L1 questions

[bernadine]

Hi there,

1) I am transferring to the US with my company, intending to apply for L1 to open US branch of my UK company. I am a South African currently in the UK on a Tier1 Visa with Indefinite Leave to Remain. Do I need to go to South Africa to apply or can I apply in the UK?

2) My boyfriend is American and based in the US, if we get married, is it better for me to switch to another visa or to just keep my L1? What will get me LPR status quicker and be less hassle?

Thanks, any advice is appreciated!

Bernadine

[nicoeppersma]

Hi there,

1) I am transferring to the US with my company, intending to apply for L1 to open US branch of my UK company. I am a South African currently in the UK on a Tier1 Visa with Indefinite Leave to Remain. Do I need to go to South Africa to apply or can I apply in the UK?

2) My boyfriend is American and based in the US, if we get married, is it better for me to switch to another visa or to just keep my L1? What will get me LPR status quicker and be less hassle?

You can apply for the L-1 in the UK, since you have legal residency there.

I you choose to get married after you have the L-1 and relocated to the U.S., you will be able to receive a conditional greencard (valid for 2 years) within a year. After the first two years you can have the conditions removed.

The L-1 visa is a so-called "dual intent" visa, which means that you are allowed to have immigrant intent. However, during your visa interview, you must make sure that you make it very clear that the primary reason for your visa application is to open a US branch. If not, they will suspect visa fraud and may ask you to apply for the K-1.

Also, I would recommend you not to get married with the first 90 days if your U.S. stay. This is due to the 30-60-90 day rule which specifies that if you take any legal action which contradicts your initial application for admission (entering the country), this may prove malicious intent. (google: "issues of intent" for an example).