What basis should I use to adjust my status in the US?

[disobedientavocado]

My fiancee and I applied for a K-1 visa last summer and we received it with no issues. Couple of months after that I got an offer from my job to take up a managerial role in the USA branch of my company and transfer there which I accepted. I then had to go through the L-1 visa process with my company as a sponsor - I received my L-1 and moved to the US in December.

My fiancee and I got married in the US shortly after my arrival and now, we are confused on which basis I should file for Adjustment of Status for a residence. I cannot do it through my employee (you have to wait 2 years for an AOS through an L-1) but I'm not sure if I can do it based on our marriage.

If I apply for an AOS through our marriage, can I still work based on my L-1 during the process that I am waiting for my employment authorization card? Thanks in advance!

[BlahBlah1846]

My fiancee and I applied for a K-1 visa last summer and we received it with no issues. Couple of months after that I got an offer from my job to take up a managerial role in the USA branch of my company and transfer there which I accepted. I then had to go through the L-1 visa process with my company as a sponsor - I received my L-1 and moved to the US in December.

My fiancee and I got married in the US shortly after my arrival and now, we are confused on which basis I should file for Adjustment of Status for a residence. I cannot do it through my employee (you have to wait 2 years for an AOS through an L-1) but I'm not sure if I can do it based on our marriage.

If I apply for an AOS through our marriage, can I still work based on my L-1 during the process that I am waiting for my employment authorization card? Thanks in advance!

Is your spouse a US citizen?

[newacct]

My fiancee and I applied for a K-1 visa last summer and we received it with no issues. Couple of months after that I got an offer from my job to take up a managerial role in the USA branch of my company and transfer there which I accepted. I then had to go through the L-1 visa process with my company as a sponsor - I received my L-1 and moved to the US in December.

My fiancee and I got married in the US shortly after my arrival and now, we are confused on which basis I should file for Adjustment of Status for a residence. I cannot do it through my employee (you have to wait 2 years for an AOS through an L-1) but I'm not sure if I can do it based on our marriage.

If I apply for an AOS through our marriage, can I still work based on my L-1 during the process that I am waiting for my employment authorization card? Thanks in advance!

You guys should file I-130 and I-485 and you would adjust status based on your US citizen spouse. If you had entered on K-1 you would have been able to file I-485 without an I-130, but you entered on L-1 so you have to file I-130 to establish the relationship also.

You can work on L-1 and your L-1 status will continue as long as you don't violate its conditions (though you can quit and not maintain status if you want to).

[disobedientavocado]

You guys should file I-130 and I-485 and you would adjust status based on your US citizen spouse. If you had entered on K-1 you would have been able to file I-485 without an I-130, but you entered on L-1 so you have to file I-130 to establish the relationship also.

You can work on L-1 and your L-1 status will continue as long as you don't violate its conditions (though you can quit and not maintain status if you want to).

isn't the I-130 if the person is not currently in the US or it doesn't make a difference?

- - - Updated - - -

Is your spouse a US citizen?

Yes he is

[newacct]

isn't the I-130 if the person is not currently in the US or it doesn't make a difference?

It's for both.

[kaylip]

Since the K1 was applied for first I would've continued with the process. Call customer service at USCIS and ask or just ask an immigration attorney.

[newacct]

Since the K1 was applied for first I would've continued with the process. Call customer service at USCIS and ask or just ask an immigration attorney.

No. One cannot adjust status on the basis of K-1 unless they entered on a K-1 visa and married within 90 days of that entry. And the OP's spouse cannot enter on K-1 anymore even if the visa were still valid as they have already married and is no longer a fiance.

[kaylip]

No. One cannot adjust status on the basis of K-1 unless they entered on a K-1 visa and married within 90 days of that entry. And the OP's spouse cannot enter on K-1 anymore even if the visa were still valid as they have already married and is no longer a fiance.

Hmm🤔 good point. So I guess they basically forfeited their application then.