QUESTION
Planning to marry in US, will it be change of status(expired L1 to L2) or fresh L2?
Asked on Jul 23rd, 2015 on Immigration - Minnesota
More details to this question:
I am working in Minneapolis and entered US on L-1B visa which expired in March 2015 and continue to work for my employer on I-94 valid till Jan,2017. My fiancee is working in Seattle and she is on her L-1B. Our wedding in India is scheduled for November, 2015. Since my visa is expired, I cannot enter back to the US post wedding till my L2 gets approved. So we intend to get married in US and start processing my L2 and EAD(required for employment) prior going to India so that I can work in US once we are back. 1. Are US marriage documents enough as marriage proof for L2 approval. 2. Is this going be a L1-L2 COS (change of status) for me or can I apply for a fresh L-2 visa from US? 3. If I apply for EAD and L2 together, are the processing times exclusive of each other or will EAD be processed only after L2 is approved. 4. Should we look at the option of traveling to neighboring countries like Jamaica, Canada and ask for L2 stamping on return to US?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
U. S. marriage documents should be sufficient in your case to show proof of marriage for L-2 approval with U.S.C.I.S. Under your plan, you would be making an application from L-1 to L-2 change of status. In our experience, the EAD can be approved approximately at the same time as the L-2 approval, but of course will not be approved until the principal application, the L-2, is approved. Your other question of whether you can travel to a neighboring country and asked for L-2 stamping on return to the U. S. could be made more complicated by the fact that it is a third country consulate and by extended questioning on the bona fides of your marriage and would not be recommended. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Aug 22nd, 2015 at 9:50 AM