urgent information requested

zyx2002

Registered Users (C)
Hello,

I am a GC holder currently in India on reentry permit(I had to come to India for my mothers treatment).

I recently got married. My wife has L1 (filed when she was single) which expires in Aug 2012.

My wife needs to go to US for a project. Due to some family issues it will be best if she travels to
USA sometimes in September.

Since her L1 expires in Aug 2012 she has to apply for new L1 if she wants to travel in September.

My questions are:

1. Since my wife is married to a GC holder is it possible that if she applies for new L1 petition it may get rejected(I have heard
cases where tourist visa of spouse of GC holders have been rejected since USCIS assumes that once spouse
goes to US on tourist visa they wont return, will USCIS treat L1 of spouse of GC holder same way).

2. Is it better to go to US with the existing L1 and file for L1 extension in USA(can USCIS deny L1 extension petition since she is married to GC holder).
 
A1: L visas are dual intent. Not subject to overcoming 214(b).
A2: See A1.

1. Since my wife is married to a GC holder is it possible that if she applies for new L1 petition it may get rejected(I have heard
cases where tourist visa of spouse of GC holders have been rejected since USCIS assumes that once spouse
goes to US on tourist visa they wont return, will USCIS treat L1 of spouse of GC holder same way).

2. Is it better to go to US with the existing L1 and file for L1 extension in USA(can USCIS deny L1 extension petition since she is married to GC holder).
 
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