L-1 visa while K-1 visa is being processed

[Kaljukotka 5]

Five months ago my fiancé and I filed for a K-1 visa me being the beneficiery. I have been discussing about the unpredictable processing times and prolonged EAD process with my boss and today she had a call with a lawyer and some people from our US parent company and they were laying out the option of applying for a L-1B visa for me.

If I would qualify and decided to let the company apply for me, what would happen to my K-1 visa application?  I was told that L-1 processing time is around 8-12 weeks, which sounds unbelievable as I am prepared to wait another 5 months for my K-1 visa to get to a point where I could move to US. The L-1 visa would seem to remove all the worries of having to wait for the EAD and not knowing when I am able to get back to work. Yet I am scared that if I withdraw my K-1 application for this and for some reason my L-1 application is denied I would have to start this process all over again.

Can I leave my K-1 as it is and withdraw it if I receive my L-1? The lawyer should be looking into this but I thought I’d ask here while I wait him to get back to us.

[Dashinka 24,579]

This thread may be helpful and is relatively current.

 

Good Luck!

 

 

[SusieQQQ 11,586]

Why would you withdraw your K1? You can have two visa applications going in parallel.

 

L1 is dual intent so the immigrant intent is not reason for denial.

[Kaljukotka 5]

2 hours ago, Dashinka said:

This thread may be helpful and is relatively current.

 

Good Luck!

 

 

Thank you so much!

 

 

54 minutes ago, SusieQQQ said:

Why would you withdraw your K1? You can have two visa applications going in parallel.

 

L1 is dual intent so the immigrant intent is not reason for denial.

Glad to hear that having two applications should not be a problem. Thank you!

[laylalex 7,293]

My husband is here on an L-1 and we are now adjusting. It has made our lives significantly easier, because he can work (well, duh, it's a work visa) and leave the country if he needs to while his AOS is pending, and without needing an EAD and/or AP through the AOS. It also gave us the luxury of spending time as an engaged couple to do things on our own timescale, more or less, when it came to a wedding. (We still ended up doing a tiny pandemic wedding, because we wanted to get on with being married, but at least we had months to not have USCIS breathing down our necks.) Since you can have both pending, DO IT!!! Hopefully you'll get the L1 first. Fingers crossed and best wishes!

[Kaljukotka 5]

9 hours ago, laylalex said:

My husband is here on an L-1 and we are now adjusting. It has made our lives significantly easier, because he can work (well, duh, it's a work visa) and leave the country if he needs to while his AOS is pending, and without needing an EAD and/or AP through the AOS. It also gave us the luxury of spending time as an engaged couple to do things on our own timescale, more or less, when it came to a wedding. (We still ended up doing a tiny pandemic wedding, because we wanted to get on with being married, but at least we had months to not have USCIS breathing down our necks.) Since you can have both pending, DO IT!!! Hopefully you'll get the L1 first. Fingers crossed and best wishes!

Thank you! The L-1 visa would definitely solve all our problems! I could keep my job and not have to wait for months for an EAD without any income. If I could continue working immediately my fiancé and I could kickstart our future together immediately! I am anxiously trying to take this process forward with the parent company. Thank you all for your help, this brought me so much hope and happiness!