B2 Cohabiting Partner visa - questions
#46
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 Cohabiting Partner visa - questions
Ian
#47
Just Joined
Joined: Nov 2012
Posts: 6
Re: B2 Cohabiting Partner visa - questions
I have been in a vaguely similar situation, which may shed some light on this. As a PhD student, my supervisor came to the US on sabbatical (6 months) and I applied for a B-2, so I could continue my work with him. I was to continue receiving my Australian scholarship, with no financial support from (or enrolment at) the US institution - their total support was giving me a desk where I could work. Given I was completely off the books at the US school, they were not prepared to support a J-1 application for me.
This situation proved very interesting when it came to a visa. On the one hand, the word 'student' made them immediately say 'J-1'. However, the completely lack of support from the US school precluded this. This provoked much discussion at the consulate - eventually I was granted a B-2 with 12 months validity and a special provision "for independent study". I am very thankful that the ConOff dealing with my case listened carefully to what I said and kept chasing it up the food chain. I know the decision was eventually made in D.C. rather than locally.
Now, your situation is different, in that you have grounds for the B-2 on the cohabiting front - I was using my studies as the basis for my application. I don't know if they would explicitly ask what the partner would be doing during their stay...
This situation proved very interesting when it came to a visa. On the one hand, the word 'student' made them immediately say 'J-1'. However, the completely lack of support from the US school precluded this. This provoked much discussion at the consulate - eventually I was granted a B-2 with 12 months validity and a special provision "for independent study". I am very thankful that the ConOff dealing with my case listened carefully to what I said and kept chasing it up the food chain. I know the decision was eventually made in D.C. rather than locally.
Now, your situation is different, in that you have grounds for the B-2 on the cohabiting front - I was using my studies as the basis for my application. I don't know if they would explicitly ask what the partner would be doing during their stay...
#48
Just Joined
Joined: Nov 2012
Posts: 6
Re: B2 Cohabiting Partner visa - questions
eventually, we declared at the Embassy that my partner is planning to continue his PhD studies in Israel from afar - while living in the US.
I got a J1 for my PostDoc, and he got a B2-cohabiting partner.
Cheers,
Itamar
I got a J1 for my PostDoc, and he got a B2-cohabiting partner.
Cheers,
Itamar
#49
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 Cohabiting Partner visa - questions
#50
Just Joined
Thread Starter
Joined: Sep 2011
Location: Mountain View, California
Posts: 22
Re: B2 Cohabiting Partner visa - questions
So just as a bit of an update, towards the end of January we decided that I did want to stay a bit longer, so I've just been through the process of applying for an extension to my stay. I'm now keeping my fingers crossed. The guidance all said to get the application in at least 45 days before exit date, and I've gone for around 55 days just to be sure. I did it all online through the USCIS ELIS system, and it's currently showing as 'Optimised' which apparently means it's ready for a case worker to review it and make a decision. I'm hoping I hear back by the end of February, I have a friend here who went through the same process and for him, it took a month apparently.
I had to provide a covering letter, which had to explain why I wanted to stay, how I was supporting myself, how I could be away from work so long, and so on, as well as copies/scans of my I94, visa, passport, and info from my boyfriend to show he could afford to support me. I also put in a copy of the B2 cohabiting partner memo, on the advice of an immigration lawyer, and the letter from my employer confirming they're expecting me back at work on Jan 2nd 2014.
The whole thing was quite hard work, and cost $290, but that's still cheaper and less stressful than leaving the country and coming back!
If they grant my extension it'll be til September, and then the plan is to come back to the UK with all the relevant paperwork, and apply for an F visa, in time to start college here in the autumn. With the potential changes to the H4 Visa that are being talked about I could maybe just wait and see, the option for me having a work permit may present itself in the future, although that would obviously require us getting married. However I'm not massively confident that those changes will come in at all, and if they do, it won't be particularly quickly, we certainly can't assume or rely on that happening. In addition to that I still need to be competitive in the jobs market here, even if I had a work permit, so a degree from a US college seems to be a good idea (especially since I don't have one at all right now).
So it feels good to have a plan, although at the moment I'm just nervous that my plans will be scuppered by USCIS deciding not to agree my extension. In which case I'll have to go back to England, and try to come up with a plan B. I'll let you all know what happens!
I had to provide a covering letter, which had to explain why I wanted to stay, how I was supporting myself, how I could be away from work so long, and so on, as well as copies/scans of my I94, visa, passport, and info from my boyfriend to show he could afford to support me. I also put in a copy of the B2 cohabiting partner memo, on the advice of an immigration lawyer, and the letter from my employer confirming they're expecting me back at work on Jan 2nd 2014.
