B2 to PR
Nov 12th 2009, 2:52 pm
#16
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Re: B2 to PR
It seems like most of this thread is a discussion of the B-2 cohabiting partner visa. I'm not sure if that's what you intended when you asked the original question or not. But I'm going to answer your original question.
Yes, it's possible to change from one status to another while in the US. It's called Adjustment of Status (AOS). So, among other things, you can adjust from B2 to PR. But there has to be a legitimate reason. You can't just enter on a B-2 and arbitrarily decide to adjust. There has to be a basis. For example, you meet a US citizen while you're here on the B-2 and get married. You can adjust your status based on the marriage to a US citizen.
I'm sure there are other possibilities, but the bottom line is that an AOS has to be based on some change in your circumstances. Not just because you want to.
- Eric S.
Yes, it's possible to change from one status to another while in the US. It's called Adjustment of Status (AOS). So, among other things, you can adjust from B2 to PR. But there has to be a legitimate reason. You can't just enter on a B-2 and arbitrarily decide to adjust. There has to be a basis. For example, you meet a US citizen while you're here on the B-2 and get married. You can adjust your status based on the marriage to a US citizen.
I'm sure there are other possibilities, but the bottom line is that an AOS has to be based on some change in your circumstances. Not just because you want to.
- Eric S.
Nov 12th 2009, 2:55 pm
#17
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Re: B2 to PR
- Eric S.
Nov 12th 2009, 2:59 pm
#18
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Re: B2 to PR
I totally agree Eric. My point is that one could have the intention of getting a job in the US and get a B2 to help that process. Also, in this specific example we are talking about a same sex couple who cannot get married (in USCIS's eyes). I am at a loss as to how a same sex couple can get PR out of a B2.
I can't see how a person, who is here on the B-2 cohabiting partner visa, can get a PR out of it either. Unless, as I said, something in their circumstances changes which allows them to AOS. And if they are a same sex couple, it's not going to be marriage.
- Eric S.
Nov 12th 2009, 3:03 pm
#19
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Re: B2 to PR
I totally agree Eric. My point is that one could have the intention of getting a job in the US and get a B2 to help that process. Also, in this specific example we are talking about a same sex couple who cannot get married (in USCIS's eyes). I am at a loss as to how a same sex couple can get PR out of a B2.
Yes, you can have the intention of getting a job in the USA, and get a B2 to come to the USA to attend interviews and submit resumes. If you get lucky and an employer wants to sponsor you, then you go back home and re-enter with the H1B when you get it. No problem there.
A same-sex couple cannot get PR status from a B2. End of story.
One of the partners, if they are in the USA on a work visa, can have their partner come over on a B-2 as a co-habitating partner. The one working in the USA (on an H1B or whatever) could eventually get PR status through his/her employer. But the same-sex co-habitating partner never can get PR status at all. And I doubt they'd be able to stay forever on a B-2 as well, because that's supposed to be of a temporary nature. I imagine if they want to stay together, eventually they'd both go back home.
Rene
Nov 12th 2009, 3:05 pm
#20
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Re: B2 to PR
Spouses of H1b visa holders get an H4 visa which does not allow them to work - so being a partner on a B2 makes no difference from an economic point of view.
Nov 12th 2009, 5:12 pm
#21
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Re: B2 to PR
Originally Posted by hereandthere;
I will re-read the original thread but I cannot for the life of me see how that couple is going to live together for the duration of the H-1B unless as I say above, the B2 holder is a millionaire and can essentially stay on permanent holiday in Texas.
And for that matter EVERY H1B spouse cannot work and are thus supported by their spouse for the duration of the stay - so your concept that it cant be done unless you are a millionaire is just plain rubbish.
Nov 13th 2009, 7:33 pm
#22
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Re: B2 to PR
this thread seems to be in reference to my situation. I see no difference in me going out to work every day and my partner not working, than the millions of other couples where only one partner works. I will be more than able to support her financially (I do it now anyway), no need to be a millionaire (although it would be nice!).
There are plenty of things she will be able to do to keep busy like volounteering at the local animal shelter and getting involved with the local gay community.
As far as becoming a PR is concerened, at this point in time we both know it's unlikely but you never know what the future holds, laws can change, but lets not run before we can crawl we still have to apply for her B2 which in itself is complicated but not impossible.
anyway enough jabbering, I have cases to pack
There are plenty of things she will be able to do to keep busy like volounteering at the local animal shelter and getting involved with the local gay community.
As far as becoming a PR is concerened, at this point in time we both know it's unlikely but you never know what the future holds, laws can change, but lets not run before we can crawl we still have to apply for her B2 which in itself is complicated but not impossible.
anyway enough jabbering, I have cases to pack
Nov 15th 2009, 10:42 am
#23
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Re: B2 to PR
this thread seems to be in reference to my situation. I see no difference in me going out to work every day and my partner not working, than the millions of other couples where only one partner works. I will be more than able to support her financially (I do it now anyway), no need to be a millionaire (although it would be nice!).
There are plenty of things she will be able to do to keep busy like volounteering at the local animal shelter and getting involved with the local gay community.
As far as becoming a PR is concerened, at this point in time we both know it's unlikely but you never know what the future holds, laws can change, but lets not run before we can crawl we still have to apply for her B2 which in itself is complicated but not impossible.
anyway enough jabbering, I have cases to pack
There are plenty of things she will be able to do to keep busy like volounteering at the local animal shelter and getting involved with the local gay community.
As far as becoming a PR is concerened, at this point in time we both know it's unlikely but you never know what the future holds, laws can change, but lets not run before we can crawl we still have to apply for her B2 which in itself is complicated but not impossible.
anyway enough jabbering, I have cases to pack
Nov 15th 2009, 11:37 am
#24
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Re: B2 to PR
As a PR your partner would not be eligible for a long stay B2.
