theanswer2222

I’m an American citizen with a British spouse. I’ll be working in the US temporarily for 9 months and would like to bring my wife along with me. But I can’t figure out what non-immigrant visa category applies to her: the H-4 seems to only apply if both partners are on a visa; the K-3 is for spouses who are awaiting approval of an immigrant visa petition; and the B-2 would only let my wife stay for up to 6 months. We’ve both got jobs, a house, and family in the UK to which we intend to return.

My situation doesn’t seem that uncommon – any advice? Thanks!

Pulaski

There is no "non-immigrant" visa for the spouse of a US citizen. You are correct that an H-4 is necessarily linked (trailing spouse) to a H-1, and likewise an L-2 to an L-1, and O-3 to an O-1, etc.

The only real option is to apply for a B-2 visa and hope that the consular official agrees that accompanying a US spouse (for five months) is a good enough reason to issue a B-2 to someone who is, I assume, otherwise VWP-eligible. And I think they probably will.

tom169

This is assuming you are aware that your spouse can't work whilst present in the US. Even for a British/remote employer.

Rete

BTW she was already turned down for a B2 as per your thread in June of 2011. Why do you think she can get one now?

This seems to be a recurring scenario for you. In May of 2011 it was your wife and child who were wanting to come with you to the US to live for your 9 month temporary work assignment.

Now it is 2018 and you again have a temporary work assignment in the US for 9 months.

How did you handle it back in 2011 when she was denied a B-2 visa.

Pulaski

(i) I hadn't noticed she had been turned down before

(ii) A B-2 wouldn't work for a nine month visit, and it would create tax issues.

(iii) IMO A well presented case should support a B-2 application, and in any case there is no better alternative visa to apply for.

scrubbedexpat099

Get a GC, she can surrender it when she leaves.

Pulaski

You mean an IR-1 .... which would get her a green card when she enters thd US using it.

Well, it'll cost massively more, but that is certainly possible, but only if they are willing to go through a bit of a charade to show "intent to domicile".

That said, there was a case reported here on BE from someone who had reported getting an IR-1 from the London consulate and who absolutely did not intend to domicile in the US any time in the next decade, and was still given the IR-1 he applied for.

scrubbedexpat099

Business expense.

S Folinsky

General comment - B-2 is the applicable category. If in the country for longer than six months, extension application will have to be made.

theanswer2222

Thanks, everyone. This info is very helpful.

We have been through a similar situation before. (I'm an academic and sometimes spend the academic year at US universities.)

My partner applied for -- and was rejected for -- a B-2 visa last time. It was a frustrating experience. Although she seemed to meet the criteria in every way, she was rejected because she was below retirement age and might hypothetically use the visa as a way to apply for US jobs. This made little sense as my wife has always had good jobs in the UK and never wanted to move to the US.

She ended up coming over for a couple of 3-month stints on VWPs. This was expensive, stressful, and difficult to manage with two small children! (Both of whom have US passports)

We'll hope for better luck this time. I'd gladly pay a lawyer if it would make any difference.

Pulaski

And the irony, that you not may find amusing, is that it is perfectly legal to search for work while in the US on a B-2 visa (or on the VWP), including applying for specific positions and attending interviews.

You might include evidence of your wife's ties to the UK, though quite frankly I'd she can afford to spend five months in the US, they can't be very strong ties.

scrubbedexpat099

Partner or Spouse?

theanswer2222

Spouse (although she might have only been my partner last time around).

Another irony: the British academics at my research center can easily bring along their spouses using their J visas. It seems more difficult for Americans to bring along their spouses than non-Americans (!).

Our UK ties seem pretty strong to me. We've both worked our entire careers in the UK and have permanent jobs here; we've got a house and mortgage; most of our family is here. But occasionally we'd like to see my relatives too and expose the kids to the culture I grew up in.

scrubbedexpat099

You colleagues need to apply and be approved for Visa's, you do not.

Your spouse can get a GC, they can not.

Pulaski

You can sell a home remotely from US (I did so myself), you can abandon a job with minimal repercussions, ..... some people actually want to get away from family.

Really very little is a meaningful tie with respect to emigration. You might see them as ties, but the USCIS/ US consulate does not.