CD99

I had a quick look through the forum for someone in a similar situation to no avail so apologies if this has been asked before.

I am moving to the US in October on an H-1B and my fiancee is planning to come with me. We are both originally from the UK but currently living in Hong Kong (I assume this doesn't matter). We have lived together for 5 or 6 years and are due to get married back in the UK in April next year. However, we are unsure what to do regarding her visa options in the interim (Oct 13 to Apr 14).

The complication arises as she would be looking to work here long term and has unofficially been sounded out for a job from a cap exempt H-1B employer. However, this is unlikely to materialise before we move over in October but could happen very quickly once we reach the US.

From what I understand, if she was to enter on a B-2, she could be seen to have entered the country fraudulently if she thereafter secured an H-1B. And the fiancee visa only seems to apply to those who are marrying US citizens.

Is our only option for her to come on a VWP and then leave after 3 months if she doesn't get this job?

And is there any issue with coming here on a VWP and then getting an H-1B while in the country or could that also be considered fraudulent?

Any advice would be much appreciated.

Noorah101

Since you've been living together for so long, and if you can prove it on paper, she has a good chance of getting a B-2 visa with the annotation "cohabitating partner", which helps allow her to stay in the USA along with you while you're on your H1B visa.

She can't work while on the B-2 visa, but she can look for work, and if her H1B possibility comes through, she can change status while still inside the USA.

My layman's opinion is that it won't be an issue. She came as a visitor to stay with you. As it turns out, he found herself a job and can change status.

Correct.

No.

There's no problem if she comes to the USA on the VWP and gets offered the H1B job. But then she must leave the USA to obtain an H1B visa, because the VWP does not allow one to change status within the USA.

If she can get a B-2 cohabitating partner visa, then she is allowed to change status from B-2 to H1B while remaining inside the USA.

I'd say the majority of B-2 cohabitating partner visas get approved. But something to keep in mind is that if it does NOT, for some reason, then she will have to re-do ESTA, declare the visa denial, and that will prohibit her from using getting ESTA approved for some time...seems to be anywhere from 6 - 12 months. But as I said, from what I've seen on these forums, most B-2 visas for cohabitating partners get approved. You must be able to prove you've been and are currently still cohabitating.

Rene

Michael

She could apply for a B2 visa with a cohabitation notation which should be easier to get than a normal B2 visa since you have been cohabitating for about 5 years. Also a B2 cohabitating visa can normally be extended.

It is totally acceptable to look for a job on either the vwp or a B2 visa. What isn't possible in most cases is to change status on the vwp and she'd have to leave the country to get the visa but it should be possible to change status on a B2 visa but once she leaves the country, she'd have to go to a consulate to have the visa placed in her passport.

CD99

Thanks so much for coming back on this.

In the scenario where she would have to leave the country to change visa status, would Mexico/Canada be okay or would she have to head back to the UK?

And, on the cohabiting partner visa, as far as proving we live together, would bank statements with same address likely be sufficient or would it have to be a lease? The latter would be difficult as I owned the first place and in Hong Kong it is only her name on the lease

Michael

If you can provide joint bank statements for many years, that would seem to be strong proof but more is always better. Anything that will indicate that you lived together will help including mobile phone or utility bills with only her name on it but your address, possibly her receiving mail received at your address, letters from neighbors stating that you lived in the same apartment, her car registered at your address, etc.

If the consulate will process that visa for nationals from other countries, then any consulate will be fine. Some will and some won't.

retzie

For the sake of completeness, I will suggest the option of a courthouse marriage ASAP, so she can move over with you on an H-4. Once she secures her own job, she would be able to change status to H-1B. The added bonus with this option is that if she doesn't get a job quickly (or at all), she will be able to stay with you unhindered for the duration of your visa. It would also make your lives much easier health insurance-wise, as she could be added to your plan from the outset (a defacto partner will not be accepted onto many plans).

I know you have plans to get married already - I'm not suggesting you change the arrangements/timeline for the celebration. It is well-reported on BE to go through the whole ceremony without anyone knowing the legally binding bit was done elsewhere!

Michael

+1

ian-mstm

Not "visa status"... just "status". She does not need to leave the country to do a change of status. However, if afterwards she left the US for any reason whatsoever, she would then have to appear at a US Consulate to get the actual visa put in her passport... before she would be allowed to get back into the US. That said, Mexico or Canada would be fine.

Ian