Don't want to be done for fraud....

[Mainer1985 0]

Hi,

I'm an American citizen with a UK fiancé. Our wedding is planned for next August. He currently works for a US-based company in the UK, and has recently requested a transfer to their head office in the US.

We have been looking into ways to get him a visa that would be both easy for the company (as they would be more likely to approve the transfer!) and for us (by getting him into the country sooner than the 90 days the Fiancé Visa allows).

So, I have recently discovered the L1 Visa. At the moment, for getting his transfer, this seems to be perfect. But, we are worried that this would come across as trying to mislead and hiding our intentions of getting married and settling permanently in the US. So, really my questions is, would this be a foolish thing to do? How in depth would they look if we were to adjust his status (like, would they research and check that we had our wedding venue booked before he applied for his L1 visa, or something similar)? Would an H-visa be a better option, and if so, does anyone know how much hassle/cost is involved for the company with that?

Thank you all in advance for your help!

[familyguy 2]

L1 is a NON IMMIGRANT visa.

If as stated your intention is for the pair of you to marry and for him to then reside permanently in the USA with you, then you should go the K 1 route.

[furiousng 2]

Hi,

I'm an American citizen with a UK fiancé. Our wedding is planned for next August. He currently works for a US-based company in the UK, and has recently requested a transfer to their head office in the US.

We have been looking into ways to get him a visa that would be both easy for the company (as they would be more likely to approve the transfer!) and for us (by getting him into the country sooner than the 90 days the Fiancé Visa allows).

So, I have recently discovered the L1 Visa. At the moment, for getting his transfer, this seems to be perfect. But, we are worried that this would come across as trying to mislead and hiding our intentions of getting married and settling permanently in the US. So, really my questions is, would this be a foolish thing to do? How in depth would they look if we were to adjust his status (like, would they research and check that we had our wedding venue booked before he applied for his L1 visa, or something similar)? Would an H-visa be a better option, and if so, does anyone know how much hassle/cost is involved for the company with that?

Thank you all in advance for your help!

Both L1 and H1 are dual intent NIVs so he can use them if he is approved for them to adjust status when he gets to the US. Good luck!

Edited August 5, 2009 by furiousng

[EstebanTrabajos 7]

So, really my questions is, would this be a foolish thing to do? How in depth would they look if we were to adjust his status (like, would they research and check that we had our wedding venue booked before he applied for his L1 visa, or something similar)? Would an H-visa be a better option, and if so, does anyone know how much hassle/cost is involved for the company with that?

Thank you all in advance for your help!

Answer: YES

You are planning to commit fraud, L1 visa is not a fiance's visa, is 90 days a lot of time to wait?

you choice:

1) Apply for a fiance's visa, enter the country with a clear conscience and get married

or

2) Apply for L1, enter the US, get married, and during the interview process USCIS finds out that you had full knowledge and plans to get married before applying for the L1/H1, which will result in a denial and banning for a couple of years for trying to fool the US immigration system...

Your pick...

Edited August 5, 2009 by TävôLuDô

[EstebanTrabajos 7]

Both L1 and H1 are dual intent NIVs so he can use them if he is approved for them to adjust status when he gets to the US. Good luck!

L1 and H1 visas are non-immigrant visas

"An 'L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non immigrant visa, and is valid for a relatively short amount of time"

"The H-1B is a non-immigrant visa in the United States under the Immigration & Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations"

He can use them as long as he wasn't planning to get married before applying for either visa, he is trying to fool the system if he has prior knowledge of an upcoming marriage to a US citizen.

[Hannah+Vito 0]

I am confussed at the comment about having to wait 90 days? Many who apply for k1 have to wait around the 6 month mark or so to have visa in had, I have never heard of it coming in 90 days. You have to marry within 90 days of using the visa, is that what you mean or are you refering to applying for work autherisation after because that is quoted officially at 90 days.

[Chica Yeyé 41]

Hi,

I'm an American citizen with a UK fiancé. Our wedding is planned for next August. He currently works for a US-based company in the UK, and has recently requested a transfer to their head office in the US.

We have been looking into ways to get him a visa that would be both easy for the company (as they would be more likely to approve the transfer!) and for us (by getting him into the country sooner than the 90 days the Fiancé Visa allows).

So, I have recently discovered the L1 Visa. At the moment, for getting his transfer, this seems to be perfect. But, we are worried that this would come across as trying to mislead and hiding our intentions of getting married and settling permanently in the US. So, really my questions is, would this be a foolish thing to do? How in depth would they look if we were to adjust his status (like, would they research and check that we had our wedding venue booked before he applied for his L1 visa, or something similar)? Would an H-visa be a better option, and if so, does anyone know how much hassle/cost is involved for the company with that?

Thank you all in advance for your help!

and you should be worried... since you already posted on an internet public forum that such is your intention. Options:

1.- Apply for K-1 fiancee visa

2.- Fly there, marry and apply for CR-1 visa.

3.- Play Lone Ranger, move to the US, get married, and have to prove you were not trying to commit fraud.

Like Tavo said, your pick.

[Mainer1985 0]

We want to make sure we're doing this the right way, but we want to get him over (and working) as soon as possible. The initial plan was for me to head back to the US in the late spring, and he would come over in July, before the wedding, which would have been just a couple months apart. It would have sucked, but it would have been do-able. But, my UK visa expires mid-October, so I now need to go back to the States then. We don't really fancy spending the 10 months leading up to our wedding in different countries. Again, do-able, if necessary, but we would really rather not have to spend so much time apart. Especially when we're trying to plan our wedding!

