Lorneo1067

Hi all!

Im a British Citizen that has just been offered a job in the USA (18months) they want me to start applying for my J1 Visa which they sent all of the details across yesterday. The job may potentially move onto another Visa after the 18 months as the original plan was for me to get an E2 Visa but they asked me to get a J1 Visa as they said Immigration is quite tight at the moment with the situation in America. With my girlfriend we have been going out for over 3 years and we live together at my parents house as they have a spare room. We have proof of plane tickets, vacations, couple of monthly bills that come to my parents house that we live at.

With the Visa for her, getting married is not really an option at the moment as we both really don't want to go that route. (Plus for myself I could end up not liking it and may want to come back). Iv been reading a lot online about the B2 Cohabiting Visa even though I can't seem to find anything on the actual US immigration website? But from reading online this may be an option for her? And she would be able to stay for the duration that I'm out there for? Also if she finds a sponsor out in America while on the B2, would she be able to change over Visa? Can she still do volunteering or courses while she's out there? (As I understand that she won't be able to work on this visa)

should we decide to get married after the first year, would it be a problem if she applies for a spouse visa? which from my understanding is the J2 dependent visa.

Thanks, any help is much appreciated. If there is any other routes then please suggest!

Noorah101

The B2 "cohabitating" visa is really just the B2 visitor visa. It's just that if you can prove you live together it's easier to obtain the B2.

I'm not quite sure of your evidence of cohabitating, though. Seems like the only thing you have are the "couple of monthly bills"? Are both your names on these bills? The other things you mention don't prove you live together, only that you travel together.

She would be allowed to stay 6 months to a year, then leave and return again.

She can't study on a B2.

She can do true volunteer work only. Nothing that anyone would normally be paid for.

If she finds a sponsoring employer, then yes, she can go after her own visa. Not sure what her qualifications are, though, so might not happen.

Yes, anytime you get married, she will be eligible for a J2. Not really sure why you don't just go that route now. You are willing to move together to a new country and live together there, but aren't ready for marriage?

Rene

Noorah101

I don't understand this comment. What does being married have to do with potentially not liking the USA and wanting to come back?

Rene

Lorneo1067

Ok so she may as well go ahead and try to get a B2 Visa.
What is the chance she will be granted up to a year on the B2 Visa? Also how long would she have to leave and be able to return again?

To answer your question on monthly bills. Her car insurance bills etc are all sent to my address but only has her name on.

I read online that she can do a short course of study? (That won't lead to a degree and is less than 18 hours per week) Getting a U.S. Visa for a Short, Recreational or Part-Time Study Course | Nolo.com

We would like to try to see how things work before marriage.

Thanks

Noorah101

That is up to the POE officer.

She can come right back.

How do you intend to prove you cohabitate? By showing you receive mail at the same address? How long have you been cohabitating?

I'll let others comment on this one as I'm not sure.

Personal choice, I guess.

Rene

Just_Joy

If she want's to study why not look into applying for a student visa? If she is currently a student she should check with the uni, there are often study abroad options.

Rete

When you go for the F-1 student visa, I am under the impression that you have to show that you can pay for the course of study, have money to live on, etc. It is not just a matter of applying to a school and if accepted, going to the US Consulate and saying "Okay, I'm accepted at University Unknown. May I have a visa please."

Lorneo1067

Wouldn't immigration become suspcious of her retuning back on B2 Visa straight away?

And from what you have said with B2 Visa Cohabiting I'm starting to think this may no longer be an option. We have been living together at my parents house for 2 and half years.

And if anyone can confirm short courses are fine on a B2 Visa?

Noorah101

Lorneo,

Please be aware that if your evidence of cohabitation is weak (or if the interviewing officer feels it's weak), then the B-2 can be denied. If the B-2 is denied, and your girlfriend still wants to visit you in the USA using the VWP, she will have to complete a new ESTA application, declaring the denied visa, which then can lead to a denied ESTA for the following 6 to 12 months.

So tread carefully.

Rene

Noorah101

Not if she's got the cohabitating partner notation, no.

OK, so time is in your favor. Hopefully you kept all the evidence dating back that far.

I keep harping on this because most cohabitating partners have a joint lease agreement with both names on it, or a mortgage with both names, other documentation to show they share a life together....not just separate bills coming to the same address.

Rene

Lorneo1067

A course study is an option. But University will probably be too expensive. I previously have had an F1 Visa for when I studied at university in America and it is very hard to get it cheap as an international student. (Unless scholarships with a skill)

Noorah101

If she is still a university student, or does not have a degree already, it will be very difficult for her to get her own employment based visa.

Rene

Noorah101

Do you pay rent to your parents? You could have them set up a rental agreement showing both your names.

Rene

Lorneo1067

Yeah we won't have much evidence like that as its my parents house. I think it might be best for her to go for a normal B2 Visa for 6months-year. Then we can see how things work out after that.

Just_Joy

It's expensive if you're a resident! I know there are sometimes exchange type programs though that aren't quite so expensive.


Good luck!