Applying for L1 while waiting on CR-1

[Kowalski_999 1]

I am from India and my girlfriend is a US citizen. We met 3 times since 2019 December and spent total of 3months together.

I work for a US company and they agreed to sponsor an L1 visa for me, but the issue is that the consulates in India are closed and they are not accepting any applications at the moment. This has been the case for the past 1 year.

 

I have two questions.

 

1. If we get married and apply for CR1, while waiting for the CR1, if I get the L1 approved, will there be any issues?

2. If 1 is not possible, which route should I take? Wait for L1 or Go ahead with CR1?

 

Thank you

[PaulaCJohnny 713]

50 minutes ago, Kowalski_999 said:

I am from India and my girlfriend is a US citizen. We met 3 times since 2019 December and spent total of 3months together.

I work for a US company and they agreed to sponsor an L1 visa for me, but the issue is that the consulates in India are closed and they are not accepting any applications at the moment. This has been the case for the past 1 year.

 

I have two questions.

 

1. If we get married and apply for CR1, while waiting for the CR1, if I get the L1 approved, will there be any issues?

2. If 1 is not possible, which route should I take? Wait for L1 or Go ahead with CR1?

 

Thank you

The L1 is a non-immigrant visa so filling the CR1 that shows immigration intentions will obviously be trick because how can you proof not intentions to immigrate to the US if you in reality is on the process for it?

 

 

[Boiler 45,670]

L1 is dual intent

[SusieQQQ 11,586]

L1 is a dual intent visa, so no problems getting one with immigrant intent.
 

If you can get an L significantly sooner than a CR1, it makes sense to go ahead and then switch your case to AOS once in the US. In that case be sure to maintain the L1 conditions so you can work, because it can take a year to get a green card after you start AoS. If there’s not going to be much difference in the timing of getting a visa it probably makes more sense to wait for the CR1 visa (then you become a green card holder as soon as you enter the US) because a green card is superior to an L.

 

 

Edited August 26, 2021 by SusieQQQ

[SusieQQQ 11,586]

2 hours ago, PaulaCJohnny said:

The L1 is a non-immigrant visa so filling the CR1 that shows immigration intentions will obviously be trick because how can you proof not intentions to immigrate to the US if you in reality is on the process for it?

 

 

FYI, the specific text of the DoS manual for L1 visas notes (bold added)

The beneficiary is not subject to INA 214(b) and is not required to have a residence abroad which he or she has no intention of abandoning 

 

https://fam.state.gov/fam/09FAM/09FAM040212.html

[laylalex 7,293]

Do it. My husband came in on an L1 and we are adjusting now. We're in line for an interview and expect to get a date soon. AOS for an L1 is less stressful in many ways than for those adjusting from many other visas; you can work and travel abroad, for example, so the looooong wait for an EAD or AP is really not on our minds. If the consulate starts processing L1s again, go for it, even if the CR1 is already in progress. You'll be with your spouse, able to work (and you already have a job!) and travel from day one. Adjusting will be just another thing to get through. And if the CR1 arrives first, you can abandon the L1.

[El Escocés 217]

This is how I completed AOS. I was already married to a USC and we were living and working overseas. We moved to the US when my Company sponsored my L1 and then I completed AOS a couple years later.There was no issue at any stage of my L1 application even though it was made clear that I was married to a USC prior to the application. 
 

PS it took 6 weeks from application to receiving the visa in my passport

Edited August 27, 2021 by El Escocés

[SusieQQQ 11,586]

4 hours ago, El Escocés said:

PS it took 6 weeks from application to receiving the visa in my passport

Pre Covid though… from what OP said in first post that timeline is not going to happen at present 

[El Escocés 217]

2 hours ago, SusieQQQ said:

Pre Covid though… from what OP said in first post that timeline is not going to happen at present 

Yes…100% correct. Pre-COVID. 
 

The company I work for has 80,000 + employees across the globe and this summer was busy with people coming or going  (predominately incoming visa is L1)

[SusieQQQ 11,586]

5 hours ago, El Escocés said:

Yes…100% correct. Pre-COVID. 
 

The company I work for has 80,000 + employees across the globe and this summer was busy with people coming or going  (predominately incoming visa is L1)

Going to be dependent on the status of operations at the issuing embassy.

[Kowalski_999 1]

Thank you so much everyone for their valuable reply. This makes me feel a bit better in this trying times :)