With these replies, and some of my own research, I'm getting a bit confused, as from what I've found, H-1 and L category visas are considered to have dual intent, as "Currently, only E, H-1, and L visa holders may pursue permanent residence while maintaining their nonimmigrant status. E, H-1, and L visas are all employment based visas."

I mean, we are obviously getting married, but we also do want his transfer to go through quickly, as well. If we were to go via the K-1 visa, he would not be able to work until after the wedding, and this might make his company reluctant to transfer him if they need/want him there sooner. So, we're not looking at the L or H visa as a way to NOT have to apply for the K-1 visa, but rather as a way to allow him to transfer to the US with his work as soon as he can. It just seems silly that if he has a genuine job offer, he couldn't take it up because we are also planning on marrying and most likely settling in the US.

And, I would appreciate hearing from people just how long their k-1 visa application actually took. It's all well and good reading whatever you can find online, but how long did it truly take? If we were to get the application in by early September, is there a good chance it would be all set and ready to go by our August 21, 2010 d-day??

[Mainer1985 0]

and you should be worried... since you already posted on an internet public forum that such is your intention.

But, I haven't given any personal details, either in posts or in registration, beyond email. Which is easy to change if necessary.

[Twisted K 2]

Since you are already in the UK, depending on how long you have been there, and if you have a resident standing, you could get married there and do direct consular filing (DCF) which would get him here faster, get him his green card faster, which means he can work faster. this is a good first option.

2nd option, you can get married there, fly back to the USA and file for CR1 which will also get him his green card faster, thus being able to work immediately, most likely within 7-8 months to total completion, given there are no request for additional evidence (rfe).

3rd option you can apply for the K1, which I think you were getting the 90 day stipulation, is that is what the government allows for you to get married within the USA.

4th option, you can take your chances and apply for another visa like the L1 and pray to God that they do not find he has an American fiance. you would be surprised just how much big brother knows about his little brothers and sisters.

good luck in your decision, and welcome to visajourney

[Chica Yeyé 41]

and you should be worried... since you already posted on an internet public forum that such is your intention.

But, I haven't given any personal details, either in posts or in registration, beyond email. Which is easy to change if necessary.

Uh, ok.... just so that you know... saying things like that is against VJ's Terms of Service. Planning to hoodwink USCIS is not a good thing. At all.

[payxibka 10,045]

It is important to understand the doctrine of dual intent:

Every alien (other than a nonimmigrant described in subparagraph (H)(i) or [L] of Section 101(a)(15)) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15).

No hoodwinking as an L visa applicant CAN have immigrant intent.

Edited August 5, 2009 by payxibka

[Mainer1985 0]

and you should be worried... since you already posted on an internet public forum that such is your intention.

But, I haven't given any personal details, either in posts or in registration, beyond email. Which is easy to change if necessary.

Uh, ok.... just so that you know... saying things like that is against VJ's Terms of Service. Planning to hoodwink USCIS is not a good thing. At all.

It is not our intent to commit visa fraud, which is actually why I originally started this post. Since the work transfer is now a more viable option than we had once thought, I was doing new research and came across the L-1 visa, which I had not really given much thought to before. I was hoping to obtain more information about that visa to see if it would actually be a better option for us considering our own circumstances.

I don't give out personal info on any public forum/site...surely that is a good general policy, not something that should automatically be interpreted as an attempt to commit some sort of fraud.

[Frenchwife 1]

I have been myself in a similar situation

but missed / could not do the DCF due to a very special situation or

eventually because we looked at it too late and my husband had already left for the US

Since you plan for wedding in August in the UK

and you live in the UK (there might be a questoin for how long, and staying there until, please check)

it seems good idea to go DCF for K3 or Immigrant Visa

I don't know timing for UK, look at statistics, is much shorter than filing in the US I am sure!!!!

(almost everybody will tell you Immigrant visa, not sure if even K3 exists under DCF)

K1 would make you postpone your wedding, no way you have it before August

then about the transfer visa

I am not sure about the VJers who answer know exactly about this matter

I have been myself in the same situation and my lawyer told me that both ways were independent

filing for spouse visa did not prevent my company (us based) from transfering me with a L1 or H1 or I don't know

I would ask a lawyer or more people

also I would not count on the company

but would proceed for the DCF immediately after wedding

M company never filed for me at the end

it costs a lot for a company (20 000 or so I heard)

and companies don't move people for pleasing them

Maybe his company will file but I won't count on it.

Maybe I misread some of your post or the other VJers, apologize if so.

Edited August 5, 2009 by Frenchwife

[Frenchwife 1]

our August 21, 2010 d-day??

oops I thought you were going to marry this august

Maybe it does change a little!

K1 is good idea for you but requires you to marry in the US (I think)

I read that you have to leave in October 2009

can you extend your visa?

if you leave UK believe you will disqualify for DCF

maybe you should marry now and do DCF before you leave.

or plan to marry in the US in August 2010?

or count on the transfer

Problem with transfer is that if it does not work think you will

have to file via US an I130 and probably will

have to wait about 9-12 months after your wedding

he will be in the US in August 2011

a comment about FR..D

don't mention it

you are not looking for it so don't mention it

it gets everybody excited here!!!

Edited August 5, 2009 by Frenchwife