# L2 or CR-1?



## Whitby (Jun 20, 2011)

Hi all, just looking for a little advice on a query I had. Any advice would be gratefully received!

*Facts:*

I (UKC) am married (fewer than two years) to my wife (USC). We currently live in London, UK. Wife has dual-nationality (possesses both a US passport and an EU-region passport). Wife is being transferred within her company to their NYC office, and I want to accompany her as soon as possible. I would have to quit my UK job (no chance of being transferred internally, and no chance of getting a job in my current field in NYC - I am a lawyer and, for non visa-worrying reasons, am ineligible for the NY bar). 

*Question:*

Presumably my wife's firm will not bother arranging a visa for her (no need, as she is a USC) so I imagine I cannot then accompany her on an L-2 visa (as it derives from the spouse's L-1 visa status) - is this right?

Is my only option then (other than the VWP and subsequent AOS - which seems a bad idea and potentially fraudulent) to apply for a CR-1 ("Green Card")?

The problem seems to be that an L-2 visa would be quicker to obtain (and with subsequent Form I-765, I could start looking for work sooner) than a CR-1 so, in effect, in this situation my wife and are are losing out because she's a USC and not a foreign national! 

Is it, though, an horrendous idea for her to get the L-1 visa through her EU-passport (allowing me to obtain an L-2 and start working once I-765 approved) and then either enter the US on her US passport (never 'validating' the L-1 visa) or even enter on her EU passport, with me applying for a CR-1 while in the US on my L-2 visa? 

It goes without saying I suppose but, for what it's worth, I imagine the firm in question would prefer not to have the hassle of obtaining the L-1 visa for my wife...

*Apology for poor explanation of the problem:*

It seems complex (and I may sound impatient) but it seems I have to choose between (i) remaining employed in the UK for 8-10 months while CR-1 is processed and missing my wife, or visiting the States on VWP (for fewer than 90 days at a time) and; (ii) keep travelling back and forth to the UK while CR-1 is processed, racking up air fares all while not earning!

If I have to wait 8-10 months for a CR-1 then so be it, but I can't believe this is the only/best option!

Kind regards,

Whitby


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## Fatbrit (May 8, 2008)

Your wife cannot enter the US other than as a US citizen. So the L1 idea is out.

CR1 could be down to 6 months or so if she files the I-130 directly with the USCIS unit in London BEFORE she leaves.

The VWP/AOS route is, as you realise, dicey. Are you feeling lucky?

Other ideas -- F! student. MAy be difficult to prove your return home and is certainly expensive, but does not take a long time to process. AOS from F1 status is far less dicey.


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## Whitby (Jun 20, 2011)

Thanks FatBrit.

Hmmm, I was in the States on an F1 visa when I was younger and seem to remember it being fairly smooth. However, as you say, pretty expensive and a big commitment I suppose.

Six months is a pain (but preferable to the alternative of filign from the States I guess) and I note we need to do BEFORE she leaves the UK for the US. Suppose I should start today! 

Thanks a lot for the advice - much appreciated.

Whitby


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## Fatbrit (May 8, 2008)

Whitby said:


> Thanks FatBrit.
> 
> Hmmm, I was in the States on an F1 visa when I was younger and seem to remember it being fairly smooth. However, as you say, pretty expensive and a big commitment I suppose.
> 
> ...


You can still visit while the petition is processing, although you should take additional evidence that you are not emigrating on that particular trip since CBP will know about the petition and this will increase their paranoia. You'll be busy the last couple of months anyway getting jabbed, ordering documents, smiling at the interview, and tidying up your UK affairs.


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## Whitby (Jun 20, 2011)

Thanks again. So, if my wife submits the I-130 while in the UK, is she not able to submit the Affadvait of Support (I-864) at the same time, as she isn't domiciled in theUS at the time?

Apologies, the I-864 particualrly concerns me, as it's not mentioned on the US Embassy, London checklist for Alien Spouse petitions but I think it's needed, isn't it? Please God don't make me have to ask my father-in-law to do it... 

