K3 filing when having valid L1

[sjoy81 0]

Hello,

I will be marrying a US citizen in Jan 2008 in india and my husband plans to apply for the K3 visa after that. I currently hold a L1 which is valid till Aug 2008. My company has an opportunity for me at our US office, and I plan to start that assignment sometime early Feb 2008 after marriage.

My questions

1) Will there be issues in filing for the K3 if I am in US on another Visa

If no as i understand I will have to come back to India once I receive the packet(in India) to complete my K3 processing, right?

2) When I go for my K3 visa interview will having an L1 affect my K3 in anyway

3) Will my L1 become invalid when I get the K3?

Thanks

Sjoy

Edited October 15, 2007 by sjoy81

[pushbrk 12,908]

Hello,

I will be marrying a US citizen in Jan 2008 in india and my husband plans to apply for the K3 visa after that. I currently hold a L1 which is valid till Aug 2008. My company has an opportunity for me at our US office, and I plan to start that assignment sometime early Feb 2008 after marriage.

My questions

1) Will there be issues in filing for the K3 if I am in US on another Visa

If no as i understand I will have to come back to India once I receive the packet(in India) to complete my K3 processing, right?

2) When I go for my K3 visa interview will having an L1 affect my K3 in anyway

3) Will my L1 become invalid when I get the K3?

Thanks

Sjoy

You might wish to consult a qualified immigration attorney but my take is that you would simply use the L1 visa to enter the US and then file to adjust status to permanent resident based on your marriage to a US Citizen. Unlike a tourist visa, the L1 is a dual intent visa that allows adjustment of status. During the AOS process, your L1 remains valid but once you complete AOS and have a green card, your L1 becomes irrelevant.

Regardless, you don't want a K3 visa.

Edited October 15, 2007 by pushbrk

[sjoy81 0]

Hello,

I will be marrying a US citizen in Jan 2008 in india and my husband plans to apply for the K3 visa after that. I currently hold a L1 which is valid till Aug 2008. My company has an opportunity for me at our US office, and I plan to start that assignment sometime early Feb 2008 after marriage.

My questions

1) Will there be issues in filing for the K3 if I am in US on another Visa

If no as i understand I will have to come back to India once I receive the packet(in India) to complete my K3 processing, right?

2) When I go for my K3 visa interview will having an L1 affect my K3 in anyway

3) Will my L1 become invalid when I get the K3?

Thanks

Sjoy

You might wish to consult a qualified immigration attorney but my take is that you would simply use the L1 visa to enter the US and then file to adjust status to permanent resident based on your marriage to a US Citizen. Unlike a tourist visa, the L1 is a dual intent visa that allows adjustment of status. During the AOS process, your L1 remains valid but once you complete AOS and have a green card, your L1 becomes irrelevant.

Regardless, you don't want a K3 visa.

Thanks, I did some reasearch and it looks like i can file for adjustment of status I-485 along with the I-130. I also read that that even if my L1 expires when my adjustment of status is pending I can stay in the country.

[C and J 1]

Thanks, I did some reasearch and it looks like i can file for adjustment of status I-485 along with the I-130. I also read that that even if my L1 expires when my adjustment of status is pending I can stay in the country.

You can stay in the US while adjusting status. However, I believe if you leave the US when your L1 has expired and before you receive your green card, you will have to start the process from scratch and file the I130 again from your home country.

So please ensure not to make any trips abroad between the expiry of the L1 and the issuance of the green card.

Edited October 16, 2007 by C and J