If you’re working in the U.S. on an L-1 visa, you might be eligible for a green card through your job. However, this usually requires your employer to sponsor you, and the process can be long and complicated.
Luckily, if your spouse is a U.S. citizen or permanent resident, you may qualify for a marriage-based green card, which can often be a faster and simpler option than an employment-based one. In this guide, we’ll walk you through the process of switching from an L-1 visa to a marriage green card so you can decide the best path forward.
Who Should Consider a Marriage-Based Green Card?
Whether or not a marriage-based green card is the right option for you depends on your L-1 visa status and your spouse’s citizenship status. Spouses of U.S. citizens typically have a quicker path to a green card, while spouses of green card holders may face some wait times.
If You Have an L-1A Visa (Manager or Executive)
As an L-1A visa holder, you may be eligible for the EB-1 green card, a category for multinational managers and executives. The great news is that this visa doesn’t require labor certification, which means the process is usually easier.
- If your spouse is a U.S. citizen: A marriage-based green card is likely the simplest path to a green card. Since you don’t need to prove your employment or involve your company, this can save you time and effort.
- If your spouse is a green card holder: You might still consider applying for an EB-1 green card, as it’s generally straightforward for L-1A visa holders.
If You Have an L-1B Visa (Specialized Employee)
As an L-1B visa holder, you might be eligible for an EB-2 green card, which is meant for individuals with advanced degrees or specialized skills. However, the EB-2 process usually requires labor certification from your employer, which can be expensive and time-consuming.
- If your spouse is a U.S. citizen: The advantage of applying for a marriage-based green card is clear. You can apply immediately without waiting for a visa to become available, unlike the EB-2 route.
- If your spouse is a green card holder: You may need to wait for a visa number to be available before applying for a marriage green card, but this process may still be quicker than pursuing an EB-2.
Steps to Switch from an L-1 Visa to a Marriage-Based Green Card
The L-1 visa allows individuals to apply for a green card through the Adjustment of Status (AOS) process, meaning you can apply from within the U.S. This “dual intent” visa makes it easier for L-1 holders to transition to permanent residency. Alternatively, you can apply for a green card through consular processing if you prefer to do so from outside the U.S.
If You’re Married to a U.S. Citizen
- Submit Forms: You and your spouse must file the following forms:
- Form I-130 (Petition for Alien Relative): Completed by your U.S. citizen spouse.
- Form I-485 (Application to Adjust Status): Completed by you, the L-1 visa holder.
- Work While You Wait: You can continue working in the U.S. under your L-1 visa while your green card application is pending. You may also apply for an Employment Authorization Document (EAD), which allows you to work even if your L-1 visa expires.
- Travel Considerations: You can travel abroad with your L-1 visa, but if your visa expires or you change employers, it may impact your green card application. It’s recommended to apply for an Advance Parole Document (APD) if you plan to travel, so your green card process doesn’t get abandoned.
- Timeline: If everything goes smoothly, you can expect your green card to be processed in about 10-13 months.
If You’re Married to a Green Card Holder
- File Forms: You’ll first need to file Form I-130 with your spouse, which proves your relationship.
- Wait for Visa Availability: If your spouse is a green card holder, you must wait for a visa number to become available before you can proceed with the next steps. This process may take longer than if you were married to a U.S. citizen.
- Adjustment of Status (AOS): Once a visa number is available, you can proceed with filing Form I-485 to adjust your status to a permanent resident.
- Timeframe: If your visa number is available while you’re still in L-1 status, you’ll likely receive your green card in about 29-38 months. If your visa number becomes available after your L-1 visa expires, you may need to complete the process through consular processing, which could take 23-32 months.
Important Update: Visa Bulletin Change (March 2023)
As of April 2023, the F-2A family-based category (spouses and children of green card holders) is no longer “current.” This means there may be longer waiting times for spouses of green card holders. However, the “Dates for Filing” remain current, allowing you to file your green card application even if a visa isn’t immediately available.
Special Considerations for L-1 Visa Holders
Timing is Key:
If you’re married to a green card holder and want to apply for a green card while staying in the U.S., ensure that you have enough time left on your L-1 visa to begin the adjustment process before it expires.
Avoid Overstaying:
Be cautious not to overstay your visa. If you do, you might face restrictions on re-entering the U.S. in the future. Consult with an immigration attorney if you’re unsure.
Green Card Through Your Spouse vs. Employer:
A marriage-based green card is usually quicker and less complicated than one through your employer. If you have the option, applying through your U.S. citizen spouse is often the preferred choice.
Switching from an L-1 visa to a marriage-based green card is often a more direct and less complicated process, especially if your spouse is a U.S. citizen. Understanding the steps and timing involved can help you decide whether this route is right for you. Whether through your employer or your spouse, it’s important to carefully plan your green card application to ensure the best chance of success.
For personalized guidance, consider consulting with an immigration expert or using services like Boundless to streamline your green card process.
