Azraelfrost

Hey,

I work in one of the European offices of an American company. I have the chance to transfer to the office in Texas (which I believe would fall under the L-1 visa).

Now the question regards my family. I know that it is possible for a spouse / child to transfer under that Visa as well and I think I read that the spouse would then also be able to work in the US.

The problem I am having is that we have been living together for 3 years now, we are having a child which I believe is called a de facto union (sry, german myself living in Ireland). Can anybody tell me how the Visa requirements / availabilities apply to this?

Az.

lisa67

you would need to be legally married for your partner to get an L2. Other than that they could apply for a B2 cohabitating partner visa if you don't want to get married. Not sure how long they can stay on the B2 on any one visit and how that would apply to the child....someone will come along and correct me if I'm wrong

ian-mstm

The US does not recognize "de facto unions" for immigration purposes. You would need to be married for your partner to get an L-2 visa and permission to work... which, by the way isn't automatic and would need to be applied for after entering the US. This takes about 90-days. Your child will get an L-2 visa either way.

If you don't want to get married, then your partner must be able to qualify for a visa independently. She may qualify for a B-2 cohabiting partner visa, but would NOT be allowed to work... ever... and might only be admitted for 6 months after which she'd need to return home. Then you need to choose whether or not your child stays with you or returns with your partner.

Ian

Picnic

Following on from the last reply see text from http://slovenia.usembassy.gov/unmarried_partners.html

"Unmarried Partners

U.S. visa law does not recognize common-law relationships (življenje na koruzi); therefore a partner or fiancé(e) is not eligible to apply for derivative visa status. In such cases, the partner is required to qualify for a visa in his or her own right. Partners who are members of the household of the principal visa holder, and whose primary purpose in traveling to the United States is to accompany that person, may apply for a B-2 visa. Partners who intend to work or study require the appropriate work visa or student visa."

Hovik

Hi Azraelfrost, I'm in the same situation you are. My cohabitant and I have a 2 year old daughter who'll be eligible for L-2, while my cohabitant must stay on B-2 visa. However, the valid period for a B-2 visa is "flexible" for cohabitants of H/L visa holders, see point 10+11 : http://travel.state.gov/visa/laws/te...rams_1414.html

Azraelfrost

Hm, that kinda sucks. She needs to work - not necessarily from a monetary point of view but certainly from a self-fulfillment one.

Which leaves a) getting married or b) find out more about the whole visa thing and under which circumstances she might get one herself.

Bah, that makes the whole plan way more complicated than anticipated. Well, nothing is ever really easy...

Edit: thanks for the help

lisa67

check out the wiki at the top of the page

Noorah101

Getting married would actually make the whole plan WAY easier. By being married, she automatically qualifies for the L2, and once inside the USA she automatically qualifies to apply for the EAD (work authorization). Getting married solves the whole problem.

Rene