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My fiance (US petitioner) and I (alien beneficiary) are almost complete with our K-1 requirements and is ready to submit the K-1 packet by next week.

However, my employer recently notified me to apply for an L-1 visa as I might be needed by our client in the US.

We're thinking to go ahead with our K-1 submission as previously planned, but with the L-1 might complicate some things:

 

1. Is it advisable to submit the K-1 first, then apply for L-1? Or the other way around?

2. If we decide to submit K-1 first, then at the time of my L-1 application, there would reflect a pending K-1 petition for me. Would it affect my L-1 application?

3. Say I got the L-1 approved then entered the US using L-1, with the K-1 still pending...can we get married in the US (as my work assignment might be long-term), then abandon our K-1 application, then just have an AOS from L-1 to Green Card? Would it raise any red flags?

Edited by silvertruck

2016-04-22     Met in NJ, USA

2019-01-16     Engaged

 

2019-05-22     Submitted I-129F

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1 minute ago, silvertruck said:

My fiance (US petitioner) and I (alien beneficiary) are almost complete with our K-1 requirements and is ready to submit the K-1 packet by next week.

However, my employer recently notified me to apply for an L-1 visa as I might be needed by our client in the US.

We're thinking to go ahead with our K-1 submission as previously planned, but with the L-1 might complicate some things:

 

1. Is it advisable to submit the K-1 first, then apply for L-1? Or the other way around?

2. If we decide to submit K-1 first, then at the time of my L-1 application, there would reflect a pending K-1 petition for me. Would it affect my L-1 application?

3. Say I got the L-1 approved then entered the US using L-1, with the K-1 still pending...can we get married in the US (as my work assignment might be long-term), then abandon our K-1 application, then just have an AOS from K-1 to Green Card? Would it raise any red flags?

1. It doesn't matter. L-1 is a dual-intent visa. You are allowed to have immigration intent on L-1

2. No affect. The L-1 will be based on the merit of your work case, nothing else. 

3. Yes, that would be the way to do it. The advantage of doing that is you are authorized to work for your L-1 employer while you're waiting for AOS to approve. The #1 disadvantage of K-1 that people complain the most about is the inability to work while they wait for EAD/AP. For some, it takes 6-8 months, even longer for others. So the ability to work immediately after you land on L-1 is a big plus (note: you still only are able to work for your L-1 employer, not anyone else). Another side benefit is your L-1 status and visa will allow you to travel and return to the US without abandoning your AOS, before your AP is approved.  Again, if you come on K-1, it will take 6-8 months or even longer to be able to do that. 

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11 minutes ago, USS_Voyager said:

1. It doesn't matter. L-1 is a dual-intent visa. You are allowed to have immigration intent on L-1

2. No affect. The L-1 will be based on the merit of your work case, nothing else. 

3. Yes, that would be the way to do it. The advantage of doing that is you are authorized to work for your L-1 employer while you're waiting for AOS to approve. The #1 disadvantage of K-1 that people complain the most about is the inability to work while they wait for EAD/AP. For some, it takes 6-8 months, even longer for others. So the ability to work immediately after you land on L-1 is a big plus (note: you still only are able to work for your L-1 employer, not anyone else). Another side benefit is your L-1 status and visa will allow you to travel and return to the US without abandoning your AOS, before your AP is approved.  Again, if you come on K-1, it will take 6-8 months or even longer to be able to do that. 

Oh that's nice! Was actually getting paranoid as I might be flagged with misrepresentation with having K-1 and L-1 simultaneously. But then again, it isn't my fault - it just so happens my employer would need me in the US to work, at almost the same time with my "personal" plan to immigrate via the fiance visa. :)

 

And I think, come interview at AOS it would be less difficult to prove our good intention with this scenario. Yeah, the IO might scrutinize it more but as long as we can explain all that has happened was done in good faith, then we'll be fine...hopefully.


2016-04-22     Met in NJ, USA

2019-01-16     Engaged

 

2019-05-22     Submitted I-129F

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submit L1, save the $535


(L)Our Timeline(L)

2015 Nov 03 - met online app (Skout)

2016 Jan 18 - became couple officially

2017 Sep 15 - met for the first time in person (Singapore to USA - 2 weeks)

2018 Feb 03 - met for the 2nd time (USA to Singapore - 2 weeks)

2018 Feb 08 - got engaged 

2018 Sep 01 - met for the 3rd time (Singapore to USA - 2 weeks)

2019 May 31 - 4th meeting :goofy:

----------------------------------------------------------------------------------------------------------

K1 Visa Timeline:

2018 Aug 22 - I129f sent (DIY)

2018 Aug 29 - NOA1

          worries before approval:

          1) submitted 1 statement/letter of intent both signed by the pet/ben

          2) petitioner's accidentally/stupidly committed DWI after i129f submission

2019 Jan 16 - NOA2 (140 days from Noa1 - No RFE)

2019 Feb 06 - case received by NVC (21 days from Noa2)

2019 Feb 08 - case number received

2019 Feb 19 - left NVC

2019 Feb 25 - case received by SG consulate

2019 Feb 28 - Packet 3 received

2019 Mar 04 - Packet 3 sent back to SG consulate

2019 Mar 07 - Packet 4 received (interview schedule)

2019 Mar 12 - Medical (additional vaccine on 19 Mar)

2019 Mar 27 - Interview (221g, medical results pending)

2019 Mar 27 - Administrative Processing

2019 Mar 27 - Clinic sent medical results to Embassy

2019 Mar 28 - Administrative Processing

2019 Mar 29 - Application Received

2019 Apr 01 - Issued

2019 Apr 04 - VOH

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42 minutes ago, silvertruck said:

Oh that's nice! Was actually getting paranoid as I might be flagged with misrepresentation with having K-1 and L-1 simultaneously. But then again, it isn't my fault - it just so happens my employer would need me in the US to work, at almost the same time with my "personal" plan to immigrate via the fiance visa. :)

 

And I think, come interview at AOS it would be less difficult to prove our good intention with this scenario. Yeah, the IO might scrutinize it more but as long as we can explain all that has happened was done in good faith, then we'll be fine...hopefully.

Right. It's all good. The AOS will focus on your relationship. Just bring lots of evidence of a bona fide relationship. That's a long way down the road though. 

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Thanks for all the replies. Yes, it seems L-1 is more cost-saving and convenient, but I think we would still push through the K-1 submission as a failover plan. In case the L-1 application got denied or my work assignment would be cut short. At least we still have the K-1 ongoing without wasting processing time (our planned wedding date is Q1 2020). Agree the $535 fee may just go down the drain, but that's the uncertainty of the future, and a risk we're willing to take.

 

 


2016-04-22     Met in NJ, USA

2019-01-16     Engaged

 

2019-05-22     Submitted I-129F

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L1 is free to you and the company picks up your relocation costs, seems a no brainer.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 hours ago, silvertruck said:

our planned wedding date is Q1 2020

A word of advice:  don't put down any non-refundable deposits on wedding venues or anything like that until you have the visa in hand, whichever one you get.  Make sure you build flexibility into your planning, just in case there are delays in getting a visa.  Good luck!

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L1 is pretty quick.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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