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  1. #1
    Join Date
    Dec 2013
    Posts
    3

    Default Evidence of Financial Support and L and K Visas Petition Interaction

    Full disclosure: I recently opened a different topic regarding L-Visas, since that is something that may happen yet, but that topic got me and my husband thinking. Now we have questions regarding K-Visas, in case my Client chooses not to ask for me to come over under an L1 and we end up wanting to immigrate legally in the future (thinking of when we decide on having kids, namely).

    Facts:
    We are both living legally in Argentina (since 09/2012).
    We got married in Argentina 7 months ago.
    I am Argentinian, he is a US citizen.
    I am employed (by an Argentinian company with branches in the US).
    He is unemployed.

    I know that if everything goes well, during the Visa interview I would be required to give evidence of financial support. My boss has stated already that if I chose to move countries, they would want to keep me under their employment (in the Argentina branch) and I would be able to work remotely from my new home, therefore I would have an income. Is this legally accepted? I am afraid that my company could have said that without a clue of whether it is legal or not and I am not finding any information about that specific situation in the USCIS site.

    Alternative, my company might be interested in hiring me as an employee of the US Branch if I got my K-3 visa approved (I do not know this, I would have to bring this up with my boss, and before I do that, I want to figure out if it is legal). Would any documentation from the company I work for stating this help at all?

    And finally - would having submitted an I-130 and planning to submit a K-3 once the Notice of Action is received keep me from being able to pursue an L Visa if my employer decided they do need me onsite while I am in the middle of my personal paperwork? Can I put my Family Based immigration plans on hold/stop them if I get a chance to get my L1 instead? And would that be advisable? I have not found information about people who may have both options available at the same time.

    Sorry for all the questions, I really appreciate the help. We are trying to get as many details as we can before we go to an immigration lawyer, basically.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Evidence of Financial Support and L and K Visas Petition Interaction

    If you telecommunicate for a foreign company, that's not the sort of employment that implicates U.S. immigration law. If it were determined that, while ineligible to work in the U.S., you were actually working for a U.S. office while pretending to telecommute for a foreign office, that would create issues. After you enter on a K-3 visa you are eligible to seek EAD (employment authorization) while your I-130 is pending - it's not automatic.

    With regard to the L1 visa, are you talking about a situation where you apply for the K-3 visa but your employer hires you in a L-1 capacity while you're still in Argentina?

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