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zyx2002

Registered Users (C)
Hello,

I am a GC holder currently in India on 2nd reentry permit(I had to come to India for my mothers treatment).
I plan to be back to USA permanently sometime in Sep-Oct 2012. My reentry permit expires in Dec 2012.

My first reentry permit expired in Oct 2010. I reentered USA 2 weeks before REP expiry (after nearly 2 yrs
outside US) and was asked lot of questions in POE in both in primary and secondary inspection. But I was allowed entry
and my 2nd REP also got approved.

I left USA in Dec 2010 after applying for 2nd REP and didnt get chance to go back to USA since I have to take care of my mother.

I recently got married in India. My wife has L1 (filed when she was single) which expires in Aug 2012. She has traveled to USA before in current L1.

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) than applying for new L1.
 
H1B and L1 explicitly allow immigrant intent, so being married to a green card holder or US citizen definitely won't be a problem for her L1 extension.

But renewing most other visas like tourist and student visas is problematic if the applicant is married to a USC or GC holder.

Your citizenship eligibility is delayed because of your long trips outside the US, so your wife will be subject to a nearly 3-year wait for a marriage-based green card. You should file an I-130 for her ASAP to establish her priority date, if you want her to get a green card. The longer you wait to file the I-130, the more you risk having her next L1 expire and being forced to leave the US before the final stage of the green card process (adjustment of status/I-485).
 
Last edited by a moderator:
jack,sarwarmd,

Thanks a lot for your help. Your knowledge is extraordinary.

Can you please tell me whether it is better for my wife

1. To travel to USA with existing L1 and file for L1 extension in USA

or

2. Apply for new L1 and go after getting L1 approved. In case of new L1 she needs to go to US
consulate for visa interview. Can there be issues there.

As per your recomendation I will apply for I 130 for her ASAP.

Thanks in advance.
 
zyx2002 said:
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) than applying for new L1.
Click to expand...

As I said before, being married to a GC holder or US will NOT cause denial of the L1. Tourist visas will frequently be denied for that reason, but they are not allowed to deny an L1 visa for having immigrant intent.

Her employer can apply for the extension while she is outside the US, and she should pursue whichever option is more convenient for her and her employer.

But if she doesn't get the new L1 stamped in her passport before the existing L1 expires, she should travel to the US before L1 expiration, as she'll be able to continue working after the old one expires as long as they applied for the new one before the old one expired.
 
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Jack,

You are truely outstanding and helpful. I think there are many in this forum who must be grateful to you
for your help.

I have a question for you.

I have heard that L1B visa rejection rate is very high in India (some are telling it is more than 60-70%).

If my wife's luck is bad and her visa gets rejected then when I go to USA will the officer tell me that
since my wife's L1B has been rejected and she wont be able to join me
I lack strong roots to USA (when I entered USA last time they
asked me if I am married, I told no on which the officer told since I dont have family ties in USA I lack strong roots
in USA).
 
zyx2002 said:
I have heard that L1B visa rejection rate is very high in India (some are telling it is more than 60-70%).
Click to expand...
L1 rejections happen because the applicant doesn't meet the required qualifications (specialized knowledge/managerial experience) or the job doesn't meet the required criteria, or the applicant is admissible (such as having a criminal record or past immigration violations).

But if she's going back to the same employer in the same job and didn't do anything wrong to make her inadmissible, the chance of rejection should be very low.
 
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