The whole thing was quite hard work, and cost $290, but that's still cheaper and less stressful than leaving the country and coming back!
If they grant my extension it'll be til September, and then the plan is to come back to the UK with all the relevant paperwork, and apply for an F visa, in time to start college here in the autumn. With the potential changes to the H4 Visa that are being talked about I could maybe just wait and see, the option for me having a work permit may present itself in the future, although that would obviously require us getting married. However I'm not massively confident that those changes will come in at all, and if they do, it won't be particularly quickly, we certainly can't assume or rely on that happening. In addition to that I still need to be competitive in the jobs market here, even if I had a work permit, so a degree from a US college seems to be a good idea (especially since I don't have one at all right now).
So it feels good to have a plan, although at the moment I'm just nervous that my plans will be scuppered by USCIS deciding not to agree my extension. In which case I'll have to go back to England, and try to come up with a plan B. I'll let you all know what happens!
#51
Account Closed
Joined: Mar 2004
Posts: 2
Re: B2 Cohabiting Partner visa - questions
So just as a bit of an update, towards the end of January we decided that I did want to stay a bit longer, so I've just been through the process of applying for an extension to my stay. I'm now keeping my fingers crossed. The guidance all said to get the application in at least 45 days before exit date, and I've gone for around 55 days just to be sure. I did it all online through the USCIS ELIS system, and it's currently showing as 'Optimised' which apparently means it's ready for a case worker to review it and make a decision. I'm hoping I hear back by the end of February, I have a friend here who went through the same process and for him, it took a month apparently.
I had to provide a covering letter, which had to explain why I wanted to stay, how I was supporting myself, how I could be away from work so long, and so on, as well as copies/scans of my I94, visa, passport, and info from my boyfriend to show he could afford to support me. I also put in a copy of the B2 cohabiting partner memo, on the advice of an immigration lawyer, and the letter from my employer confirming they're expecting me back at work on Jan 2nd 2014.
The whole thing was quite hard work, and cost $290, but that's still cheaper and less stressful than leaving the country and coming back!
If they grant my extension it'll be til September, and then the plan is to come back to the UK with all the relevant paperwork, and apply for an F visa, in time to start college here in the autumn. With the potential changes to the H4 Visa that are being talked about I could maybe just wait and see, the option for me having a work permit may present itself in the future, although that would obviously require us getting married. However I'm not massively confident that those changes will come in at all, and if they do, it won't be particularly quickly, we certainly can't assume or rely on that happening. In addition to that I still need to be competitive in the jobs market here, even if I had a work permit, so a degree from a US college seems to be a good idea (especially since I don't have one at all right now).
So it feels good to have a plan, although at the moment I'm just nervous that my plans will be scuppered by USCIS deciding not to agree my extension. In which case I'll have to go back to England, and try to come up with a plan B. I'll let you all know what happens!
I had to provide a covering letter, which had to explain why I wanted to stay, how I was supporting myself, how I could be away from work so long, and so on, as well as copies/scans of my I94, visa, passport, and info from my boyfriend to show he could afford to support me. I also put in a copy of the B2 cohabiting partner memo, on the advice of an immigration lawyer, and the letter from my employer confirming they're expecting me back at work on Jan 2nd 2014.
The whole thing was quite hard work, and cost $290, but that's still cheaper and less stressful than leaving the country and coming back!
If they grant my extension it'll be til September, and then the plan is to come back to the UK with all the relevant paperwork, and apply for an F visa, in time to start college here in the autumn. With the potential changes to the H4 Visa that are being talked about I could maybe just wait and see, the option for me having a work permit may present itself in the future, although that would obviously require us getting married. However I'm not massively confident that those changes will come in at all, and if they do, it won't be particularly quickly, we certainly can't assume or rely on that happening. In addition to that I still need to be competitive in the jobs market here, even if I had a work permit, so a degree from a US college seems to be a good idea (especially since I don't have one at all right now).
So it feels good to have a plan, although at the moment I'm just nervous that my plans will be scuppered by USCIS deciding not to agree my extension. In which case I'll have to go back to England, and try to come up with a plan B. I'll let you all know what happens!
