Does L2 get invalidated when primary L1 gets Green card

#1
I am on L1 and my wife is on L2 and both are in US. I had filed for my GC alone and am about to get it in some time. My question is what will happen to my wifes L2. Will it expire when i get GC. What visa types will she needs to get. Does she have to leave US since her L2 becomes invalid. Can she go back to India and come back to US on L2.
How difficult will it be for her to stay here in US and get Green card later
 

Sm1smom

Super Moderator
#2
Your wife's L2 status ceases on the day you become a LPR. Without your L1, there's no basis for your wife's L2 status - her L2 status is a derivative of your L1 status.
 
#3
Thanks

Buy when both of us are in US when i get my GC, does she have to leave US or can she stay with some special permission or arrangement.
 

Sm1smom

Super Moderator
#4
Thanks

Buy when both of us are in US when i get my GC, does she have to leave US or can she stay with some special permission or arrangement.
No special permission can be granted on the basis of you having a GC. Since her L2 status was dependent on your having your L1, you should have included her on your GC application. If she's able to successfully apply for other type of visa on her own before your GC approval, she may be able to remain in the US without going out of status.
 
#5
Thanks for reply.

Any other arrangement that can be made ?

Can she apply for tourist visa while she is L2 which she can get for 10 years with 6 months cap on each visit.

Hope tourist visa for L2 doest get invalidated by primary getting GC.

Please suggest
 

newacct

Well-Known Member
#6
What I don't understand is, (assuming your AOS hasn't been approved) why doesn't she just apply for AOS right now based on being your derivative beneficiary? Then she wouldn't have to leave the US.
 
#7
Are u saying that while my gC is underprocess (i filed it alone and later she joined me in US ) she can also file GC as a beneficiary and she will not have to leave US even if my GC is processed and approved before her ?
 
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