L1 - Immigrant: Status Change in the US.

[Jo_Simon]

Hi,

I had made a post earlier on this issue. One change: I used to have a B1, now the Company I work for is processing an L1 VISA for me for an project with a client in the US.

My wife is a US Citizen. We got married in early 2006.

My wife had submitted the marriage petition at the INS (current CIS) at Vermont soon after the wedding, but my case package was lost during transit between CIS and NVC. There seems to be an indefinite delay in the process now.

I will be coming to the US very soon from the company I work on an L1 VISA. I have been in the United States few times before my wedding ona B1.

I would like to know the following:

1) Can I apply for an adjustment of status once in the US (L1 to Immigrant status, Green Card). Is this a quick process or lengthy?

2) Will there be any issue during the L1 VISA interview as I am a potential immigrant (intent issue)

3) OR should I wait for my normal immigration procedure. Will there be any mechanism to fasttrack it?

4) Anything else that would be a better alternative

Can you please help me on the same?

Thank you,
Jo

 

[Triple Citizen]

(1) Applying for AOS (family based) on L-1 status should not be an issue. Just as a precaution, wait at least 60 days after your arrival to apply for AOS.
(2) L-1 allows dual intent. So having a marriage based GC in the works will not result in a visa refusal. However, an L-1 may be refused for other reasons.
(3) Your wife should follow up on the original GC process. I assume the I-130 was approved?
(4) If you can get an L-1, then best (and perhaps quickest) option would be to AOS from that.

 

[Jo_Simon]

Thank you Mr. Ghori. Yes my I-130 was approved and it was sometime during the transit from CIS to INS that it got lost.


Thank you very much again,.
Jo