Texan Charlie

Hi, Have found a whole heap of useful info on this site but couldn't quite find what I was looking for in my particular situation.

Visa background - I have been approved for an L1A visa and am about to schedule embassy visit etc to get my stamp and will be moving out to Houston in due course on a secondment with my firm. So far, so straight forward...

Now, I am engaged and will be getting married to my fiance later in the year back in the UK. We'd thought about bring this forward etc but for various reasons this isn't an option we want to go down. She will therefore be coming out on a cohabiting visa (no issue here - lived together for 5 years, joint bills etc etc) and then get the L2 visa post marriage when back in the UK. My work are covering all costs so no issue here.

My questions:

- given relatively short period between arrival and wedding, with one return trip in there (i.e. she'd be fine on a tourist visa waiver timing) is there any benefit at all in her getting the B2 co-habiting visa given she'd be getting the L2 post wedding (ignoring costs)? As far as I can tell the main reason to do it is to get onto US healthcare (through my work) but then of course gives up rights to NHS on return.

- I know standard B2 visas do not allow for SSNs etc - is there any difference for the cohabiting visa?

- there seems to be some debate on the forum as to whether someone on a B2 cohabiting visa can get a drivers licence....some seem to have managed, does anyone have any Texas specific experience?

- Fiance actually doesn't have a UK drivers licence (has provisional) so wouldn't be able to do the simplified test for those who do - could she apply for a Texas Drivers Permit and go through the standard route for "learners" in the US based on her visa situation? Clearly the ideal situation is to get UK DL first but this may not be feasible given timing

- has anyone had any issues where someone has come out on a B2 and then switched to L2 post marriage that we should be aware of?!


All advice much appreciated - the more you dig into these issues, the more complicated it gets...

md95065

As far as the driver's license goes it would probably be easier for her to just take the test in the UK and drive on her UK license while she is in the US as a visitor. Not sure about the exact rules in Texas but, particularly if she just comes over on the VWP I don't see any issue with her claiming to be just visiting because that is exactly what she will be doing.

As far as healthcare goes you could just go with travel insurance to cover anything catastrophic and the return ticket to the UK to cover anything else. Once again, that should be OK for the few months that she will be in the US visiting and she can switch to your employer's health insurance plan once she actually move to the US on the L2. You could even try to get your employer to pay for it ...

Bob

Will she be on your insurance before marriage? And reason to get the B2 would be so she doesn't get bounced trying to use the VWP, seeing as you have a visa.

SSN question, no.

Check out the DMV for the license question, but she'll probably get away with not bothering, though if she were able and did do the test, it would be limited to the date on the I-94 jobby.

At the end of the day, you're just making things more complicated for yourself, just do a registry marriage and get the L2 and don't tell anyone about it, head back to the UK and do the large ceremony, but without the license signing bit afterwards and no one would be the wiser.

TimFountain

Texas is particularly hard on immigrants when it comes to driving licenses. I don't think your future spouse would be eligible, or if they were the license would only be good for the duration of the I94 and since they don't issue licenses to people with <6 months left on their I94 and the longest you can get on a B1/B2 is <6 months, well, you can see this is a case of chicken and egg.

Overview here:
http://www.dmv.com/tx/texas/drivers-license

Gory details here:
http://www.txdps.state.tx.us/DriverL...tatusChart.pdf

Discussion here:
http://www.ogletreedeakins.com/publi...r-license-woes

PS Bob has the right idea, getting your spouse on an L2 before you arrive would be the ideal solution to all these issues.
Finally, as others have already said, be prepared for some sticker shock on the cost of insurance as "new licensed drivers", even if you have been driving for a long time in the UK....

Fred16

Texas DMV is a nightmare. Expect several frustrating visits.
Ask to see a supervisor if they mess you about

Noorah101

Even on a B-2 cohabitating partner visa, she's still a visitor in the USA. That means no SSN, no working, and most likely no drivers license.

Rene

crg

Once you enter on the L1, what will you do with the UK home/apartment that you are sharing? All tourists must maintain a foreign domicile they have no intention of abandoning. What will her's be?

Noorah101

The cohabitating partner visa might be viewed differently, as the applicant is asking to be allowed to stay in the USA for the duration of the L-1 visa holder's time. In a case like this, I would say it's going to be OK not to maintain a residence outside the USA.

For a regular B-2 visa, yes. For the cohabitating partner one, not so much.

Rene

DavidLemon

Actually that is not true. The person applying for the B-2 must still satisfy the condition that they have no intention of remaining in the US permanently. There is no B-2 cohabiting visa, there is only a B-2 which is the appropriate visa for people requiring a temporary stay to continue cohabiting with their partners whom are also over on temporary visa status.

9 FAM 41.31 N14.4 Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status

This clearly states ", provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements"

crg

It's all the same B2. There is no special B2 with special rules. The DOS/DHS has just conveniently interpreted that "temporary" visits can be a whole lot longer than was once thought. They use the "cohabiting" interpretation to circumvent the DOMA by shoehorning benefits for a variety of non-traditional household types that DOMA prevents them from including in traditional dependent visa classifications.

I don't have a problem with them granting such benefits to same sex couples or others, but it seems to make a mess and injects a lot of uncertainty into the B2 classification and isn't good for anyone who tries to navigate the system. The "cohabitation" notations on the B2 visa foils are as nonbinding as all similar notations.

Noorah101

Thanks DavidLemon and crg, that clears up my misunderstanding.

Rene