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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 102506
Experience:  Private practice in several areas, including immigration
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I"m on an L1-A but just got terminated. I have a wedding

Customer Question

I"m on an L1-A but just got terminated. I have a wedding planned in 2 weeks with my US Citizen fiance (we've been together 3.5 years and only in america for 2.5 years. We met and lived together in Canada). Do i have to leave immediately?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: We planned to apply for Marriage Based Green Card shortly after our wedding
JA: Have you talked to a lawyer yet?
Customer: Not for this matter, no.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Ely replied 11 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. An L-1 visa does not provide a set number of days to remain in USA once the employment is terminated. Once employment is terminated, the L-1 visa ends as well. The individual is expected to leave USA as soon as possible. However by default, an automatic ban will not apply unless one overstays by 180+ days. This gives the person a few days/weeks to finalize their affairs before leaving.

While the less than 180 days may be asked about in a later visa application, the consular agent should normally know that due to the L-1 issue, one normally stays over a few days/weeks to finish affairs before leaving so it should not be an issue.

Anything longer, and one would want ot file an I-539 to to change status to a B-2 visitor visa. The problem with that is that a B-2 visa does not allow dual intent, so if USCIS learns that the B-2 is to attend one's own wedding, it may be denied. However because you say that the wedding is within 2 weeks - a reasonable amount of time in the scope of "finalizing affairs," this likely will not be an issue - I am only including this paragraph in an FYI matter.

After the marriage, the I-130/I-485 can be filed. USCIS will likely adjust you to a greencard based on marriage even if you are out of status provided that

1) You originally entered lawfully,

2) You have no criminal record or are a terror threat, and

3) The marriage is genuine.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 11 months ago.
Thank you.Does being a Canadian affect anything? I know Canadians don't need specific visas to travel to the USA
Expert:  Ely replied 11 months ago.
Well, you are not going to be adjusting for the B-2 visa, correct? You will simply stay, marry, and file the I-130/I-485 immediately afterwards, correct?
If so, then no - being Canadian does not change the answer.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 11 months ago.
That is my plan yes. To be married shortly then file immediately for marriage based green card.
Expert:  Ely replied 11 months ago.
Then yes, my answer stands as is. Canadian nationality does not affect the answer. It neither makes gives advantage or makes it harder.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 11 months ago.
Well I did enter lawfully on my L1 but it's no longer valid. I'm assuming I can stay and carry out my plans as I had them set.
Expert:  Ely replied 11 months ago.
Right. The PROPER thing would be to go back, and then have her petition for you on a fiance visa.
But if you remain and marry, then again, USCIS should adjust someone in your situation to a greencard provided that the factors I listed are true.
It would not matter if your L-1 had expired - it matters more that you entered with a valid visa originally.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 10 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!