Miragelol

Hi there, any advice would be helpful.

A bit of background information:

I have been living with my partner for 12 years, we've been engaged for 3years and have a 2 year old daughter.
Recently he got offered a job in the US. He applied for H1-B visa and got it approved for 3 years. Our daughter is also granted to stay for 3 years on his visa as a dependant.

I, however got advised by a lawyer that I could not file for H4 visa as we were not actually legally married. But since we had been living toghether for 12 years we would be considered cohabitating and I could therefore apply for B2 cohabitating visa.

However, after reading a lot of previous post regarding the B2's I'm very uncertain if they'll actually approve this visa. My whole intention is to stay with my fiancée and our daughter for the duration of his work (3 years). I don't intend to work, am quite happy being a stay at home mum. We don't really want to split up the family where he lives and work in the US for the next few years, and our daughter and I live halfway across the world.


So to my questions:
1) Is the B2 visa correct to apply for in my situation?

2) We thought about moving the wedding to January 2012. I would then enter in the vwp/esta for 90 days, get married and then apply for H4 after wedding in January. Would I have to leave the US while applying for H4? If so, for how long?

3) my only strong ties back to UK is the fact that all my relatives lives there. I'm a stay at home mum so no employer can verify that I have a job, we don't own a house, and we don't own a business either. I'm afraid that based on this immigration might think that I'll overstay my welcome in the US, or even leave my fiancée to marry a us citizen so I can stay, thus they'll denie my B2.

4) if we decide to go down the B2 route; on the DS-160 form do I choose single or common law married?

Many thanks for any help!

Noorah101

Yes. Make sure it's clear that it's for a B-2 cohabitating partner, not a regular B-2 tourist visa (same visa, different reason).

Yes. Long enough to get an appointment at the embassy and get your passport back with visa inside. I don't know the embassy schedule, how long it takes to get an appointment. It can take up to 10 days after your interview to get your visa in hand.

The whole reason you want to be in the USA is because your partner is on a TEMPORARY visa, so your stay in the USA will be seen as temporary.

I would say single, as you are not in a lawful marriage for immigration purposes.

Rene

Miragelol

Thanks for your reply.

With the B2 cohabitating visa, how do I make it clear to them? Is this filled out on the DS-160 or do I just inform them about it during the interview?

Many thanks!

Noorah101

During the interview.

Bring proof of your cohabitating life together, and proof of his H1B status in the USA.

Rene

Miragelol

Brilliant!

We'll try going down this route then.

Many thanks for your help

ian-mstm

You specifically tell them at the interview. Also, you must specifically tell the officer at the border when you enter the US... because it's entirely possible, even if you have a B-2 cohabiting visa, that the officer will not stamp your passport appropriately. Be absolutely certain that the officer knows it's a B-2 cohabiting visa, and look at your passport stamp carefully to ensure that's what's stamped... and don't leave the officer's station until you've confirmed your status.

Why is this so important? Because if you get a regular B-2 stamp, you'll be allowed to enter for 6 months and then you need to leave the US. You don't want that.

Ian

Miragelol

Ah, that's valuable information!! Thanks so much!

S Folinsky

OP has consulted with a lawyer. It is OK to ask the lawyer "And how do you reach that conclusion?" Sometimes [but not always] it is quite easy to answer that question.

It is is within the ethos of this board for a person to do their own research rather than just asking legal question of lay persons on the board. The OP's situation is one where the official discussion of the parameters of permissible "B" visa activities are discussed.

I just took a quick look myself and 9 FAM 41.31 Notes 3 and 14.4 are on the Department of State web pages. My childhood chum Carl Shusterman has the CBP Inspections Manual on his website -- item 15.4(b) is there for the reading.

S Folinsky

Hmm. The sources I note in the prior post may be worth a look.

Also, it may be worth it to look at the USCIS website.

Miragelol

I did read this before posting: http://travel.state.gov/visa/laws/te...rams_1414.html

Point 9 states that I will not noe exempt from INA214(b) which therefore made me very unsure if the B2 would be right to apply for.

Only now just noticed that this text included the revised 9 FAM 41.31 N11.4 note. My bad I didn't see this before as it would have answered my question

Thank you for all advice!

crg

Just get married now. The process will be much more simple if you're married. Some get married on paper then have the big ceremony later.

Hovik

Apply for B2 on the DS-160, and set your fiancees visa approval # as sponsoring visa. I don't remember which step/page it was on, but it was possible to set sponsor when applying for B2 visa.

As others have mentioned, make sure to ask during the interview if it'll be approved as a cohabitant visa.

The B2 cohab visa will contain your fiancees name, company he works for + his visa approval #.

Bring proof of you two living together. You have a child together, and should have no problems getting the visa.

ian-mstm

They have a child together... my mum would say they're already married but not churched!

Okay... stepping away!

Ian

S Folinsky

I understand that 214(b) confuses people. It is often misunderstood.

Miragelol

Just wanted to give an update...

After receiving the I-797 it was time to fill out the DS-160.
We filled out my fiancées DS-160 first.
In the section about marital status we chose 'other' and put as comment 'fiancée/cohabitating for 12 years.'
After he signed the form electronically we chose the family application option.
When filling out my DS-160 I filled out the section about marital status as 'other' and 'fiancée/cohabitating partner 12 years.' I chose business/pleasure B1/B2 as the visa option as we thought that travel/medical didn't really apply to me.

At the embassy they interviewed us together. My fiancée only got two questions: What business the company conducted and what kind of work he would do for them.
I only got one question, which I had prepared for as I expected it to come up;
What would I do for 3 years. I said I would be a stay at home mum and probably go to play groups and other things like chuck e cheese, to which he laughed and replied with 'great, sounds like fun'.
That was it!

He told me that I had been approved on B2 and that it was up to POE for how long they'd grant me. He also said that I should point out at time of arrival in the US that I was cohabiting partner and that they'd most likely grant me a year.
We didn't have to show any evidence at all about our relationship, strong ties back to UK etc. We had brought plenty of proof though just in case they asked for it. I'd rather bring too much then too little.

So now we're just waiting for our passports back and off we go for the next three years.

Thank you all who replied! I truly appreciate it!!