Currently in US on an L1-A and getting married to an American

G

grames

Registered Users (C)
Please help!
I am currently in the US on an L1-A and I am going to be getting married shortly. I travel frequently for work which includes leaving the US. What problems might I have when I return to the US from abroad after being married? We are going to reside in the US after the marriage. What do I need to do so I don't have issues at the border as I have heard I could have even though I have a valid visa. Any help would be greatly appreciated.
Thanks!
 
grames said:
Please help!
I am currently in the US on an L1-A and I am going to be getting married shortly. I travel frequently for work which includes leaving the US. What problems might I have when I return to the US from abroad after being married? We are going to reside in the US after the marriage. What do I need to do so I don't have issues at the border as I have heard I could have even though I have a valid visa. Any help would be greatly appreciated.
Thanks!
Click to expand...

You can use your valid/unexpired L visa to travel.
 
But can US immigration deny me entry because my status has changed because I am married even though I have a valid L1-A?
Thanks!
 
grames said:
But can US immigration deny me entry because my status has changed because I am married even though I have a valid L1-A?
Thanks!
Click to expand...

L & H visas are dual intent visas. Since you are on L1 visa you can continue to be on it till you get the greencard and enjoy all the benefits you have on L1, no travel restrictions or any prior approval required. So dont worry about being denied entry back to US when you are on Adjustment of status. You are in excellent situation.
 
grames said:
But can US immigration deny me entry because my status has changed because I am married even though I have a valid L1-A?
Thanks!
Click to expand...

This is from the instructions section of the form I-131: Application for Travel Document

If you are in the United States and wish to travel abroad, you do not need to apply for advance parole if both conditions described below in numbers 1 and 2 are met:

1. You are in one of the following nonimmigrant categories:
a. An H-1, temporary worker, or H-4, spouse or child of an H-1; or
b. An L-1, intracompany transferee, or L-2, spouse or child of an L-1; or
c. A K-3, spouse, or K-4, child, of a U.S. citizen; or
d. A V-2, spouse, or V-3, child, of a lawful permanent resident; and​

2. A Form I-485, Application to Register Permanent Residence or Adjust Status, was filed on your behalf and is pending with the CIS.


After you get married, you apply for AOS while maintaining your L1 status and you should not have any problem with re-entry as L and H visas have dual intent.

Good Luck!
-me
 
Thanks for the replies.
So I shouldn't be nervous when crossing back into the US with my wife and the questions arises? Who is she to you? "My wife". My lawyer said that immigration at times interprets things differently and the fact that plan to reside in the US permanently could pose a problem. I just found this out today and I am bummed as I don't need this crap. I am hoping he is on some cheap drugs and is a little off base.
Thanks again!
 
grames said:
Thanks for the replies.
So I shouldn't be nervous when crossing back into the US with my wife and the questions arises? Who is she to you? "My wife". My lawyer said that immigration at times interprets things differently and the fact that plan to reside in the US permanently could pose a problem. I just found this out today and I am bummed as I don't need this crap. I am hoping he is on some cheap drugs and is a little off base.
Thanks again!
Click to expand...

Relax. At the point of entry at the airport, your USC spouse enters the "US citizen/LPR line" and since you would still be on L1, you would be in the "non-immigrant/other visa" line. So it would be a different officer inspecting you and a different one for your wife. There is no way the officer looking at your passport and visa know you are married to a USC unless you tell him or your wife yells from across the other counter.. "Hey honey... do you have my passport?"... Just kidding man :D

Even if they know you are married, it shouldnt matter because you have a valid L visa and L visas have duel intent. So take it easy :)
 
One more question, well maybe two.
What do I have to do once I am married as far as immigration and status is concerned?
Since my lawyer is currently processing my green card application., do I need to do anything from above?
Thanks for the response. Greatly appreciated.
 
grames said:
One more question, well maybe two.
What do I have to do once I am married as far as immigration and status is concerned?
You need your marriage certificate to start your process. Your USC spouse files I-130 for you, you file I-485. Optionally you also file I-765 and I-131. You can search this forum for more information on how to go about this.

Since my lawyer is currently processing my green card application., do I need to do anything from above?
I dont understand. You are not yet married, so how could your lawyer process your GC? You meant to say employment based GC?
Thanks for the response. Greatly appreciated.
Click to expand...
 
grames said:
Yes, employment based green card. I should have specified. Is that the way I should go?
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Well, it depends on what stage your employment based GC is at. Usually family based GC is faster than employment based GC (not considering the time it takes to get out of FBI name check).

As a word of caution, carry your AOS notices with you when you travel, just in case the officer stops you at the POE, you could show them that you have a pending AOS on your behalf.
 
