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Immigration Issues/Fiance visa in progress; Fiance in L-1 status currently

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Question
Hi Ajay,

I am a U.S. citizen living in Texas.  During his visit to the U.S., my fiancee and I filed the Fiancee Visa paperwork.  The I-129F is currently in progress and in review status.  When he returned to Canada (he is a Spanish citizen, working on a work visa through his employer in Canada), his employer agreed to relocate him to Austin, TX.  This process happened quickly and he now has an L-1 visa to work in the U.S.  He will be moving here in December.  Can you offer advice on our next steps?  What happens now with the Fiancee visa?  Can we marry on the L1 and apply for a change in status?  Do I have to cancel our original request?

Thank you in advance for your response.

Victoria

Answer
Hi,

Assuming that your fiance is maintaining his L1 status (through employment with the sponsoring employer), it is best to withdraw the I-129F petition filed with the USCIS. A simple letter requesting withdrawal is sufficient; no need to state the reason for withdrawal.

I also recommend waiting at least 60 days after submitting the withdrawal letter to the USCIS before you and your fiance consider marriage. Upon marriage, all sponsorship paperwork can be filed concurrently and your spouse (when you are married) will not be required to depart the U.S.: http://www.h1b1.com/practices/marriage-to-a-u-s-citizen/

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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