Naturalized US Citizen married to L1A holder looking for best way file for GC - suggestions welcome

[al196103]

I became a naturalized US citizen just last week. For 2 years my wife has been in the US sponsored by her employer with an L1A visa which expires in about 14 months from today.

We married in the US 1 year and a half ago and now we are wondering:

- Should we file a petition for her GC right now, before our 2 year anniversary? Get conditional CG granted and just wait it out.

- Wait until the 2 year anniversary has come and avoid conditional status?

- Neither option makes any difference due to long processing times?
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Also, does any of these options presents any real issue on her L1A renewal? A friend of mine once told me his work visa and GC petiotion somehow entered on conflict at one point, but I have no details on how.

She holds passport from China (PRC), still employed with no faults on her visas.

I truly appreciate your experiences and best practices.

 

[fromnaija]

Because you were married BEFORE you became a USC, I don't think a conditional GC applies but others more knowledgeable than me may say differently. Having said that, in immigration matters, the sooner you applied for benefits you are entitled to, the better for you. So I don't see any reason why you should not submit your applications right away.

 

[Jackolantern]

Because you were married BEFORE you became a USC, I don't think a conditional GC applies but others more knowledgeable than me may say differently.

The conditional GC applies here because they're married for less than 2 years.

Given the existing L1 status, where the noncitizen spouse can work and travel without issues of immigrant intent getting in the way, it appears there is no need to rush to get the GC. So I would suggest waiting until about 1 month before the 2 year anniversary to file the GC paperwork, in order to ensure the interview will be after the 2-year anniversary and thus the 10-year card will be granted upon approval.

 

[Jackolantern]

- Wait until the 2 year anniversary has come and avoid conditional status?

You don't need to wait until the actual 2 year anniversary; you can apply 4-6 weeks ahead of the anniversary, because the interview date is the driving factor for conditional vs. unconditional, not the application date.

Processing times for marriage-based cases (where one spouse is a US citizen) are down to 3-5 months these days. So applying now would likely result in being interviewed before the 2-year anniversary.

Also, does any of these options presents any real issue on her L1A renewal? A friend of mine once told me his work visa and GC petiotion somehow entered on conflict at one point, but I have no details on how.

That friend probably had something other than H1B or L1. L1 and H1B are dual intent, so there is no such conflict when pursuing a GC. But other visas and statuses like TN or F1-OPT would have that conflict.