L-1 but also married to citizen. How to file?

[Ciele 0]

Hi guys,

I posted here once before about my situation which is, at best, a wee bit complicated. I'm about to submit my paperwork again and I want to double check that I have everything right.

My husband is a Canadian citizen and I am a U.S. citizen. I was living in Canada when I married my husband. After we were married, his company transferred him to the U.S. I never filed a K visa for him because he was granted an L-1b at the border. Because he is Canadian, he lacks a hard copy of the L-1 visa, but that is his "status."

We want to file for his permanent residency here in the states. I know this will cost us roughly $1400 rather than $1010. My problem is this: We want to file on the basis of our marriage, not his employment – yet we have no K visa. We didn't even know we'd be moving here. We have two ways for him to immigrate, which is better? We can certainly prove our marriage easily since our marriage isn't new, everything we own is held jointly and we have two kids.

Is there something different in our case? Or the same old fees without proof of a K visa? And how on earth do I go about navigating the fact that there is no hard copy of his L-1? The company attorney said not to worry about that, but I still do.

Thanks ahead of time.

[canadian_wife 1,823]

http://www.visajourney.com/content/otheraos

Have you read through this link?

Good luck

[Ciele 0]

http://www.visajourney.com/content/otheraos

Have you read through this link?

Good luck

That link is a good one, and has good information, but it doesn't specify which route is the best one to take for my husband. It sounds like L1 through employer would be best, but I doubt they'd be able to prove that they require him on a permanent basis. But applying through marriage without a K visa sounds impossible.

[Harpa Timsah 13,258]

You case is actually very straightforward and easy. Your husband is here in the states? You DO NOT need a K visa to adjust status based on marriage. There is a whole forum for people adjusting FROM NON-K visas (work, student, tourist, etc) and that is for you. Here if the guide for the forms you fill out.

http://www.visajourney.com/content/i130guide2

Here is a link to the forum

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

The USCIS jargon calls it a CONCURRENT I-130/I-485. Good luck.

Edited October 20, 2010 by Harpa Timsah

[VanessaTony 3,567]

** moved from "Employment Visas" to "AOS (Other)" as you are asking about how to go about AOSing while in the US on an employment visa **