K1 & L1

[Lichee 0]

Hi VJ community, 

I'm in a unique situation and hope that you can help me with. 

Here are some background:

I filed K1 application for my gf at the end of April. We want to be together and I'm planning to visit her when countries allow traveling again. 

She decided to find a job while waiting for the visa. She landed a job in an international company in late July. The job typically requires traveling to US every few months. This is paused due to COVID. 

Her HR told her that they will get a L1 visa for her. might be those blanket approval type. 

 

Here are my questions: 

1. Does K1 application have any impact on L1 or vice versa? 

2. Given that she has L1 visa first, does this mean that she can travel to US and we can just go and register? and she can work while waiting for AOS?

3. if she gets K1 first, does it make sense to wait until L1 approval? assuming it's still within 6 months after K1 approval. 

4. I saw L1 requires visa applicant work for the sponsored company for at least 1 year. Does this mean she can get L1 visa and work there for 1 year and then move to US?

5. If she has both L1 and K1 visas, should she use L1? what's your recommended strategy?

 

Thank you! 

 

Edited August 11, 2020 by Lichee

[JFH 12,189]

L-1 visas are not being issued at the moment. And they usually require that you have been with the company at least a year and they are got working long-term in the US office of the company (a few years), not for occasional business trips. 
 

Thst said, if she does qualify for and receive an L-1 prior to the K-1 it won’t have any negative impact on her K-1. 
 

She cannot use the L-1 to come here and file adjustment of status. That’s fraud.

 

The 1-year employment requirement is before she can apply for the visa. Work for the company for a year, then you can apply for the L-1. 

The K-1 is better if your plan is to marry and for her to settle here permanently. An L-1 is only for a limited time and has no guaranteed path to a green card. It’s also job dependent. If she loses her job or the company collapses, she has to leave the country. 
 

Stick with the K-1.

Edited August 11, 2020 by JFH

[geowrian 22,336]

1) No (at least directly...see below)

 

2) An L-1 permits immigrant intent. So she can enter on that, marry, then file for AOS as your spouse. This makes the entire K-1 process mostly pointless (there are edge cases with some children that apply still)...there's no reason to really pursue that if she actually gets and enters on an L-1 visa.

Yes, she can work consistent with her L-1 status. Filing for AOS does not change one's current status.

The main disadvantage is you would have to file an I-130 + I-485 instead of just the I-485. So it's a little more paperwork and the extra filing fee.

 

3) Personal decision. L-1 is much better here it seems, but you know your own priorities. Timeline will probably be a factor. As for the timeline, see below.

 

4) Generally, the requirement for the L-1 visa is to be working for them already for at least 1 year. So she won't become eligible for it until at least next July. So you'll likely have a K-1 visa well before that if you already started the K-1 process in April.

https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

Quote

To qualify, the named employee must also:

• Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

 

5) There's nothing that explicitly prohibits having both visas, but it would certainly be unusual. Usually when they issue the visa, they will cancel without prejudice other visas.

But if she had both, the L-1 would probably be preferable as she can work right away. Just note that she would be doing the AOS as a spouse of a USC path (I-130 + I-485), not AOS as a fiancee of an I-129F who married within 90 days of entry (I-485 only as the I-129F was already approved to get the K-1 visa).

 

NOTE: L visas are currently generally banned until at least 2021. This may or may not be extended.

See the following EO: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

 

4 minutes ago, JFH said:

She cannot use the L-1 to come here and file adjustment of status. That’s fraud.

L-1 visas are dual intent, like K visas.

[Lichee 0]

Thank you so much for the detailed response. 

This is very helpful! 

You made my day!