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 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.
Can an L-1 Visa Holder Apply for a Green Card Through Marriage?
L-1 visa holders can transition to a marriage-based Green Card, allowing them to obtain lawful permanent residency in the United States. This process includes several steps and you can complete it through either Adjustment of Status (AOS) or Consular Processing, depending on where you are located.
Adjustment of Status vs. Consular Processing
Adjustment of Status (AOS) is available for L-1 visa holders residing in the U.S. This option allows them to apply for a Green Card without leaving the country. After marrying a U.S. citizen or Green Card holder, the U.S. spouse files Form I-130 (Petition for Alien Relative) to establish the legitimacy of their marriage. Once approved, the L-1 visa holder can file Form I-485 (Application to Register Permanent Residence or Adjust Status).
Consular Processing is necessary if the L-1 visa holder is outside the U.S. In this scenario, after the I-130 petition is approved, they will complete their application at a U.S. consulate in their home country using Form DS-260. This process typically takes longer due to additional steps involved.
Step-by-Step Process to Transition from L-1 Visa to a Marriage-Based Green Card
- Marriage to a U.S. Citizen or Green Card Holder: The couple must be legally married, with the marriage recognized in the jurisdiction where it took place. It’s essential that the marriage is bona fide and not solely for immigration purposes.
- File Form I-130 (Petition for Alien Relative): The U.S. spouse submits this form to prove the legitimacy of their marriage, along with required documents such as a marriage certificate and evidence of their relationship.
- File Form I-485 (Adjustment of Status): For those applying from within the U.S., this form is necessary to adjust status from L-1 visa holder to lawful permanent resident. Required documentation includes a medical examination report and an affidavit of support.
- Concurrent Filing (if applicable): If eligible, both forms I-130 and I-485 can be filed simultaneously, which may expedite processing.
- Biometrics Appointment: After filing, the applicant will attend an appointment for fingerprinting and photographing for background checks.
- Marriage-Based Green Card Interview: Both spouses must attend an interview where they will be asked questions about their relationship to verify its authenticity. Questions may cover daily activities and future plans together.
- Approval and Green Card Issuance: Once approved, USCIS will issue a conditional Green Card if your marriage is less than two years old at the time of approval. Otherwise, you will receive a permanent Green Card.
- Removing Conditions: If issued a conditional Green Card, couples must file Form I-751 within 90 days before it expires to remove conditions and obtain a permanent Green Card.
Considerations for L-1 Visa Holders Transitioning to a Marriage Green Card
L-1 visa holders can adjust their status without leaving the U.S., provided they are in lawful status. This advantage allows them to avoid consular processing complications and continue working during the adjustment process by applying for work authorization (EAD). However, potential complications may arise if they have overstayed their visa or violated their status.
Special Considerations for L-1A vs. L-1B Holders
L-1A holders (executives/managers) may have more streamlined options for permanent residency through employment-based Green Cards but can still pursue marriage-based applications effectively. In contrast, L-1B holders (specialized knowledge workers) may face more challenges if transitioning jobs post-marriage affects their immigration status.
How the Two-Year Conditional Green Card Works
If USCIS grants a conditional Green Card because the marriage was less than two years old at the time of approval, couples must file Form I-751 together within 90 days before expiration to remove the conditions and receive a full ten-year Green Card. It’s crucial to demonstrate that the marriage remains intact during this period.
Challenges and Common Pitfalls in Transitioning from L-1 Visa to Green Card
Proving that the marriage is bona fide is critical; failure to do so can lead to accusations of fraud and application denial. Timing issues may arise if an L-1 visa expires before completing the application process, necessitating careful planning regarding travel and employment during this period.
How Long Does the Process Take?
Processing times vary but generally average around 10 months for both I-130 and I-485 applications combined. Factors such as service center backlogs and document completeness can significantly influence these timelines.
Legal and Financial Considerations
Consulting an Immigration Attorney: It is highly advisable to consult with an immigration attorney who specializes in family-based immigration. An attorney can provide guidance throughout the process, ensuring that all forms are completed accurately and submitted on time. Their expertise can help navigate complex legal requirements and avoid common mistakes that could lead to delays or denials.
Costs Involved: The financial aspects of transitioning to a Green Card include several fees:
- Legal Fees: Attorney fees can vary widely based on the complexity of the case and the attorney’s experience. It’s essential to discuss fees upfront.
- Filing Fees: As of 2024, filing Form I-130 costs $535, while Form I-485 costs $1,140. These fees are subject to change, so it’s important to verify current amounts.
- Additional Costs: Other expenses may include medical exams (typically around $200-$500), biometrics fees ($85), and any necessary document translations.
Financial Requirements for the U.S. Spouse: The U.S. spouse must demonstrate sufficient income to support their foreign spouse by submitting an Affidavit of Support (Form I-864). This form requires proof of income that meets or exceeds 125% of the federal poverty line for their household size. If the U.S. spouse’s income is insufficient, they may need a joint sponsor.
Risks and Pitfalls to Avoid
Common Mistakes: Many applicants make errors that can jeopardize their applications. Common pitfalls include:
- Incomplete Applications: Ensure all forms are filled out completely and accurately.
- Missing Deadlines: Keep track of all deadlines for filing forms and responding to requests for additional information.
- Failing to Provide Necessary Documents: Gather all required documentation beforehand to avoid delays.
Changing Employers During the Process: For L-1A visa holders, changing employers can complicate the Green Card application process. If the applicant transitions to a new employer while their application is pending, it may affect their eligibility for the marriage-based Green Card unless they have a new employer willing to sponsor them.
Public Charge Rule: Under current immigration policies, applicants must demonstrate they will not become a public charge. This means the U.S. spouse must prove they can financially support their foreign spouse without relying on government assistance. This requirement has become stricter under recent regulations, so it’s vital to ensure adequate financial documentation is provided.
After Receiving the Green Card
Once a Green Card is issued, several rights and responsibilities come into play:
- Rights of Permanent Residents: Green Card holders can live and work in the U.S. indefinitely, travel outside the country, and apply for U.S. citizenship after meeting residency requirements.
- Applying for U.S. Citizenship: After three years of holding a Green Card through marriage to a U.S. citizen (or five years for other categories), individuals may apply for citizenship through Form N-400.
If USCIS issues you a conditional Green Card because your marriage was less than two years old at the time of approval, file Form I-751 within 90 days before the card expires to remove the conditions and secure a permanent Green Card.
Alternative Immigration Options
If transitioning from an L-1 visa to a marriage-based Green Card is not feasible, there are alternative options available:
- Employment-Based Green Cards: L-1 visa holders may qualify for other employment-based visas such as EB-2 or EB-3 if they meet specific criteria.
- H-1B Visa: If eligible, applying for an H-1B visa may provide another pathway to work in the U.S., although this option requires employer sponsorship.
Exploring these alternatives with an immigration attorney can help identify the best pathway based on individual circumstances.
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.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for an I-601A Waiver or an F-1 visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. You can call us today at +234 812 5505 986 to learn how we can help you.
