Beneficiary moving after submitting I-130

[fdot123 4]

Hi! 

My husband (US citizen) and I (UK citizen) are currently working on submitting the I-130 to apply for CR1 visa / green card for me.  We are hoping to send it off asap given the long wait for receiving and processing, but are now unsure whether that would be wise as I am 100% certainly moving while/shortly after the I-130 is received.  I currently live in Germany, but will be moving to either the UK or the US (on an L1) in September.  We have previously been told that that would be fine, and we could make adjustments to my address and the type of process we want (straight CR1 or AoS) once the I-130 is actually received, but I'm not sure this will be a big task as the I-130 actually asks for this information when you first submit.

 

Does anyone have any experience with moving (just address, or to the US) while the I-130 is being received / your wider CR1 case is being processed?  Would love to hear how you dealt with that, and any tips you might have.  Thanks in advance!  

[USS_Voyager 1,971]

1 hour ago, fdot123 said:

Hi! 

My husband (US citizen) and I (UK citizen) are currently working on submitting the I-130 to apply for CR1 visa / green card for me.  We are hoping to send it off asap given the long wait for receiving and processing, but are now unsure whether that would be wise as I am 100% certainly moving while/shortly after the I-130 is received.  I currently live in Germany, but will be moving to either the UK or the US (on an L1) in September. 

Is your husband currently living in the US? At the I-130 stage, nothing is sent to you (the beneficiary). They will only communicate to him (the petitioner) at his address in the US. If you enter the US on the L1, you can immediately file the I-485 for AOS. If you go to the UK, you will have to attend the interview at the Embassy to get the immigrant visa.

[nullaccount234 882]

Have you already been approved for the L1? My only thoughts would be that since it's a temp visa, it might be difficult to show nonimmigrant intent if you're in fact trying to immigrate already through the CR-1. But over all changing address while your petition or visa is processing is no problem.

[fdot123 4]

9 minutes ago, LizM said:

Have you already been approved for the L1? My only thoughts would be that since it's a temp visa, it might be difficult to show nonimmigrant intent if you're in fact trying to immigrate already through the CR-1. But over all changing address while your petition or visa is processing is no problem.

As far as I'm aware, the L1 is dual intent so it shouldn't necessarily be a problem that I have a CR1 visa processing in the background?

[fdot123 4]

1 hour ago, USS_Voyager said:

Is your husband currently living in the US? At the I-130 stage, nothing is sent to you (the beneficiary). They will only communicate to him (the petitioner) at his address in the US. If you enter the US on the L1, you can immediately file the I-485 for AOS. If you go to the UK, you will have to attend the interview at the Embassy to get the immigrant visa.

Yes - he lives in the US!  Okay, so there shouldn't be any issue in terms of receiving correspondence.  I guess my question is whether they take issue with any changes to my address /answer to the question on whether the beneficiary is applying from the US or abroad from the I-130 to the later forms you submit.

[nullaccount234 882]

3 minutes ago, fdot123 said:

As far as I'm aware, the L1 is dual intent so it shouldn't necessarily be a problem that I have a CR1 visa processing in the background?

I just saw that too - I didn't know but thanks for pointing it out. Should be no problem at all then. If you have a CR1 processing, and you move here on an L1, you might just want to withdraw the CR1 at that point since I assume you'd just AOS from inside the country. If you move to the UK, just make sure you notify them of your address change so the interview is held in the UK and not Germany.

[USS_Voyager 1,971]

38 minutes ago, fdot123 said:

Yes - he lives in the US!  Okay, so there shouldn't be any issue in terms of receiving correspondence.  I guess my question is whether they take issue with any changes to my address /answer to the question on whether the beneficiary is applying from the US or abroad from the I-130 to the later forms you submit.

No issue. You are allowed to change from consular processing to adjustment of status and vice versa. If you change from consular processing to AOS, you just need to simply file the I-485. If it's the other way around (which is not your case), one need to file another form I-824. 

 

https://www.murthy.com/2018/07/12/changing-from-adjustment-of-status-to-consular-processing/

 

 

[USS_Voyager 1,971]

54 minutes ago, LizM said:

I just saw that too - I didn't know but thanks for pointing it out. Should be no problem at all then. If you have a CR1 processing, and you move here on an L1, you might just want to withdraw the CR1 at that point since I assume you'd just AOS from inside the country. If you move to the UK, just make sure you notify them of your address change so the interview is held in the UK and not Germany.

That is correct, L and H classifications are dual intent, so the applicants are allowed to have immigrant intent, unlike the vast majority of non-immigrant visas.

 

One other thing about H and L classifications, is that during AOS, the visa holders are allowed to leave the US and return without having to obtain Advanced Parole.

[nullaccount234 882]

8 minutes ago, USS_Voyager said:

That is correct, L and H classifications are dual intent, so the applicants are allowed to have immigrant intent, unlike the vast majority of non-immigrant visas.

 

One other thing about H and L classifications, is that during AOS, the visa holders are allowed to leave the US and return without having to obtain Advanced Parole.

