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Old Mar 3rd 2008, 12:22 pm   #1
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Default 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
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Old Mar 3rd 2008, 12:38 pm   #2
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Default Re: USA visa limitations (and defacto) query

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Originally Posted by camel80 View Post
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
Well Jon you use the word defacto alot, but the 1st question is what's the gender of your defacto partner, if they're male then same sex marriage isn't recognized by federal law.

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
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Old Mar 3rd 2008, 12:49 pm   #3
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Default Re: USA visa limitations (and defacto) query

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Originally Posted by camel80 View Post
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
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Old Mar 3rd 2008, 1:04 pm   #4
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Default 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.
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Old Mar 3rd 2008, 1:08 pm   #5
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Default 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.

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Old Mar 3rd 2008, 1:44 pm   #6
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Default Re: USA visa limitations (and defacto) query

De facto is the term used by Australians to refer to common law marriage.
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Old Mar 3rd 2008, 1:57 pm   #7
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Default Re: USA visa limitations (and defacto) query

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Originally Posted by camel80 View Post
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.
There was a case on this board some time back where a South African resident's spouse was issued an L2 through a common law marriage. He was having problems with the company lawyers here in the State who believed it had been issued erroneously.

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.
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Old Mar 3rd 2008, 10:15 pm   #8
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Default 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.
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Old Mar 3rd 2008, 10:34 pm   #9
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Default Re: USA visa limitations (and defacto) query

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Originally Posted by camel80 View Post
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.
Hi:

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.
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Old Mar 3rd 2008, 10:35 pm   #10
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Default Re: USA visa limitations (and defacto) query

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Originally Posted by fatbrit View Post
De facto is the term used by Australians to refer to common law marriage.
Hi:

Now that is quite confusing. Inasmuch as a common law marriage is a marriage de jure, it confuses matter to refer to it as de facto.
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Old Mar 4th 2008, 12:01 am   #11
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Default Re: USA visa limitations (and defacto) query

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Originally Posted by camel80 View Post
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.
Wow, you give up easily!
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Old Mar 4th 2008, 12:08 am   #12
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Default Re: USA visa limitations (and defacto) query

Quote:
Originally Posted by camel80 View Post
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.
It's probably for the best.
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Old Mar 4th 2008, 12:10 am   #13
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Default Re: USA visa limitations (and defacto) query

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Originally Posted by Folinskyinla View Post
Hi:

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.
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".
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Old Mar 4th 2008, 12:15 am   #14
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Default Re: USA visa limitations (and defacto) query

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It's probably for the best.
In what sense?
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Old Mar 4th 2008, 12:25 am   #15
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Default Re: USA visa limitations (and defacto) query

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In what sense?
You often have to jump hurdles to succeed with US immigration. You obviously don't want to do so from what you have written here. Fair enough.
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