E2 Visa - Fiance & ESTA

Old Jan 21st 2018, 5:24 pm
  #16  
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Default Re: E2 Visa - Fiance & ESTA

It's not uncommon for significant business visits laying groundwork to occur prior to obtaining an E.
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Old Jan 21st 2018, 5:53 pm
  #17  
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by Twinkle0927
I'm curious as to why you think there would be a chance the B-2 would be denied? This is not the standard B-2 visitor visa (which likely would be denied) but the cohabiting partner visa which allows the holder to apply for admission for up to 12 months at POE and is annotated that the holder is the "cohabiting partner of a ... (insert visa category here - in this case E2) visa holder". It is applied for on the back of the approved visa for the boyfriend.

Many people have been successful with this. Obviously they cannot work on this status but maybe they don't need to. This option has been recommended in similar circumstances on this forum before, even by people who are advising against in on this thread! Curious as to what's changed?
Because he did not say she was going to use a B-2

That was your idea. You posted that she should apply for the B-2. Plus he is not divorced so how can he lawfully be co-habiting with someone not his spouse.

Last edited by Rete; Jan 21st 2018 at 6:20 pm.
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Old Jan 21st 2018, 6:13 pm
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by crg
It's not uncommon for significant business visits laying groundwork to occur prior to obtaining an E.
That’s exactly it.
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Old Jan 21st 2018, 8:30 pm
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by Rete
Because he did not say she was going to use a B-2

That was your idea. You posted that she should apply for the B-2. Plus he is not divorced so how can he lawfully be co-habiting with someone not his spouse.
You haven’t answered the question. I know I suggested a B-2 cohabiting partner visa. But you said a B-2 visa wouldn’t be a good idea in case it is denied. So I asked why you thought it would be denied. Nothing has been suggested here that would indicate the fiancée is inadmissible. 9 FAM 402.2-4(B)(5) recommends this visa type for her situation. In fact, it refers to people for whom it is impossible to obtain a derivative visa - which is exactly her situation. She cannot marry him yet as he is not yet divorced so it is impossible for her (right now) to obtain a derivative visa.

As for your comment about them not being “legally able to cohabit”, you surely don’t believe that it’s not possible to live with one person if you’re still married to someone else? There’s no legal requirement to be unmarried to move in with someone. Don’t be ridiculous.
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Old Jan 21st 2018, 8:33 pm
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by crg
It's not uncommon for significant business visits laying groundwork to occur prior to obtaining an E.
Indeed. But he stated he had spent 3 years on a “90 days in, 10 days out” rotation. So in 3 years he spent all but 3 months in the USA. That’s a lot of groundwork! Is he building the next Microsoft?
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Old Jan 22nd 2018, 12:16 am
  #21  
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by Twinkle0927
Indeed. But he stated he had spent 3 years on a “90 days in, 10 days out” rotation. So in 3 years he spent all but 3 months in the USA. That’s a lot of groundwork! Is he building the next Microsoft?
That's an indicator that something may not have been lawful, but not conclusive that a law was broken. There is no set limit.
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Old Jan 22nd 2018, 2:33 am
  #22  
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by Twinkle0927
You haven’t answered the question. I know I suggested a B-2 cohabiting partner visa. But you said a B-2 visa wouldn’t be a good idea in case it is denied. So I asked why you thought it would be denied. Nothing has been suggested here that would indicate the fiancée is inadmissible. 9 FAM 402.2-4(B)(5) recommends this visa type for her situation. In fact, it refers to people for whom it is impossible to obtain a derivative visa - which is exactly her situation. She cannot marry him yet as he is not yet divorced so it is impossible for her (right now) to obtain a derivative visa.

As for your comment about them not being “legally able to cohabit”, you surely don’t believe that it’s not possible to live with one person if you’re still married to someone else? There’s no legal requirement to be unmarried to move in with someone. Don’t be ridiculous.
As you have mentioned to others who have asked about B-2 visas and as I myself have in the past and others as well, for those that are young and with the ability to use the VWP, B-2's are not easily obtained.

As for your last paragraph, get over yourself.
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Old Jan 22nd 2018, 6:07 am
  #23  
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by crg
That's an indicator that something may not have been lawful, but not conclusive that a law was broken. There is no set limit.
I can assure you no Law’s were broken.

The rotation in and out wasn’t strictly 90 days in 7 days out solid for 3 years, but it did get to that point sometimes.

I was representing my company who are very specialist oil and gas engineers; unique in our field who operate globally.

Due to the increased demand on the Gulf Coast for our services, we have now set up a US based operation.
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Old Jan 22nd 2018, 6:15 am
  #24  
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Default Re: E2 Visa - Fiance & ESTA

Originally Posted by Twinkle0927
You understand slightly incorrectly. The VWP is for visits to the USA whilst maintaining a residency elsewhere. It’s not for living in the USA in 90-day installments. Also, trips to Canada, Mexico and the Caribbean do not re-set the 90-day clock. At POE (port of entry) she will need to satisfy the CBP officer that she has no intention to live in the USA, that she is just visiting and that she maintains her residence elsewhere. Doesn’t sound like she will have a job or place to live elsewhere if she’s planning to “do the VWP shuffle”. Also note that anyone who spends more than 180 days a year here becomes of interest to the IRS. But you probably won’t even get that far. In all likelihood, returning for another 90 days just 7 days after leaving the country after a 90-day stay will probably result in her being asked to withdraw her application for admission and sent back to the UK on the next plane due to suspected immigration intent.

What’s stopping you from getting married right away? It would solve the problem of putting her in a very dangerous position with the CBP.

Or if you are adamant that you are not getting married yet then apply for a B-2 cohabiting partner visa (assuming you are currently living together), which is a better option than abusing the privileges of the VWP.
She does have a job and we own a house in the UK. The company has said they will transfer her to their US operation once she obtains a Visa, but unfortunately won’t get involved in petitioning for her Visa.
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Old Jan 22nd 2018, 7:31 am
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Default Re: E2 Visa - Fiance & ESTA

I can assure you no Law’s were broken.

The rotation in and out wasn’t strictly 90 days in 10 days out solid for 3 years, but it did get to that point sometimes.

I was representing my company who are very specialist oil and gas engineers; unique in our field who operate globally.

Due to the increased demand on the Gulf Coast for our services, we have now set up a US based operation.
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Old Jan 22nd 2018, 8:35 am
  #26  
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Default Re: E2 Visa - Fiance & ESTA

Well the good thing is once married and she has a derivative visa of your E2 she can apply for an EAD to work.

Will take around 4 months to get after applying.
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Old Jan 22nd 2018, 12:53 pm
  #27  
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Default Re: E2 Visa - Fiance & ESTA

You've already been given the answer. If it were me I would have her wait it out until you were married and she could get a derivative E2, especially since it's only a month away.
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