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I am an italian citizen currently on a L1B VISA and my company is filing for H1B VISA (I have been selected in the lottery but not yet filed with USCIS). If the H1B is approved, as far as I understand, I will have H1B status automatically after October 1 2020. In addition to that, I am in the process of divorce.
My current girlfriend (Spanish national) came from the UK in November 2019 to visit me and her B2 VISA is expiring May 22. We want to be able to stay together in the country while my VISA lasts and also trying to be able to visit her family in Spain as soon as possible after the Pandemic restrictions are eased.
We are planning to file for extension of her B2 and then get married here after my divorce is final and then either file for COS from B2 to a spouse status or get out and apply for spouse VISA in Spain or the UK.
Here the questions:
1) What would be in your opinion the fastest way to achieve the goals above? considering the time it takes for a change of status B2 to L2 or H4 once we are married. Comparing to getting out of the country and get a VISA.
2) How can we deal with my VISA change? Is there a way to include a petition for H4 together with my H1B application?
3) I assume doing a change of status for her to L2 will be useless as my status will eventually change to H1B and invalidate her petition. Therefore, I will have to wait until we are married and either wait for my status to change or find a way to include her in my application. Am I right?
Thanks a lot for the help.
Dante
My current girlfriend (Spanish national) came from the UK in November 2019 to visit me and her B2 VISA is expiring May 22. We want to be able to stay together in the country while my VISA lasts and also trying to be able to visit her family in Spain as soon as possible after the Pandemic restrictions are eased.
We are planning to file for extension of her B2 and then get married here after my divorce is final and then either file for COS from B2 to a spouse status or get out and apply for spouse VISA in Spain or the UK.
Here the questions:
1) What would be in your opinion the fastest way to achieve the goals above? considering the time it takes for a change of status B2 to L2 or H4 once we are married. Comparing to getting out of the country and get a VISA.
2) How can we deal with my VISA change? Is there a way to include a petition for H4 together with my H1B application?
3) I assume doing a change of status for her to L2 will be useless as my status will eventually change to H1B and invalidate her petition. Therefore, I will have to wait until we are married and either wait for my status to change or find a way to include her in my application. Am I right?
Thanks a lot for the help.
Dante
