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Cohabiting partner visa - Marital Status and Kids

Cohabiting partner visa - Marital Status and Kids

Old Jan 29th 2018, 9:31 pm
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Default Cohabiting partner visa - Marital Status and Kids

Hi Friends,
Me and my partner are currently living in UK on a Tier 2 visa. We are not married. We have been cohabiting for 7 years and have 2 kids. We got our UK visa under the unmarried partner category back in 2013 with no issues.

We may be now moving to US on my L1 visa. I intend to sponsor my partner on a B2 cohabiting partner visa. Below are my queries:

(1) Can the kids get L2 dependant visa? We are the biological parents and the kids' passports, birth certificate have our name as parents.

(2) The more complex part is: My partner's first marriage ended in a divorce and she has got a divorce certificate. My first marriage was also a failure however the divorce from my ex has been pending for over 7 years. This is the reason why me and my partner could not marry. No kids involved in both of our previous relationships. Now, for US visa what should be the marital status in the DS-160 form? Should we both select Other and specify: cohabiting partner? Also attach a note about our respective previous relationship and its legal status? We had done the same when applying for UK Tier 2 visa and we were successful. We want some feedback on how this will work for US visa/DS-160 application?

(3) Once the divorce is through, we intend to get married. At that point will my partner be required to leave US and file a L2?

Appreciate your thoughts.
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Old Jan 29th 2018, 9:48 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

1. I believe so.

2. Her marital status is single. Your marital status is married. You don't need any notes about your previous relationships. You do need proof that you are currently cohabitating.

3. Yes. She needs to be admitted in L2 status so she can get an EAD (and subsequent SSN, drivers license, etc.)

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Old Jan 29th 2018, 9:54 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

1) Yes;
2) You'll need to explain it to the CO at the interview, frankly if anything it proves you are cohabiting partners because you've had children together but there is a bona fide reason why you couldn't get married;
3) Not necessarily, she can just file for a change of status on I-539. The advantage to doing it abroad is she can apply for a visa which makes international travel possible, otherwise if she goes abroad she'll have to get a visa to re-enter even though she already has L-2 status. (Unless she happens to be Canadian, as Canadians are exempt from the visa requirement.)

Given how long and expensive I-539s are to process, it's probably simpler to leave and re-enter.

Just make sure when she applies for her B-1/2 visa that the CO actually annotates it to say "co-habiting partner" on it so that CBP will issue an I-94 with one year validity. This is the main problem, having to renew the I-94 annually, you either have to file an I-539 or leave and re-enter.

So get the L-2 as rapidly as possible as she would then also be eligible for work authorization.
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Old Jan 30th 2018, 4:21 am
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Default Re: Cohabiting partner visa - Marital Status and Kids

Thanks Rene and Steve.
I am still not clear on the marital status. In case I mention my status as married then won't I be asked to enter details of spouse wherein I will have to enter details of my yet to be divorced ex? Where will be a reference to my cohabiting partner in my application?

Also the kids application will have to have mothers name as my cohabiting partner's. So won't all these be confusing?

I have a B1 visa issued 8 years back and at that time my status was married and spouse name was given accordingly.

So how best to handle this in the application?

Thanks
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Old Jan 30th 2018, 10:08 am
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by tier2l1
Thanks Rene and Steve.
I am still not clear on the marital status. In case I mention my status as married then won't I be asked to enter details of spouse wherein I will have to enter details of my yet to be divorced ex? Where will be a reference to my cohabiting partner in my application?
There is no reference to your cohabitating partner on your application. Her B visa is a completely separate application, it's not tied to yours at all.

Also the kids application will have to have mothers name as my cohabiting partner's. So won't all these be confusing?
I dont actually know what questions are asked on an L visa application, but just take each question at face value and answer accordingly and honestly. You might need to bring written permission from the children's mother to allow the kids to go with you to the USA.

You can explain about your pending divorce at your interview, if asked.

Your cohabitating partner's B visa interview will be separate, and she needs to bring proof that you are living together.

Rene
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Old Jan 31st 2018, 3:36 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Thanks Rene.

How about health insurance in the US for my partner? What is the best option if my employer is not providing insurance for my cohabiting partner?
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Old Jan 31st 2018, 3:47 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by tier2l1
Thanks Rene.

How about health insurance in the US for my partner? What is the best option if my employer is not providing insurance for my cohabiting partner?
You will have to fund it yourself either through the exchange in your State or on the government website.

Is the company offering health insurance for your children? If not, personally, I would question if I wanted to make the move to the US without health cover for my family.

If the company is not offering health cover for wife or children then budget several hundred dollars a month for premiums.
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Old Jan 31st 2018, 3:49 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by tier2l1
Thanks Rene.

How about health insurance in the US for my partner? What is the best option if my employer is not providing insurance for my cohabiting partner?
Then she would have to see if she can buy it privately. Whether she can or cannot due to her only being here on a visitor's visa is up to the healthcare provider.
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Old Jan 31st 2018, 3:56 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by Rete
Then she would have to see if she can buy it privately. Whether she can or cannot due to her only being here on a visitor's visa is up to the healthcare provider.
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Old Jan 31st 2018, 4:01 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by Rete
Then she would have to see if she can buy it privately. Whether she can or cannot due to her only being here on a visitor's visa is up to the healthcare provider.
Good point ..... we have had a few folks move on co-habiting visa, so I wonder how they managed for health insurance.?

Also, is the OP aware that this visa has to be renewed frequently? and there is a risk it could be denied ..... ?
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Old Jan 31st 2018, 4:09 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

I am aware of the visa renewals every 6 months and hope that with kids involved it should not pose problems. As I say all this until we get married.

Employer will cover kids. It is all about health cover for my partner. I was never able to find answers in the forum as how cohabiting partners got private health insurance. So, curious for some experience sharing from members here!
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Old Jan 31st 2018, 4:29 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by tier2l1
I am aware of the visa renewals every 6 months and hope that with kids involved it should not pose problems. As I say all this until we get married.

Employer will cover kids. It is all about health cover for my partner. I was never able to find answers in the forum as how cohabiting partners got private health insurance. So, curious for some experience sharing from members here!
In the US a great many insurers do offer insurance to cohabiting partners the same as they do to any married couple (straight and/or gay). Has your employer definitely stated that they will not provide coverage for your cohabiting partner? And if so, what is there reason for doing so?

If they won't, then it is private insurance meaning healthcare insurance purchased under Obamacare or state programs (which I'm not certain she would be eligible for).

At worse, she has no coverage and if in need of a doctor, will have to rely on Urgent Care Centers for medical assistance. In the scheme of things, by the time deductibles and co-pays are considered with insurance will cost her a lot less than healthcare premiums.
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Old Jan 31st 2018, 4:36 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

For marital status, I would use "other" and put legally separated there.
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Old Jan 31st 2018, 4:44 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by Rete
For marital status, I would use "other" and put legally separated there.
Are they, though?

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Old Jan 31st 2018, 5:48 pm
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Default Re: Cohabiting partner visa - Marital Status and Kids

Originally Posted by Rete

In the scheme of things, by the time deductibles and co-pays are considered with insurance will cost her a lot less than healthcare premiums.
...... unless she gets seriously ill or has an accident and then they could face tens of thousands of dollars in medical bills.

Even the Urgent Care Centres in my home town charge around $400 just to be seen by the doctor.
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