heidihoola

Hi,

Wonder if anyone could give me any further help. I have been looking and looking at visas and am becoming frazzled by the complexity of some of them!

My boyfriend has recently just accepted a job in CA, and will be coming across on an E1 visa. I contacted the embassy to see what options are available to myself, seen as we're not married, they have suggested the 90 day holiday visa or the B1-temporary business visa, which will allow me 6 months in the country.

I'm confused how I'd be allowed across on the B1 as I have no intention of keeping a job in the UK and therefore would not be coming across for business purposes. In addition it does state that you're not allowed to work in USA whilst on this visa. All the other criteria I meet. It's just 'The purpose of your trip is to enter the United States for business of a legitimate nature' is where I am confused. Can anyone help me with this?

My ultimate goal is to file for the I-130 almost immediately and hope that this processes within as little waiting time between the two visas.

ian-mstm

Whoever you spoke to is an idiot. You should never contact US immigration to ask visa questions... they are not there to help you.


You won't be allowed.


The person was probably thinking of a B-2 visa. However, if you are eligible to use the Visa Waiver Program (= 90 days) you will likely not get a B-2 visa. If you apply for a B-2 visa hoping to get 6 months and the B-2 visa is denied, you must thereafter declare that visa denial on every subsequent visa application... including ESTA - which you must complete to use the VWP. A denied visa will usually result in a denied ESTA.

In other words... don't apply for the visa. You'll just end up screwing yourself.


In another post, you mentioned a sibling in the US. It will take 10-12 years for you to get a visa via your US citizen sibling. End of story.

By the way, the solution to your problem is pretty clear and easy: get married!

Ian

heidihoola

Hi,

Thanks for your email...I emailled the embassy again, they said it's the B2 as you also said!

Do you know anyone that has applied for the B2 and been refused?

10-12 years for sibling visas?! The embassy website says 7 months or so?!

christmasoompa

Maybe 7 months once you get to the front of the queue to actually have the visa issued, but it's a hell of a wait to get to that point. Take a look at this month's visa bulletin, and you can see that in your category (F4) they are currently processing applications received in January 2001, so 11.5 years ago. http://www.travel.state.gov/visa/bul...etin_5733.html

HTH.

Chrisdc

If you are eligible for the VWP, then getting the B2 approved is really hard. Search through the archives here - they are full of B2 refusals. The people that seem to get it tend to be senior citizens with holiday homes in Florida...

I would say VWP or marriage.

I spent five years "not wanting to get married" to my USC girlfriend because "marriage is special." If I had just done it, I would have avoided ten years of instability and stress. :-)

When you are talking about moving to, and living in, a foreign country, you have to err on the side of practicality. You could do a registry wedding for now, and then have a big ceremony in a couple of years if the relationship is the one you want.

retzie

I would guess they meant a B-2 Cohabiting Partner visa. This is a possibility for couples who aren't married (in the eyes of US federal law ) and have been living together. There are various drawbacks to this category, including not being able to work and only being granted (up to) 1 year upon entry. On the plus side, applications for the 'cohabiting partner' designation seem not to have the overwhelming fail rate of a B-2 'just because I wanna stay longer'.

If you were to marry, I believe the derivative visa of an E-1 does allow you to work. Also, you should be granted entry for the same period as your spouse. It would make your life significantly easier to go this route.

ian-mstm

Yes - and there have been many stories recently. All you need to do is read this forum for a while.


The web site lies... or you are not looking for the right information. Regardless, it's 10-12 years for an immigrant visa based on a USC sibling. I can assure you, I'm not making this up.

Ian

heidihoola

That you do much for your feedback. I have been reading for a while now.
If my partner came across on the e2 and we got married shortly his got his visa after either here or in the USA, could I then get added on to it at a later date do you know?

ian-mstm

If he gets his E-1 visa and you marry afterwards (doesn't marry where), then yes - you can still get an E-2 derivative visa. All you need is proof of his valid E-1 visa and a copy of your marriage certificate. You will not "be added" to his visa... you'll get your own visa - so that means an interview at a US Consulate outside the US.

Ian

dreamercon

Dependents of an E-1 visa holder don't get an E-2 visa. They get also get an E-1 visa. An E-2 visa is a different animal.