When to apply for Green Card?

[MARM]

Hi all,

I recently got married, my wife is a naturalised US citizen.
I am currently on an L1-B visa my I-94 expires until 2020 but my visa expires on February 2018. We want to leave the country on December for vacation, I want to know when would be the best time to apply for GC:
After returning from vacation (December 2017), basically I think I could re-enter on my L1-B visa.
Or should is start the GC process now and try to get EAD/AP before my travel?

Thanks!

[newacct]

It doesn't matter when you apply for AOS (assuming you are even at a stage where you can apply for AOS). Even if you have AOS pending, you can still travel abroad even if you haven't gotten AP, and return on your L1 visa.

[MARM]

assuming you are even at a stage where you can apply for AOS

Thank you very much, is there a wait time to apply for AOS? or what do you mean by the comment above?

[Trinity71]

Hi all,

I recently got married, my wife is a naturalised US citizen.
I am currently on an L1-B visa my I-94 expires until 2020 but my visa expires on February 2018. We want to leave the country on December for vacation, I want to know when would be the best time to apply for GC:
After returning from vacation (December 2017), basically I think I could re-enter on my L1-B visa.
Or should is start the GC process now and try to get EAD/AP before my travel?

Thanks!

You're here in the U.S. and you married a U.S. citizen, so you can file for AOS whenever you want to. If you do go ahead and file, I would recommend filing for the AP. I would think assuming you could leave while there is a pending AOS without it causing abandonment of application or that you would be able to re-enter on the L1 would be somewhat of a risk.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[newacct]

Thank you very much, is there a wait time to apply for AOS? or what do you mean by the comment above?

Sorry I didn't read the part about your wife being a US citizen. You can apply for AOS any time.

[MARM]

I had my dates wrong my Visa expires on January 15th and I'm planning on returning to the US on December 19 would I still be allowed entry to the US if I haven't started the GC process or applied for a new visa?

Do I have enough time to start the GC process and obtain AP?

Thanks

[newacct]

I had my dates wrong my Visa expires on January 15th and I'm planning on returning to the US on December 19 would I still be allowed entry to the US if I haven't started the GC process or applied for a new visa?

Do I have enough time to start the GC process and obtain AP?

Thanks

As long as you have maintained L1 status before you left, you can return on your L1 visa regardless of whether you have filed AOS or not.

You don't need "enough time" to start the GC process; you can file AOS any time.

[MARM]

As long as you have maintained L1 status before you left, you can return on your L1 visa regardless of whether you have filed AOS or not.

You don't need "enough time" to start the GC process; you can file AOS any time.

Thanks! I'm just wondering if I could be denied entry at PoE since my visa would expire 1 month after attempting to re-enter and I wouldn't have a new visa application on place or a green card application.

Thanks!

[newacct]

Thanks! I'm just wondering if I could be denied entry at PoE since my visa would expire 1 month after attempting to re-enter and I wouldn't have a new visa application on place or a green card application.

Thanks!

It should probably be fine as long as you are continuing your work on L1. But note that if you are not extending your L1, you have no way of working once your L1 stops until you get your EAD. If you are expecting to not have a break in employment, you probably want to file AOS along with EAD/AP as soon as possible in order to get the EAD before your L1 ends.

[MARM]

It should probably be fine as long as you are continuing your work on L1. But note that if you are not extending your L1, you have no way of working once your L1 stops until you get your EAD. If you are expecting to not have a break in employment, you probably want to file AOS along with EAD/AP as soon as possible in order to get the EAD before your L1 ends.

Thanks! I'm planning to apply for AOS before this month ends, but since my I-94 expires on 2020 I was under the idea that I would be able to keep working under L1 (at least until the EAD arrives) even if the visa expired.

[newacct]

Thanks! I'm planning to apply for AOS before this month ends, but since my I-94 expires on 2020 I was under the idea that I would be able to keep working under L1 (at least until the EAD arrives) even if the visa expired.

Oh sorry, I didn't read that part. Yeah, if your L1 petition lasts for a few more years, they shouldn't have any issues with it. A visa is only for entry and the visa's expiration date is simply the last day on which you can enter with that visa.

[MARM]

Oh sorry, I didn't read that part. Yeah, if your L1 petition lasts for a few more years, they shouldn't have any issues with it. A visa is only for entry and the visa's expiration date is simply the last day on which you can enter with that visa.

Thank you, I've decided to renew the visa, since I am travelling to my country anyways, might as well renew it and have more time on that visa and a more relaxed timeline for AOS.

I sincerely appreciate your help.

[newacct]

Thank you, I've decided to renew the visa, since I am travelling to my country anyways, might as well renew it and have more time on that visa and a more relaxed timeline for AOS.

I sincerely appreciate your help.

Your timeline for AOS isn't affected. There's no reason to get a visa unless you need to re-enter the US after it expires.