Received L-1 Visa and K-1 Petition in process - please advise

[Roxy & Kris 0]

Hello VJers,

I received my L-1 visa this month and me and my fiance were also trying for the K-1 visa couple of months ago. She filed my petition in the month of June and I believe that petition is also going to be finalized by next month. Now I'm in a dilemma whether or not I should go on L-1 and then marry her or should I come back and grab the K-1 visa accordingly. Your expert advise/insight would be highly sought after by me and my fiance.

Thanks,

Kris

[baron555 934]

Hello VJers,

whether or not I should go on L-1 and then marry her

That is Visa Fraud and you risk a permanent ban.

or should I come back and grab the K-1 visa accordingly.

This is the proper path to take and is not Visa Fraud and, unless your case or relationship has something weird about it, will result in you legally immigrating to the US and marrying your fiance and being legally allowed to work.

Your expert advise/insight would be highly sought after by me and my fiance.

Thanks,

Kris

[kzielu 1,160]

Response above it totally incorrect. L-1 allows dual intent therefore you can come to US using your L-1 and adjust status with no problems. Benefit of that is you can continue working and do not need EAD / GC to do it.

I did come to US on L-1B visa and adjusted my status.

[Roxy & Kris 0]

Hello,

Thanks for your quick reply. Just a question, I have heard many people marrying on L-1 visa in the US, even that is a fraud?

Please suggest.

Thanks,

Kris

[Roxy & Kris 0]

Response above it totally incorrect. L-1 allows dual intent therefore you can come to US using your L-1 and adjust status with no problems. Benefit of that is you can continue working and do not need EAD / GC to do it.

I did come to US on L-1B visa and adjusted my status.

Hi, Thanks for such a positive reply, and I'm really happy to hear this from your end. May I know what did you say at your company for the same, the reason is my fiance works in the same company where I work in India. May I know how to let them know about this situation?

Thank you in advance,

Kris

[kzielu 1,160]

Hi, Thanks for such a positive reply, and I'm really happy to hear this from your end. May I know what did you say at your company for the same, the reason is my fiance works in the same company where I work in India. May I know how to let them know about this situation?

Thank you in advance,

Kris

Same situation I had - my wife works in the same company I worked for in Poland and company knew I have an intent to stay and adjust the status.

So if they are sending you to be trained in US for a couple of years and the return to your home country, it probably be fair to let them know what you are planning to do since they will be incurring costs associated with L-1 visa processing and often companies send people on L visas to benefit later from their time spent in US.

[baron555 934]

Response above it totally incorrect. L-1 allows dual intent therefore you can come to US using your L-1 and adjust status with no problems. Benefit of that is you can continue working and do not need EAD / GC to do it.

I did come to US on L-1B visa and adjusted my status.

I'll stand partially corrected and will state my ignorance.

Wikipedia does mention dual intent and ability to adjust status once here on an L-1 visa.

Nowhere on the USCIS website does it mention this....also there is a difference between L-1A and L-1B visas....maybe that is the difference.

I will state though, that if the intention is to use a work visa for the sole purposes of marrying and then adjusting status....that is NOT the same as coming to the US and working.....and then meeting someone and marrying and adjusting status.

To the OP, do your homework very carefully....what one person has been able to do is MAY NOT be the official USCIS regulations and rules.

[kzielu 1,160]

I'll stand partially corrected and will state my ignorance.

Wikipedia does mention dual intent and ability to adjust status once here on an L-1 visa.

Nowhere on the USCIS website does it mention this....also there is a difference between L-1A and L-1B visas....maybe that is the difference.

Difference between L-1A and L-1B has nothing to do with ability to adjust the status. One is for managers/executives, other one for specialized knowledge employees. It is not explicitly mentioned on USCIS website - you'd have to go INA to find it.

Edited November 16, 2012 by kzielu

[baron555 934]

- you'd have to go INA to find it.

I let you provide the OP's answers and guidance.

[kzielu 1,160]

I let you provide the OP's answers and guidance.

I did - using PM. No need to be irritated just because your initial post was dead wrong.