*Ahh, please ignore! I see you have to accompany the I-864 with a letter from my wife explaining she has the bona fide intention of relocating her domicile to the US. Bizarre way of doing things if you ask me, but mine not to reason why...*


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## twostep (Apr 3, 2008)

Whitby said:


> Thanks again. So, if my wife submits the I-130 while in the UK, is she not able to submit the Affadvait of Support (I-864) at the same time, as she isn't domiciled in theUS at the time?
> 
> Apologies, the I-864 particualrly concerns me, as it's not mentioned on the US Embassy, London checklist for Alien Spouse petitions but I think it's needed, isn't it? Please God don't make me have to ask my father-in-law to do it...
> 
> *Ahh, please ignore! I see you have to accompany the I-864 with a letter from my wife explaining she has the bona fide intention of relocating her domicile to the US. Bizarre way of doing things if you ask me, but mine not to reason why...*


Aa an attorney you should be able to read the WHOLE I-864!!!
You do not necessarily have to be bared to work for a firm in NY. Use Martindale to do some research on firms with ties to the UK.


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## Fatbrit (May 8, 2008)

Whitby said:


> Thanks again. So, if my wife submits the I-130 while in the UK, is she not able to submit the Affadvait of Support (I-864) at the same time, as she isn't domiciled in theUS at the time?
> 
> Apologies, the I-864 particualrly concerns me, as it's not mentioned on the US Embassy, London checklist for Alien Spouse petitions but I think it's needed, isn't it? Please God don't make me have to ask my father-in-law to do it...


Follow instructions here: Filing I-130/I-360 | Embassy of the United States London, UK

The process is two part. In the first part with the I-130 petition they establish that your wife: is qualified to file directly to USCIS office London, is a USC, and that you're married. That's end of part one.

Part two is the visa bit. Then you'll need the I-864 and a pile of other stuff. Your wife will need earnings at that time of 125% of the federal poverty guidelines or capital @ 3x. For two people, 125% is around $20k! If she can't meet that, then it's FIL time.

Establishing domicile doesn't sound like it's going to be an issue in your case -- your spouse will already be working in the US when you apply for the visa.


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## Ducass (Aug 4, 2011)

I don't remember all the actual doc's etc, but when we left South Africa, (my wife USC, me CR1 visa) I got all my docs together (sure yours are much the same), I made an appojtment 2 weeks later and literally did my interview on Tuesday lunchtime and had an approved CR1 THE NEXT DAY!!!!

No lies!


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## Whitby (Jun 20, 2011)

That's fantastic. I'd be happy with it taking twice that time - though I think six months seems to be the shortest I can expect..! Not sure if they slow down over Christmas as well, so might have to add a few weeks on for that. 

Still, it's a long-term plan so I appreciate there'll be long waits and a lot of administrative work ahead...


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## Whitby (Jun 20, 2011)

Sorry - one last question: it seems the route of filing the I-130 then, on receipt of the I-797 confirmation, filing for a K-3 visa is no longer a good option. All the info is still on the USCIS website but, from looking around, it seems that doesn't help in about 99.9% of cases, and wouldn't in mine - is that a fair assessment?


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## Fatbrit (May 8, 2008)

Whitby said:


> Sorry - one last question: it seems the route of filing the I-130 then, on receipt of the I-797 confirmation, filing for a K-3 visa is no longer a good option. All the info is still on the USCIS website but, from looking around, it seems that doesn't help in about 99.9% of cases, and wouldn't in mine - is that a fair assessment?


The K3 takes around the same amount of time but only gets you half way through the process -- you would still need to adjust status in the US. The K3 was introduced when they were taking years rather than months over immigrant visa applications. Currently, it's pointless.


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## Whitby (Jun 20, 2011)

Thanks FatBrit - appreciate the help!


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## dis00 (Aug 15, 2010)

Hi,

Sorry to jump on this thread but I have found it very helpful as my fiancee (USC) and myself (UKC) are in a similar position but I have a few questions I was hoping I could get answered.

We are due to be married in January in the UK and then after that we will apply for the CR1 visa afterwards. My fiancee is graduating from college in December and is unlikely to have a job between then and the wedding. Her father will co-sign the visa application to prove that I can be supported until I find work, is this possible? Also, I will have £7,000 when I make the journey, will they take that into account?

thanks in advance

Dean


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## Ducass (Aug 4, 2011)

dis00 said:


> Hi,
> 
> Sorry to jump on this thread but I have found it very helpful as my fiancee (USC) and myself (UKC) are in a similar position but I have a few questions I was hoping I could get answered.
> 
> ...


My wife just had to declare her income was above the poverty level. She didn't have a job yet, but with her education etc it was reasonable to expect she would be able to support us in need.

It worked for us, not sure...


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