USA visa limitations (and defacto) query
#1
Forum Regular
Thread Starter
Joined: Dec 2005
Posts: 40
USA visa limitations (and defacto) query
Hi,
I'm a british citizen currently residing in Australia with my defacto partner. We are on a 457 visa and currently going through the process of permanent residency in Australia. However, there may now be an opportunity for me to move to the states for 1 - 2 years with my company. I've been researching visas and currently trying to determine if the L-class (temporary intercompany transfer) or permanent residency (green card) is the way to go. I'm struggling to find the answers to the following questions.
1. Considering we are in a defacto relationship, and this is not recognised by the USA, would we need two employers to sponsor two separate applications (we have no relatives in the states)?
2. What are the limitations for temporary work visas? I cant find any information on this on the internet (e.g. can we buy a house, is the tax rate higher, health care limitations)
3. Is there anyway (besides marriage) that defacto is recognised or a process that will allow us to apply for a visa together on one application?
If anyone has experience with defacto relationships and US visas i'd be grateful for some guidance.
My partner and I both work as engineers. Any visa we'd apply for would have to allow us to both work.
Many thanks for the help,
Jon
I'm a british citizen currently residing in Australia with my defacto partner. We are on a 457 visa and currently going through the process of permanent residency in Australia. However, there may now be an opportunity for me to move to the states for 1 - 2 years with my company. I've been researching visas and currently trying to determine if the L-class (temporary intercompany transfer) or permanent residency (green card) is the way to go. I'm struggling to find the answers to the following questions.
1. Considering we are in a defacto relationship, and this is not recognised by the USA, would we need two employers to sponsor two separate applications (we have no relatives in the states)?
2. What are the limitations for temporary work visas? I cant find any information on this on the internet (e.g. can we buy a house, is the tax rate higher, health care limitations)
3. Is there anyway (besides marriage) that defacto is recognised or a process that will allow us to apply for a visa together on one application?
If anyone has experience with defacto relationships and US visas i'd be grateful for some guidance.
My partner and I both work as engineers. Any visa we'd apply for would have to allow us to both work.
Many thanks for the help,
Jon
#2
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Joined: Oct 2004
Location: The People's Republic of Evanstion, IL
Posts: 332
Re: USA visa limitations (and defacto) query
Hi,
I'm a british citizen currently residing in Australia with my defacto partner. We are on a 457 visa and currently going through the process of permanent residency in Australia. However, there may now be an opportunity for me to move to the states for 1 - 2 years with my company. I've been researching visas and currently trying to determine if the L-class (temporary intercompany transfer) or permanent residency (green card) is the way to go. I'm struggling to find the answers to the following questions.
1. Considering we are in a defacto relationship, and this is not recognised by the USA, would we need two employers to sponsor two separate applications (we have no relatives in the states)?
2. What are the limitations for temporary work visas? I cant find any information on this on the internet (e.g. can we buy a house, is the tax rate higher, health care limitations)
3. Is there anyway (besides marriage) that defacto is recognised or a process that will allow us to apply for a visa together on one application?
If anyone has experience with defacto relationships and US visas i'd be grateful for some guidance.
My partner and I both work as engineers. Any visa we'd apply for would have to allow us to both work.
Many thanks for the help,
Jon
I'm a british citizen currently residing in Australia with my defacto partner. We are on a 457 visa and currently going through the process of permanent residency in Australia. However, there may now be an opportunity for me to move to the states for 1 - 2 years with my company. I've been researching visas and currently trying to determine if the L-class (temporary intercompany transfer) or permanent residency (green card) is the way to go. I'm struggling to find the answers to the following questions.
1. Considering we are in a defacto relationship, and this is not recognised by the USA, would we need two employers to sponsor two separate applications (we have no relatives in the states)?
2. What are the limitations for temporary work visas? I cant find any information on this on the internet (e.g. can we buy a house, is the tax rate higher, health care limitations)
3. Is there anyway (besides marriage) that defacto is recognised or a process that will allow us to apply for a visa together on one application?
If anyone has experience with defacto relationships and US visas i'd be grateful for some guidance.
My partner and I both work as engineers. Any visa we'd apply for would have to allow us to both work.
Many thanks for the help,
Jon
Also a Green Card is not a visa itsself so you would have to start with the L visa and then apply to go for the Green Card and if you're only looking for a temporary stay the Green card Process will probably take more than a couple of years to compete
Without knowing your relationship with your partner it's a bit hard to say whether an L visa will aloow him/her to work
#3
Lost in BE Cyberspace
Joined: Jun 2005
Location: Oz -> UK -> San Diego
Posts: 9,912
Re: USA visa limitations (and defacto) query
Hi,
1. Considering we are in a defacto relationship, and this is not recognised by the USA, would we need two employers to sponsor two separate applications (we have no relatives in the states)? YES
2. What are the limitations for temporary work visas? I cant find any information on this on the internet (e.g. can we buy a house, is the tax rate higher, health care limitations) There aren't any, other than it may be harder to get a mortgage.
