Visa Advice
#1
Just Joined
Thread Starter
Joined: Nov 2017
Posts: 6
Visa Advice
Hi, my partner is a rally motorbike racer and has been offered a job in the US to work supporting and training an American racer. He will be Race Team manager. We don't know where to start, the guy in the US said he has a lawyer but we have no idea what to do??
#2
Re: Visa Advice
You don’t do anything...it’s down to the employer. The company who is offering him the job should get their lawyers to investigate what type of visa is applicable. They will then apply for said visa.
#3
Just Joined
Thread Starter
Joined: Nov 2017
Posts: 6
Re: Visa Advice
Ok thats great, I'm excited about it. This may be a daft question but we've been together for 11 years & have a daughter but we're not married, will this make any difference?
#4
Re: Visa Advice
Rene
#6
Living the NYC dream
Joined: May 2016
Location: New York
Posts: 151
Re: Visa Advice
You do not necessarily have to get married. You may be eligible for a B-2 visitor visa which will have to be renewed every 6 months and you will not be able to work in the USA. Definitely discuss this with your partner's immigration lawyer.
9 FAM 402.2-4(B)(5) (U) Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status
(CT:VISA-193; 09-28-2016)
(U) The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, diplomats posted to the United States, and accompanying parent(s) of minor F-1 child-student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, they should be advised to ask DHS for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States. You should consider annotating to indicate the purpose and length of stay in such cases.
9 FAM 402.2-4(B)(5) (U) Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status
(CT:VISA-193; 09-28-2016)
(U) The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, diplomats posted to the United States, and accompanying parent(s) of minor F-1 child-student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, they should be advised to ask DHS for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States. You should consider annotating to indicate the purpose and length of stay in such cases.
#7
Lost in BE Cyberspace
Joined: May 2010
Location: San Diego, California
Posts: 9,660
Re: Visa Advice
Why would the OP want a B1/B2 visa, which has to be renewed every so often and has no guarantee of permanent residency, when she has a daughter with her partner?
While she does not necessarily HAVE to get married, yes she does if she want to have permanent status in the US with her partner and daughter.
While she does not necessarily HAVE to get married, yes she does if she want to have permanent status in the US with her partner and daughter.
#8
Living the NYC dream
Joined: May 2016
Location: New York
Posts: 151
Re: Visa Advice
Why would the OP want a B1/B2 visa, which has to be renewed every so often and has no guarantee of permanent residency, when she has a daughter with her partner?
While she does not necessarily HAVE to get married, yes she does if she want to have permanent status in the US with her partner and daughter.
While she does not necessarily HAVE to get married, yes she does if she want to have permanent status in the US with her partner and daughter.
#11
BE Enthusiast
Joined: Jun 2017
Posts: 521
Re: Visa Advice
It's not really an alternative though, is it? You can't get a Social Security Number on a B visa and that in itself severely hampers the ability to live freely in the states. I don't think this is good advice and will only confuse OP.