Troy, MI asked in Immigration Law for Michigan

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.

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

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.

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