#52
Just Joined
Thread Starter
Joined: Sep 2011
Location: Mountain View, California
Posts: 22
Re: B2 Cohabiting Partner visa - questions
So just as a bit of an update, towards the end of January we decided that I did want to stay a bit longer, so I've just been through the process of applying for an extension to my stay. I'm now keeping my fingers crossed. The guidance all said to get the application in at least 45 days before exit date, and I've gone for around 55 days just to be sure. I did it all online through the USCIS ELIS system, and it's currently showing as 'Optimised' which apparently means it's ready for a case worker to review it and make a decision. I'm hoping I hear back by the end of February, I have a friend here who went through the same process and for him, it took a month apparently.
I had to provide a covering letter, which had to explain why I wanted to stay, how I was supporting myself, how I could be away from work so long, and so on, as well as copies/scans of my I94, visa, passport, and info from my boyfriend to show he could afford to support me. I also put in a copy of the B2 cohabiting partner memo, on the advice of an immigration lawyer, and the letter from my employer confirming they're expecting me back at work on Jan 2nd 2014.
The whole thing was quite hard work, and cost $290, but that's still cheaper and less stressful than leaving the country and coming back!
If they grant my extension it'll be til September, and then the plan is to come back to the UK with all the relevant paperwork, and apply for an F visa, in time to start college here in the autumn. With the potential changes to the H4 Visa that are being talked about I could maybe just wait and see, the option for me having a work permit may present itself in the future, although that would obviously require us getting married. However I'm not massively confident that those changes will come in at all, and if they do, it won't be particularly quickly, we certainly can't assume or rely on that happening. In addition to that I still need to be competitive in the jobs market here, even if I had a work permit, so a degree from a US college seems to be a good idea (especially since I don't have one at all right now).
So it feels good to have a plan, although at the moment I'm just nervous that my plans will be scuppered by USCIS deciding not to agree my extension. In which case I'll have to go back to England, and try to come up with a plan B. I'll let you all know what happens!
I had to provide a covering letter, which had to explain why I wanted to stay, how I was supporting myself, how I could be away from work so long, and so on, as well as copies/scans of my I94, visa, passport, and info from my boyfriend to show he could afford to support me. I also put in a copy of the B2 cohabiting partner memo, on the advice of an immigration lawyer, and the letter from my employer confirming they're expecting me back at work on Jan 2nd 2014.
The whole thing was quite hard work, and cost $290, but that's still cheaper and less stressful than leaving the country and coming back!
If they grant my extension it'll be til September, and then the plan is to come back to the UK with all the relevant paperwork, and apply for an F visa, in time to start college here in the autumn. With the potential changes to the H4 Visa that are being talked about I could maybe just wait and see, the option for me having a work permit may present itself in the future, although that would obviously require us getting married. However I'm not massively confident that those changes will come in at all, and if they do, it won't be particularly quickly, we certainly can't assume or rely on that happening. In addition to that I still need to be competitive in the jobs market here, even if I had a work permit, so a degree from a US college seems to be a good idea (especially since I don't have one at all right now).
So it feels good to have a plan, although at the moment I'm just nervous that my plans will be scuppered by USCIS deciding not to agree my extension. In which case I'll have to go back to England, and try to come up with a plan B. I'll let you all know what happens!
#53
Just Joined
Joined: Aug 2013
Posts: 1
Re: B2 Cohabiting Partner visa - questions
Sorry to ressurect an old thread.
My girlfriend and I are in the same situation. I have just got my H1B and she will be applying for her B2 shortly. This thread has been very useful, thank you all for you contributions especially you ZB.
Zenith Blue - how did the extension application go?
My girlfriend and I are in the same situation. I have just got my H1B and she will be applying for her B2 shortly. This thread has been very useful, thank you all for you contributions especially you ZB.
Zenith Blue - how did the extension application go?
#54
Re: B2 Cohabiting Partner visa - questions
Er... should I stick my nose in...
You can stay for a year as a co-habiting partner, 8 CFR 214.2(b) says a minimum of six months on the I-94 so CBP do this generally, although the port director can make exceptions in special cases (e.g. they aren't entirely sure you're being truthful).
However they can let you in for a year without your having to file for an extension on I-539, the simplest way to convince CBP is to make sure the consular officer annotated the visa with "cohabiting partner".
If you get married to someone on H-1B, you can apply for change of status to H-4 on I-539. Note you can also apply for H-4 at a POE without the H-1B holder being present, provide proof you are married and proof of their status, such as the I-797 and a copy of their stamped I-94.
You cannot work as B-2 or H-4, this includes non-paid work that would ordinarily be paid. There were various Canadians denied entry to help with the Hurricane Katrina clean up for example, so many they had to amend the regulations.
