Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Non-Immigrant Visas
Click to log in with Facebook
Non-Immigrant Visas All Non Immigrant Visas - B/H/F/J...

Reply
 
Thread Tools Display Modes
  #1  
Old 02-04-2009, 03:56 PM
l1visa_question l1visa_question is offline
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 3
l1visa_question is on a distinguished road
Default URGENT: H1B to L2 COS

Hi,

My Fiance entered the US on a valid H1B visa and has a I-94 till September 2011, due to current economic conditions, the H1 company has asked her to go back to home country and will also be providing a air ticket for the same.

I am working in US on a L1B visa which is valid till december 2009, my fiancee and I are not married yet, however we are planning to get married in the US and then apply for a COS to L2.

Is there any problem with the process we are following? Here are few questions I would want to get information about. We have the paystubs from my fiances

1. Will we able to get married in the US and then apply for a COS?
2. If we get a air ticket from my Fiances company, and do not leave the US, will there be any problems for us?
3. How soon do we have to apply for a COS, taking into consideration that the marriage may take upto a week or so.
4. How long does it take for a COS from H1 to L2?
5. Any other pointers will be highly appreciated.

Thanks
Bookmark and Share Compare Reply With Quote


  #2  
Old 02-04-2009, 05:31 PM
reddog reddog is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 193
reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of
Default

Answers in blue:

Quote:
Originally Posted by l1visa_question View Post
Hi,

My Fiance entered the US on a valid H1B visa and has a I-94 till September 2011, due to current economic conditions, the H1 company has asked her to go back to home country and will also be providing a air ticket for the same.

I am working in US on a L1B visa which is valid till december 2009, my fiancee and I are not married yet, however we are planning to get married in the US and then apply for a COS to L2.

Is there any problem with the process we are following? Here are few questions I would want to get information about. We have the paystubs from my fiances

1. Will we able to get married in the US and then apply for a COS?
Yes, you can get married in the US, you will have to register the marriage in your home country as both of you are non-citizens.
As she is falling out of status, she will would have to apply for the visa abroad. you need to confirm this with your attorney. It is better to transfer to a new H1.


2. If we get a air ticket from my Fiances company, and do not leave the US, will there be any problems for us?
If she is able to change her status here, why should she worry about the tickets her cos giving her? she is not bonded labor.

3. How soon do we have to apply for a COS, taking into consideration that the marriage may take upto a week or so.
Assuming that the change of status is possible, apply for COS the day you register marriage.
4. How long does it take for a COS from H1 to L2?
I believe, once the application is accepted, you can assume COS. If it gets denied, you are out of status.
Please consult a good attorney who specializes in marriage and immigration. Answers to 3 and 4 needs to be confirmed from some expert.

5. Any other pointers will be highly appreciated.
Best case scenario in this case would be to travel to your home country, get married there, your wife applies for L2 and she travels back on the new visa.

Thanks
Bookmark and Share Compare Reply With Quote


  #3  
Old 02-04-2009, 05:52 PM
l1visa_question l1visa_question is offline
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 3
l1visa_question is on a distinguished road
Default

Thanks for your quick reply I do appreciate it. However I have another question related to one of the answers you gave, would be really thankful if you can reply to it

1. Will we able to get married in the US and then apply for a COS?
Yes, you can get married in the US, you will have to register the marriage in your home country as both of you are non-citizens.
As she is falling out of status, she will would have to apply for the visa abroad. you need to confirm this with your attorney. It is better to transfer to a new H1.

If we get married in US, can she legally stay back here before and apply for COS?

When do we need to register the marriage here? Do we need to go back to the home country to do that?

Thanks in advance for your time.
Bookmark and Share Compare Reply With Quote


  #4  
Old 02-04-2009, 05:58 PM
l1visa_question l1visa_question is offline
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2009
Posts: 3
l1visa_question is on a distinguished road
Default

I must add that the current company has not cancelled the Visa yet, so we are in status right with a minor gap, as we have received paystubs till Jan 2009.
Bookmark and Share Compare Reply With Quote


  #5  
Old 02-05-2009, 01:36 PM
reddog reddog is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Sep 2006
Posts: 193
reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of reddog has much to be proud of
Default

Quote:
Originally Posted by l1visa_question View Post
Thanks for your quick reply I do appreciate it. However I have another question related to one of the answers you gave, would be really thankful if you can reply to it

1. Will we able to get married in the US and then apply for a COS?
Yes, you can get married in the US, you will have to register the marriage in your home country as both of you are non-citizens.
As she is falling out of status, she will would have to apply for the visa abroad. you need to confirm this with your attorney. It is better to transfer to a new H1.

If we get married in US, can she legally stay back here before and apply for COS?

When do we need to register the marriage here? Do we need to go back to the home country to do that?

Thanks in advance for your time.

according to the Indian marriage act of 1969, you can get married outside the country and apply for a Marriage certificate at the Indian Embassy(consulate).
Call your local indian consulate and ask about getting married here and getting certified by them. you might have to get married in presence of a indian consulate officer for the marriage to be solemnized.
as far as the COS goes, consult a lawyer.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
H4 to F1 (Urgent) greencard_aspirant Non-Immigrant Visas 36 05-27-2012 07:25 PM
Urgent - Please HELP !! CaveMan232 Out of status, employment gap and status revalidation 2 06-02-2010 09:49 PM
Urgent urgent please reply unable to logon to uscis website to check case status kamakya All other Green Card Issues 6 01-08-2009 11:29 AM
URGENT/URGENT Help Needed pady AC21 Portability after 180 days of 485 filing 1 01-04-2009 01:42 AM
F1->H4, how about OPT EAD???URGENT emeraldth Non-Immigrant Visas 3 07-24-2007 02:39 PM



All times are GMT -4. The time now is 05:07 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org