Wait, I'm really learning something new today. Wouldn't you lose the L1 status as soon as AOS is filed? And thus have to wait for AP/EAD to start traveling and working again?

 

I met another Swede here, he came over on an L1 and adjusted from marriage, he made it seem like he had to quit his job, wait for EAD and then apply for new jobs. I actually considered L1 myself but I obviously didn't do enough research. 

[USS_Voyager 1,971]

50 minutes ago, LizM said:

Wait, I'm really learning something new today. Wouldn't you lose the L1 status as soon as AOS is filed? And thus have to wait for AP/EAD to start traveling and working again?

 

No and no. H and L classifications will NOT lose their status when the AOS is filed. You do not need to apply for AP/EAD to travel and work. By definition, H and L are already authorized to work, and they're specifically allowed to return to the US without abandoning the AOS and without having to file AP. If you remain on H or L, you have to comply with the requirements for H or L, which is you can only work for the petitioning employer, if you go from full time to part time or vice versa, you have to file an amendment, .... It is rather cumbersome. Also, the moment the employment ends, you lose your H or L status. 

 

https://tingenwilliams.com/2018/leave-country-while-adjustment-of-status-processing/28184

 

50 minutes ago, LizM said:

 

I met another Swede here, he came over on an L1 and adjusted from marriage, he made it seem like he had to quit his job, wait for EAD and then apply for new jobs. I actually considered L1 myself but I obviously didn't do enough research. 

 

Well, the reason your friend did that, might be the "new jobs". On H or L, you're only allowed to work for the employer that petitioned for you. So if you need to change job, you need another employer to sponsor you. In other hand, the EAD gives you unlimited work authorization to ANY employer, no sponsorship require. Therefore, as a matter of security, most people on H or L who file AOS apply for EAD/AP anyways, in case their employment goes south, they have a safety net to fall back to. 

[fdot123 4]

1 hour ago, USS_Voyager said:

No issue. You are allowed to change from consular processing to adjustment of status and vice versa. If you change from consular processing to AOS, you just need to simply file the I-485. If it's the other way around (which is not your case), one need to file another form I-824. 

 

https://www.murthy.com/2018/07/12/changing-from-adjustment-of-status-to-consular-processing/

 

 

 

Hi again,

Thanks so much - this is super helpful!  Just to be clear, what you are saying is that I would send off the I-130 for consular processing.  If I then do move to the US within that time frame, I file the I-485 when I've moved.  Would this entail a whole new application (rendering the first one null), or could it be a change/continuation to the initial one?

 

Is there a general idea of how soon one receives the EAD after filing the I-485?  

[nullaccount234 882]

38 minutes ago, USS_Voyager said:

 

No and no. H and L classifications will NOT lose their status when the AOS is filed. You do not need to apply for AP/EAD to travel and work. By definition, H and L are already authorized to work, and they're specifically allowed to return to the US without abandoning the AOS and without having to file AP. If you remain on H or L, you have to comply with the requirements for H or L, which is you can only work for the petitioning employer, if you go from full time to part time or vice versa, you have to file an amendment, .... It is rather cumbersome. Also, the moment the employment ends, you lose your H or L status. 

 

https://tingenwilliams.com/2018/leave-country-while-adjustment-of-status-processing/28184

 

 

Well, the reason your friend did that, might be the "new jobs". On H or L, you're only allowed to work for the employer that petitioned for you. So if you need to change job, you need another employer to sponsor you. In other hand, the EAD gives you unlimited work authorization to ANY employer, no sponsorship require. Therefore, as a matter of security, most people on H or L who file AOS apply for EAD/AP anyways, in case their employment goes south, they have a safety net to fall back to. 

Thanks for the info! That's great to know.

 

I assumed that he changed jobs because he had to give up his L1. But like you said, he might have just wanted to change anyway and therefore applied for the EAD. I'm still confused as to why he would sit at home and wait for the EAD for a few months, if he could've continued to work on his L1. But I don't have the full story so there's no point in speculating. 

[USS_Voyager 1,971]

34 minutes ago, fdot123 said:

 

Hi again,

Thanks so much - this is super helpful!  Just to be clear, what you are saying is that I would send off the I-130 for consular processing.  If I then do move to the US within that time frame, I file the I-485 when I've moved. 

Yes

 

34 minutes ago, fdot123 said:

Would this entail a whole new application (rendering the first one null), or could it be a change/continuation to the initial one?

You mean the I-130? No, those are two completely different things. The I-130 is the petition from your husband to sponsor you. So that has to be done in any cases.

If you are inside the US, you can apply AOS, which is form I-485, to adjust to status from whatever you entered with (L1 in your case), to Lawful Permanent Resident. If you are outside of the US, you need to go to an interview at the US Embassy to obtain an immigrant visa to enter the US with. 

34 minutes ago, fdot123 said:

Is there a general idea of how soon one receives the EAD after filing the I-485? 

Right now it's 4-7 months. But if you enter with L1, you still can work under the L-1 for all that 4-7 months, which is an advantage to other people who are not on L1, because they have to wait for the EAD to approve. 

Edited March 6, 2019 by USS_Voyager