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vanessaandbrent

L1 vs a existing K1 application

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Filed: AOS (pnd) Country: Australia
Timeline

I work for a global company where I have a potential for getting a sponsored L1 visa (fairly easy to apply for AOS after marriage). No jobs have come up in our set time frame that would work, so we have decided to go down the K1 road.

If a job becomes available that entitles me to the intercompany transfer L1 while my K1 is in process, is that a problem? Does one negate the other?

Anyone with a similar experience?

AOS Timeline

April 18, 2008 Civil Wedding at the courthouse

April 25. 2008 AOS packet sent to Chicago

April 29, 2008 AOS packet delivered

May 5, 2008 Receipt date for I-485, I-765 & I-131

May 9, 2008 NOA's & Biometrics Appointment letter received

May 28, 2008 Biometrics appointment

June 6, 2008 Case transferred to CSC

July 8, 2008 AP Approved

July 14, 2008 EAD Approved

October 10, 2008 I-485 Approved

October 14, 2008 Green card received

I-129F Timeline

Sept 13, 2007 I-129F sent to VSC

Sept 15, 2007 I-129F received at VSC at 2:32pm

Sept 17, 2007 NOA1 Receipt

Jan 25, 2008 NOA2 Receipt

Jan 31, 2008 NVC received approved petition from USCIS, VT

Feb 4, 2008 NVC letter received with new case number & Petition forwarded to San Jose, Costa Rica

Feb 7, 2008 DHL package signed for by R MORA at San Jose Embassy

Mar 5, 2008 Picked up packet & scheduled interview for Mar 14th

Mar 7, 2008 Blood work & Xray medicals complete

Mar 10, 2008 Physical & vaccinations complete

Mar 14, 2008 Interview - receive 221(g) for missing Single certificate for Costa Rica

Mar 26, 2008 Pick up completed Single Cert from the Registro Civil & deliver to Embassy

Apr 2, 2008 Deliver Australian Single status cert to Embassy

Apr 8, 2008 Approved!! Visa in hand same day :)

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I work for a global company where I have a potential for getting a sponsored L1 visa (fairly easy to apply for AOS after marriage). No jobs have come up in our set time frame that would work, so we have decided to go down the K1 road.

If a job becomes available that entitles me to the intercompany transfer L1 while my K1 is in process, is that a problem? Does one negate the other?

Anyone with a similar experience?

You should be fine switching visas if the option becomes available. L-1 is dual intent so you can apply for a green card on that visa. That is if you can get an L-1 before your K-1 is granted. I'm not quite sure how they would handle it after the K-1 visa has been granted. You may have to talk to the consulate to void your K-1 if your going to use L-1 instead.

Edited by Dan + Gemvita

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Read up on it. We had looked into this (and decided against it because we weren't sure if we'd get the L-1 in time for him to travel here for the wedding), and one of the things I remember is that you can't switch from a K-1 to an L-1. That's in the instructions on the L-1. I am not certain, however, what that means practically: whether you can't switch once you're in the U.S. having used your K-1, or whether you can't switch beforehand, or whether you can't switch without formally canceling the K-1.

And I don't know if there would be a problem cancelling a fiance visa in process to go for an L-1. I suspect not, but you might want to run this by an attorney. The L-1 is great if you can get it, though. Dual intent, very easy to get.

AOS

-

Filed: 8/1/07

NOA1:9/7/07

Biometrics: 9/28/07

EAD/AP: 10/17/07

EAD card ordered again (who knows, maybe we got the two-fer deal): 10/23/-7

Transferred to CSC: 10/26/07

Approved: 11/21/07

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