Is intended marriage to US Citizen & entering on L1B visa fraud?

USA L1, L2 Visa
1

Is a person coming tio the US copming to the US on an L1B required to explain her intent to marry a US Citizen onentry? Further, if that intent is known, willl that jeopardize her visa extenson?

2

Congrats on your upcoming wedding! The intent of L-1B is to work for a specific employer. You are disclosing facts material to that visa so this has no fraudulent intent. Getting married to a US citizen does change the way BCIS looks at you but again it has no impact on L-1 extension. At the most, the sponsoring company lawyer may ask you to take the green card route instead of bothering them with an extension of L-1B. All this changes if you were legally married in India to your US citizen partner at the time of L-1B initial application, then you have failed to fully disclose all facts. Does not seem to be the case here.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

3

The issue at hand is that she entered the Country on a L1B that was issued in April 2011 that expires end of April 2014. She works for one of the large Indian IT companies,and took a position that was “below her level” for the sake of the US Citizen., but did NOT declare her intent at the POE. For various reasons, the marriage will not incur until 2015, and the areas of clarity needed are:

  1. What are the chances of her L1B extension particularly since the role that she has is simple and does not require specialized skills?
  2. She will not declare her marriage intentions at the extension
  3. How long does it take to process a renewal?
4
  1. Whether L-1B requires certain skills and what those are is decided by the employer and they have to design the call for candidates correctly. If this is done well, L-1B extension will be approved
  2. Intent to marry need not be declared, it is just an ‘intent’ hence subject to external circumstances.
  3. Time varies - I have seen extensions happen from 33 days to 174 days
5

She only has 90 days till her Visa expires & USCIS Vermont Center is currently processing August 2013. So that means both premium processing and no RFE?