3. Is there anyway (besides marriage) that defacto is recognised or a process that will allow us to apply for a visa together on one application? NO
If anyone has experience with defacto relationships and US visas i'd be grateful for some guidance.
My partner and I both work as engineers. Any visa we'd apply for would have to allow us to both work.
Many thanks for the help,
Jon
1. Considering we are in a defacto relationship, and this is not recognised by the USA, would we need two employers to sponsor two separate applications (we have no relatives in the states)? YES
2. What are the limitations for temporary work visas? I cant find any information on this on the internet (e.g. can we buy a house, is the tax rate higher, health care limitations) There aren't any, other than it may be harder to get a mortgage.
3. Is there anyway (besides marriage) that defacto is recognised or a process that will allow us to apply for a visa together on one application? NO
If anyone has experience with defacto relationships and US visas i'd be grateful for some guidance.
My partner and I both work as engineers. Any visa we'd apply for would have to allow us to both work.
Many thanks for the help,
Jon
Last edited by Ozzidoc; Mar 3rd 2008 at 1:58 pm.
#4
Forum Regular
Thread Starter
Joined: Dec 2005
Posts: 40
Re: USA visa limitations (and defacto) query
Thanks for the replies.
Just to confirm, my partner is female.
I'm very suprised there are no limitations on a temp work visa in the USA. My temporary visa here in Australia is riddled with all sorts of limitations.
It is my understanding that the L visa is for intercompany transfer only. In this case my partner cant use this visa as her company does not operate in the USA. An L-2 is not appropriate as we are defacto.
Just to confirm, my partner is female.
I'm very suprised there are no limitations on a temp work visa in the USA. My temporary visa here in Australia is riddled with all sorts of limitations.
It is my understanding that the L visa is for intercompany transfer only. In this case my partner cant use this visa as her company does not operate in the USA. An L-2 is not appropriate as we are defacto.
#5
Re: USA visa limitations (and defacto) query
It's sometimes possible to get a B visa for the accompanying partner. You'd have to prove you've been cohabitating for x number of years, I'm not sure of the exact rules. However, the person on the B visa would NOT be able to work.
If you both want to work, you'll have to get individual visas. One can't ride on the coattails of the other, unless you get married.
Rene
If you both want to work, you'll have to get individual visas. One can't ride on the coattails of the other, unless you get married.
Rene
#6
Re: USA visa limitations (and defacto) query
De facto is the term used by Australians to refer to common law marriage.
#7
Re: USA visa limitations (and defacto) query
Strikes me that even though it might well be possible to have your de facto marriage recognized under US immigration, it will be far easier if you do it officially and get a certificate.
#8
Forum Regular
Thread Starter
Joined: Dec 2005
Posts: 40
Re: USA visa limitations (and defacto) query
Many thanks Guys. I think this has been a wakeup call in hindsight. If the USA cant recognise common law relationships like most western countries do (Australia, New Zealand, UK, Canada) then i'd rather not move there.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
#9
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Joined: Sep 2002
Posts: 16,266
Re: USA visa limitations (and defacto) query
Many thanks Guys. I think this has been a wakeup call in hindsight. If the USA cant recognise common law relationships like most western countries do (Australia, New Zealand, UK, Canada) then i'd rather not move there.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
The term "common law marriage" is a misunderstood one. It is, in fact, a legal marriage in those states which recognize it. However, it should be understood that "common law marriage" is NOT a synonym for just living together.
#11
Re: USA visa limitations (and defacto) query
Many thanks Guys. I think this has been a wakeup call in hindsight. If the USA cant recognise common law relationships like most western countries do (Australia, New Zealand, UK, Canada) then i'd rather not move there.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
#12
Re: USA visa limitations (and defacto) query
Many thanks Guys. I think this has been a wakeup call in hindsight. If the USA cant recognise common law relationships like most western countries do (Australia, New Zealand, UK, Canada) then i'd rather not move there.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
I'd always expect there to be more paperwork involved and hoops to jump through for common law compared to marriage but not to down right exclude couples.
#13
Forum Regular
Thread Starter
Joined: Dec 2005
Posts: 40
Re: USA visa limitations (and defacto) query
I believe "common law marriage" is interpreted as different to "common law relationship". Defacto (in terms of Australian and New Zealand immigration) is defined as ones domestic partner who share a life together in the same abode but not married. This is a "common law relationship".