If I’m being transferred to our US company via an L1 intercompany transfer, how can I have my fiance join me?

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If I’m being transferred to our US company via an L1 intercompany transfer, how can I have my fiance join me?

I have a fiance who I would like to have come over with me but we are only due to get married next year or so. Can I apply for my L1 visa and put him as a dependant as a fiance or do we have to be married? And, if so, do we have to be married before I submit the application or can I submit the application with him on it (as long as we are married before we go over to the US)?

Asked on November 2, 2015 under Immigration Law, Florida

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You cannot have your fiance as your dependent for L- visa purposes unless and until you are legally married.  Until such time, there is no qualifying family relationship to get him a dependent L-2 visa status, unfortunately.  If you can get married, he can get the L-2 dependent visa with you or at  a subsequent time by presenting proof of your L-1 status and your marriage certificate.


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