Can an L1 Visa holder marry a person with a GC

S

shobhak1

Registered Users (C)
Can a person with L1 visa marry a GC holder? If so what are the implications? Can she visit India once she is married and her husband has sponsored her for a GC? What is the status of her L1 once she gets married?

Thanks in advance.
 
Thank you for the response.Can the person with L1 apply for GC while in US or will he/she have to go back to India?
 
People with L1 are allowed to apply for GC, remaining in the US.
In that case, the application will be on employment basis in general and company should sponsor you for GC.
You need to talk to your company if they support GC.
 
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Thanks again for the prompt reply. So, in other words, does that mean that if an L1 visa holder marries a person with a GC, the spouse cannot sponsor him or her for a GC?
 
As long as I know, GC holder does not have such a privilege.
I'm not 100% sure, though, that there is no way GC holder sponsor L1 holder
for greencard.
I recommend to ask in GreenCard section of forum.
 
I guess I-130 could work for this case, but it takes long(~5years).
H1/L1 spouse has to maintain legal presence in the US on his/her own,
not dependent on GC husband/wife, for that long.
Either the H1 spouse gets GC on employment or the GC holder becomes
US citizen to give spouse GC might be faster than I130 route, though.
 
I see what you are trying to say. I think it is pretty similar to a GC holder sponsoring an H1 candidate - takes a long time to get a GC, 5-6 years and yes you are right, H1 visa holder has to maintain a legal status independently till they get their EAD I guess - or filed for adjustment of status. From what you say, it is a pretty similar situation in the case of an L1 visa holder, too, right? Thanks again for all the info.
 
You are right.
H1 and L1 do not make any difference in GC process, so H1 and L1
is interchangeable in my last post.

Summarized this,, there are 3 options if H1/L1 spouse is already in the US.

1. Let H1/L1 spouse go for GC process by his/her own based on employment.
Sponsor company needs to agree to support GC process in this case.
2. Wait until GC husband/wife becomes US citizen and give H1/L1 spouse GC.
3. GC husband/wife files I-130 for H1/L1 spouse.

From processing speed point, 3 is probably slowest(5+year). Which of 1 or 2 is faster
depends on this couple. If GC husband/wife already spends a few years on GC, 2 might be fastest.
In either of 3 options, H1/L1 has to maintain legal status in the US
on his/her own, independent on GC husband/wife.
 
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Thanks. Yes, either 1 or 2 is OK, 3 would definitely take a longer time. I think she can as wll apply for GC on her own as it does not appear to make much difference - of course depends on what the two of them want. Will ask you more questions if I have any more on this:) Thanks again.
 
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