Published on Lawyers.com and the Epoch Times on September 30, 2016
Q & A.
Planning to Marry in US, Will it Be Change of Status (Expired L1 to L2) or Fresh L2?
I am working in Minneapolis and entered US on L-1B visa which expired in March 2015 and continue to work for my employer on I-94 valid till Jan 2017. My fiancée is working in Seattle and she is on her L-1B. Our wedding in India is scheduled for November, 2016. Since my visa is expired, I cannot enter back to the US post wedding till my L2 gets approved. So we intend to get married in US and start processing my L2 and EAD(required for employment) prior going to India so that I can work in US once we are back. 1. Are US marriage documents enough as marriage proof for L2 approval. 2. Is this going be a L1-L2 COS (change of status) for me or can I apply for a fresh L-2 visa from US? 3. If I apply for EAD and L2 together, are the processing times exclusive of each other or will EAD be processed only after L2 is approved. 4. Should we look at the option of traveling to neighboring countries like Jamaica, Canada and ask for L2 stamping on return to US?
Mr. Lee answers:
U. S. marriage documents should be sufficient in your case to show proof of marriage for L-2 approval with U.S.C.I.S. Under your plan, you would be making an application from L-1 to L-2 change of status. In our experience, the EAD can be approved approximately at the same time as the L-2 approval, but of course will not be approved until the principal application, the L-2, is approved. Your other question of whether you can travel to a neighboring country and ask for L-2 stamping and return to the U. S. could be made more complicated by the fact that it is a third country consulate and by possible extended questioning on the bona fides of your marriage and thus would not be recommended.
What is My First Step in Appling for Residency?
My husband and I just got married in June 27th of 2016. I wanted to get oriented of how the law is now and what is required?
Mr. Lee answers:
I must assume that your husband is a U. S. citizen and that you are both in the U.S., otherwise the question has variable answers. If you were inspected in coming to the country and have had no difficulties with Immigration or the police, you and your husband can submit a combined I-130 relative petition/I-485 adjustment of status application on your behalf to U.S.C.I.S. Instructions and forms are available on the U.S.C.I.S. website at www.uscis.gov. The paperwork is submitted to the U.S.C.I.S. lockbox in Chicago which will preprocess the paperwork and set you both up for an interview at the U.S.C.I.S. local field office. You should receive a receipt of filing within approximately 3 weeks and a notice of interview in approximately 6-9 months dependent upon your residence location.
How Long Will It Take to Fix My Husbandís Papers?
My boyfriend and I are planning to get married soon. When his family brought him to the U.S. they came in with a visa. He currently has a work permit because of the dream act. When we get married, about how long will the whole process to fix him papers take? He wants to join the Marines, will that help?
Mr. Lee answers:
In looking at present processing time charts of the U.S.C.I.S. field offices, Seattle is running about 6 months to an interview and Spokane 8 months. If the case is approved at the time of the interview, your husband could receive temporary proof of residence status, and the conditional green card would likely follow within 30-60 days. I do not believe that the immigration office will expedite an interview to allow him to join the Marines quicker.