Q: Can I enter the USA on L 1 B visa while married to a USC? I intend to apply for a green card after being in the US for a
I am a Canadian citizen who is getting married in November 2024 to a USC. My employer wants me to start a job in January 2025 in the States. My employer is going to sponsor me on an L1 visa, as a I meet all of the requirements for it. Will this be an issue applying for this visa after I am married to the USC? I know L1 visas are dual intent, but I am not sure if there will be an issue since I will not be getting my visa until after I am married.
A:
As a Canadian citizen married to a U.S. citizen (USC), you should be able to enter the United States on an L-1B visa without facing any significant issues, even after getting married. The L-1B visa is a nonimmigrant visa that allows intracompany transferees with specialized knowledge to work in the U.S. for a qualifying employer.
The L-1 visa category is considered "dual intent," meaning that you can enter the U.S. on this visa while also intending to apply for a green card in the future. Your marriage to a USC should not negatively impact your L-1B visa application or your entry into the United States.
However, it's essential to keep in mind that when applying for the L-1B visa, your employer must demonstrate that:
1. You have been employed by the company for at least one continuous year within the three years preceding the application.
2. You are being transferred to a U.S. branch, parent, affiliate, or subsidiary of the same company.
3. You possess specialized knowledge essential to the company's operations in the United States.
After entering the U.S. on an L-1B visa, you can then proceed with applying for a green card through your marriage to a U.S. citizen. This process is known as "Adjustment of Status."
To ensure a smooth process, it's advisable to consult with an experienced immigration attorney who can guide you through the L-1B visa application process and the subsequent green card application.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
