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Immigration Issues/L1 visa holder getting married


QUESTION: My boyfriend is getting L1 visa and is going to work in the US from April. We are together for 7 years now. Since we are not married, I can only get a tourist visa.
1) What happens if we get married in October this year? Can I apply after his L1 visa for a L2 visa?
2) What is the process to get the L2 visa? We are both Swiss.
Thanks for your help
ANSWER: Yes, you are eligible to get an L2 visa once married.

There are two ways:  If in the U.S. and you arrive on a B2 visa you can change your status in the United States to L2.
If you use the visa waiver program and enter with that and not a B2 visa then you may have to return to your country and apply for an L2 visa at the U.S. consulate there.

If you would like to further discuss this matter you may contact me through
Mark Ashley

---------- FOLLOW-UP ----------

QUESTION: I will be on the visa waiver program so I guess I will have to return in Switzerland to get my L2.
I have another question: If I stay in the U.S. for 90 days (the maximum), do you know how long I have to stay outside the U.S. until I can come back ?

There is no minimum or maximum amount of time to stay out of the country.  If the port of entry officer feels that you have a legitimate nonimmigrant purpose to enter the US again then they will let you enter if they think that you are misusing the visa process then they may refuse entry.  Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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