Come in on K1 or L1?

[Ly2626 1]

I am new so hello everyone! I am trying to find some specific answers and the board has been great but there are a few questions I hope someone can help with.

I am a Canadian citizen engaged to an American citizen. We would like to be able to live together as soon as possible so we are exploring our options. We potentially have two and I am looking for any insight.

My current company based in the US ( I work for their Canadian office) has offered to sponsor my Visa to the US (pending me meeting Visa qualifications) so I would be coming under an L1 if I qualify.

Being engaged we can also file for the K1. We were hoping to not have to marry until our actual wedding in 2015 but know a court wedding might be needed.

I have heard that if I come in on an L1 and they know I have a US fiance they can deny me entry (on the grounds they think I am going solely to marry). I fully intend to stay with my current organization.

So my questions are:

1) What is the better way to go K1 or L1?

2) Can I still work on a K1 Visa for my company ( I would be working remote but as a Canadian employee until I am authorized to work in the US if possible)

3) Which one is faster?

4) If I come under a K1 how long until I am authorized to work?

Thank you!!!!

[Hypnos 6,576]

Both L-1 and K-1 visas are dual intent, meaning that you can have immigrant intent and that won't be a barrier to visa issuance, unlike most other visas.

1) I would say the L-1, since the company would be doing all of the heavy lifting for you, and you'd still be able to file for AoS if you married. You would also be able to work as soon as you entered the country on an L-1.

2) Not straight away. If you entered on a K-1 then you would have the marry, then file for AoS and employment authorisation at the same time. It would take around three months to issue your employment authorisation from the time you applied, and you wouldn't be able to legally work during that period.

3) I'm not sure of this.

4) See 2.

Edited December 2, 2013 by Hypnos

[Pitaya 2,577]

~Moved from K-1 Process to What Visa Do I Need-Family Based Immigration Forum~

~Inquiry about visa options~

[Harpa Timsah 13,258]

Do the L-1 if you can. As stated, it is dual-intent, so having a fiance and planning to marry and AOS is not a problem at all (as long as you are also planning to work, which you are). Then you can have the timeline you want. Good luck.

[Owen_London 65]

Definitely go with the L-1 if you can. It's quicker than K1, but it's only really quick if your company pays for expedited processing, as mine did. Even then, though, you're only expediting part of the process.

Also, I can't see any way that you could continue working while in the US on a K1 visa, as you wouldn't have work authorisation. You would have to either leave your current company or take an unpaid leave of absence.

[gwenstar 66]

Also, I can't see any way that you could continue working while in the US on a K1 visa, as you wouldn't have work authorization. You would have to either leave your current company or take an unpaid leave of absence.

Exactly -

If you are planning on coming here and working for your company, you would need to go with the visa through your work.

As to the rest of your question...I don't know. It really comes down to intent -

All I can say is just to always be honest with your answers and what you put on your applications. If your intent is truly to come work here on an L-1 visa for your company, then do that. If at some point (after you are here working) you decide to get married and plan to stay in the US, you would then follow the process at that point. Which would most likely be adjustment of status since you would already be here lawfully on the L-1 visa.

[Harpa Timsah 13,258]

Exactly -

If you are planning on coming here and working for your company, you would need to go with the visa through your work.

As to the rest of your question...I don't know. It really comes down to intent -

All I can say is just to always be honest with your answers and what you put on your applications. If your intent is truly to come work here on an L-1 visa for your company, then do that. If at some point (after you are here working) you decide to get married and plan to stay in the US, you would then follow the process at that point. Which would most likely be adjustment of status since you would already be here lawfully on the L-1 visa.

L-1 is dual-intent, meaning he can come to work and have the intention to marry and AOS. No need to make the decision "after" he enters.

[gwenstar 66]

L-1 is dual-intent, meaning he can come to work and have the intention to marry and AOS. No need to make the decision "after" he enters.

Oh - cool! Thanks for clarifying that

[Boiler 43,760]

L is by far the better option.