L1A , L2 Visa

[findshail]

Hello,

I recently converted my L1B to L1A. I have got an approved petition and me and my wife are planning for vacation and would need to get the Visa stamped while returning. If my wife gets her Visa stamped first and lets say it gets approved and later my Visa gets rejected. Will my wife be able to travel back to US for winding up the things ?

Thx

[raghvi]

Hello,

I recently converted my L1B to L1A. I have got an approved petition and me and my wife are planning for vacation and would need to get the Visa stamped while returning. If my wife gets her Visa stamped first and lets say it gets approved and later my Visa gets rejected. Will my wife be able to travel back to US for winding up the things ?

Thx

Is your wife going to attend L2 visa interview or any other visa? If it is L2 I don't see how your L1A will get rejected but her L2 will get approved.

This is my opinion not legal advice.

[findshail]

Thx Raghvi.

My Wife will be stamping L2 Visa. I asked this question as my wife will be stamping her L2 visa 2 months ahead of me. That can be a good indication if my Visa will get approved or rejected. If her Visa gets approved then my L1A Visa will also get approved and vice-versa.

[raghvi]

I don't know if that is a logical way of looking at things. There is no vice versa with L1 and L2 . If going separately both applications will be treated separately and will be adjudged based on relative merits. If your spouse is traveling before you, and you continue to stay in US then she can go for L2 visa with your L1 approved petition. Even then there is no guarantee that she will get the visa, she can be put in admin processing too. If you both travel together and outside US at time for L2 visa then VO will certainly ask why spouse has not come for visa. Even if she manages to get L2 visa, and you travel later on and for some reason get stuck in admin processing or delays, she will be questioned when entering US on L2 as to why spouse is not with her. Lastly she should avoid stay in US with a valid L2 when spouse is not along with her .

This is my opinion not legal advice.