Thanks for your help! I suppose it won't help to carry anything on our honeymoon as we get married next weekend and leave 2 days later for our honeymoon. During AOS, my L1 doesn't become void does it?
 
grames said:
Thanks for your help! I suppose it won't help to carry anything on our honeymoon as we get married next weekend and leave 2 days later for our honeymoon. During AOS, my L1 doesn't become void does it?
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Your L1 would be valid. If you have applied for EAD and use it, your L1 would be invalidated.

Good Luck!
 
L1 and marriage

I used an L1 for 5 years while being married. Came in with my wife together several times. Non issue.
However, do NOT apply for an AP (Advance Parole). Although you can continue using the L1 as per the rules, they can ask you if you have applied for a Green Card, answer yes, then they ask do you have an AP. You must answer yes, if you applied, they will 75% of the time send you to secondary inspection even if you have a valid L1. Many officers simply do not know the L1 rule. I used to carry the printed rules with me for when this happened. Did not matter, still send me to secondary to be safe.
Therefore, you are better off applying for the Green Card without AP, and obtain the AP prior to the expiration of your L1. Better yet, renew the L1, and avoid AP altogether. With an AP you will always (airport dependent) be sent to secondary, a real nuisance.
 
EAD is the employment authorization card.

Now grames, you are talking that you are going to get marry and after 2 days going out of honeymoon...Does he has to wait for marriage certificate and apply first before living the US, right? And that means then you need to get your receipts (NOA's) from USCIS after you apply before living, right?

Saying that to accomplish what the USCIS says about Travel documents and the categories describe above:
1. You are a L-1 right now, great.
2. You need a pending AOS application that means you have to get marry, get your marriage certificate, file your applications and then wait for the receipts that it means that you are in fact pending with the USCIS.


I am a little bit lost here, just want to learn if I am wrong with my questions...

Good luck,
 
Cherr, He is in perfectly valid status as of now as he has a valid L1. He can apply for AOS anytime after marriage (including right from the day he gets married to anytime he wishes after). He does not need AP to travel as long as he maintains a valid L1 and is still in a good non-immigrant status. Im sure you already know this, L1 and H1 are pretty much same when it comes to EAD and AP usage.



cherr1980 said:
EAD is the employment authorization card.

Now grames, you are talking that you are going to get marry and after 2 days going out of honeymoon...Does he has to wait for marriage certificate and apply first before living the US, right? And that means then you need to get your receipts (NOA's) from USCIS after you apply before living, right?
He does not have to wait for NOA. He could apply for his GC and leave for his honeymoon (out of US) right away and use his L1 to enter US, or come back from his honeymoon and apply for GC. Both options are possible.

Saying that to accomplish what the USCIS says about Travel documents and the categories describe above:
1. You are a L-1 right now, great.
2. You need a pending AOS application that means you have to get marry, get your marriage certificate, file your applications and then wait for the receipts that it means that you are in fact pending with the USCIS.
He really doesnt need an AP (but could get apply for one if he wishes for his peace of mind)Since he has a valid L1, he could use that and remain in L1 status till his green card gets approved, or apply for EAD, use it and remain in pending AOS status till his GC is apprvoed. Hope i answered your questions. :)


I am a little bit lost here, just want to learn if I am wrong with my questions...

Good luck,
Click to expand...
 
I am bit confused with this forum now..I will be on H-1 September and planning to start my process for GC thru marriage in September.If apply for GC and Can I go for H-1 visa stamping in October or it gets void once send Applications and get NOA's?

That means I can apply for GC and be in process..and use H-1b.?
To be CLEAR..Can I start the process and go for H-1 visa stamping?As because I think before I want to travel I wont get my AP.Thanks
 
RANE2202 said:
I am bit confused with this forum now..I will be on H-1 September and planning to start my process for GC thru marriage in September.If apply for GC and Can I go for H-1 visa stamping in October or it gets void once send Applications and get NOA's?

That means I can apply for GC and be in process..and use H-1b.?
To be CLEAR..Can I start the process and go for H-1 visa stamping?As because I think before I want to travel I wont get my AP.Thanks
Click to expand...

Your H1 exists as long as your AOS is pending. You can still work on H1, travel on H1 while your AOS is pending. If you decide to apply for EAD and use it, your H1 terminates.

Not sure how long it would take to get a H1 as there is a cap every year on how many H1's are issued. But you get an EAD approximately after 60 days after you apply for it. Refer to zoomz00m's list here for EAD processing dates...
http://www.immigrationportal.com/showthread.php?t=178929
 
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