler 46,553]

It will take many years for you to immigrate as the spouse of a LPR

 

L is dual intent

[Swap97 0]

  On 3/24/2025 at 1:40 AM, Boiler said:

It will take many years for you to immigrate as the spouse of a LPR

 

L is dual intent

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So, according to your suggestion, L1B and adjustment of status would be the best option for this case?

 

[Boiler 46,553]

I didn’t make any suggestions 

[JeanneAdil 6,779]

You say "i am in Canada"  but are you a Canadian by birth ?

and if not ,  what is your country of birth?  

this makes a big difference 

[SalishSea 18,367]

  On 3/24/2025 at 1:46 AM, Swapnil Bodke said:

So, according to your suggestion, L1B and adjustment of status would be the best option for this case?

 

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No, you would not be eligible to do that.  Also:  it is immigration FRAUD for you to enter the US with the intent to immigrate.

[OldUser 8,457]

  On 3/24/2025 at 10:21 PM, SalishSea said:

No, you would not be eligible to do that.  Also:  it is immigration FRAUD for you to enter the US with the intent to immigrate.

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I believe L-1s are dual intent visas, just like H-1B. So shouldn't be an issue.

[Swap97 0]

  On 3/24/2025 at 2:15 AM, JeanneAdil said:

You say "i am in Canada"  but are you a Canadian by birth ?

and if not ,  what is your country of birth?  

this makes a big difference 

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My nationality is Indian, birth in India, currently on work permit in Canada

[pushbrk 13,296]

You'll be together much faster on a company arranged work visa than through family based immigration.  

  On 3/24/2025 at 1:40 AM, Boiler said:

It will take many years for you to immigrate as the spouse of a LPR

 

L is dual intent

Expand  

About four years for F2a from India.

[Ryan H 3,849]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of Permanent Residents to America forum.