You can study while on H-4. But you cannot engage in full-time study on B-2, this is prohibited by 8 CFR 214.2(b)(7). Part-time study is permitted, the example usually used is a cooking course while on vacation.
You can also change status from H-4 or B-2 to H-1B for example by an employer filing an I-129 for you, however you're not supposed to be looking for work.
You can stay for a year as a co-habiting partner, 8 CFR 214.2(b) says a minimum of six months on the I-94 so CBP do this generally, although the port director can make exceptions in special cases (e.g. they aren't entirely sure you're being truthful).
However they can let you in for a year without your having to file for an extension on I-539, the simplest way to convince CBP is to make sure the consular officer annotated the visa with "cohabiting partner".
If you get married to someone on H-1B, you can apply for change of status to H-4 on I-539. Note you can also apply for H-4 at a POE without the H-1B holder being present, provide proof you are married and proof of their status, such as the I-797 and a copy of their stamped I-94.
You cannot work as B-2 or H-4, this includes non-paid work that would ordinarily be paid. There were various Canadians denied entry to help with the Hurricane Katrina clean up for example, so many they had to amend the regulations.
You can study while on H-4. But you cannot engage in full-time study on B-2, this is prohibited by 8 CFR 214.2(b)(7). Part-time study is permitted, the example usually used is a cooking course while on vacation.
You can also change status from H-4 or B-2 to H-1B for example by an employer filing an I-129 for you, however you're not supposed to be looking for work.
#55
Re: B2 Cohabiting Partner visa - questions
Rene
#56
Re: B2 Cohabiting Partner visa - questions
Agreed, B-2 and VWP permit searching for work, being interviewed, and agreeing to terms of employment, just not actually working!
#58
Re: B2 Cohabiting Partner visa - questions
Well there's the general regulation of having to have non-immigrant intent, which if you're looking for employment, clearly you may not have.
The first question I always get asked at a POE is whether I intend on working in the US, if you answer "yes" you are going to get asked a lot more questions and if you say you're looking for work there's a good chance of denial of entry because you lack non-immigrant intent. What CBP have said to me in the past is to have specific proof of a specific pre-arranged job interview, e.g. a letter inviting you to an interview then they will let you in as a visitor for business.
This isn't some theory, I've been sent to secondary inspection more than once and grilled about my intent, so I think it's bad advice to say on a forum like this that it's generally okay to look for work, it's possible but you've got to be careful.
If you lie and say no and then look for work, then this could happen to you. I.e. banned from entry for fraud.
And also there's the 30 day rule about misrepresentation at a POE.
Anyway the point I was making (apparently too briefly) is you shouldn't roll up at a POE as H-4 and say you're looking for work. But on the other hand you could be in the US a long time as H-4 so changing intent later on is permissible.
The first question I always get asked at a POE is whether I intend on working in the US, if you answer "yes" you are going to get asked a lot more questions and if you say you're looking for work there's a good chance of denial of entry because you lack non-immigrant intent. What CBP have said to me in the past is to have specific proof of a specific pre-arranged job interview, e.g. a letter inviting you to an interview then they will let you in as a visitor for business.
This isn't some theory, I've been sent to secondary inspection more than once and grilled about my intent, so I think it's bad advice to say on a forum like this that it's generally okay to look for work, it's possible but you've got to be careful.
If you lie and say no and then look for work, then this could happen to you. I.e. banned from entry for fraud.
And also there's the 30 day rule about misrepresentation at a POE.
Anyway the point I was making (apparently too briefly) is you shouldn't roll up at a POE as H-4 and say you're looking for work. But on the other hand you could be in the US a long time as H-4 so changing intent later on is permissible.
#59
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 Cohabiting Partner visa - questions
Ian
#60
Re: B2 Cohabiting Partner visa - questions
One disadvantage of using the B2 cohabitating visa over being married is that you can't file your tax return as married filing jointly which is a large tax saving. With an income of $120,000 and using the standard deduction, your federal income tax is $16,800 filing as married filing jointly but is $24,000 filing as single. Then there are possibly state income taxes which will make the difference even greater.
http://britishexpats.com/forum/newre...e=1&p=10843469
The difference can mean you could possibly be driving a Porsche instead of a Hyundai, taking expensive vacations, or eating out every night.
http://britishexpats.com/forum/newre...e=1&p=10843469
The difference can mean you could possibly be driving a Porsche instead of a Hyundai, taking expensive vacations, or eating out every night.
Last edited by Michael; Aug 10th 2013 at 6:09 am.