Steve N

Long term UK-USA relationship too far

In September 2014 I moved to the US on a J1 visa (J-1 Research Scholars/Professor) and my status is valid until September 2019. When I left my boyfriend stayed in London and we planned on him regularly visiting me using the Visa Waiver Program (VWP). He came over from October to December in 2014 and we went back together to the UK for Christmas. I then returned to the US in January and he stayed in the UK. In March he came over again and soon he is returning to the UK before the 90 days on the VWP are up. The timing of his trips is based on advice from forums such as this suggesting that you should remain outside the US for as long as you were in it for repeat VWP trips.

Being apart is making us both miserable and we would like to be together. This is the point where many of you say just get married but we’re not ready for that right now. Instead we’d like him to get a B2 status for a cohabiting partner allowing him to stay for a year. Thus we’d like some advice on this route. He knows that he cannot do work of any kind on a B2 visa and I am able to support him on my salary.

Our questions are these–

Firstly, is the fact that I’ve been in the US for 9 months already a problem? He has his I94 travel record showing that he has been with me six of those nine months.

Secondly, we don’t have a great deal of evidence that we lived together in the UK. We have UK drivers licenses at the same address but that’s about it. We do have lots of pictures of us both, Facebook, etc. What types of evidence do they need to show we are (were) a co-habiting couple?

Thirdly, neither of us own property or a business in the UK. He works as a carer for disabled adults while in the UK but these are short term positions. Hence, he lacks a strong connection to the UK as the consular people would put it. He has zero interest in remaining in the US long term but how does he prove this?

Obviously the worry is that he gets denied a B2 and then is prevented from using the VWP for 6 months or more.

Any advice gratefully received.

Steve N.

Noorah101

When you were both living in the UK, were you co-habitating, and can prove it?

Probably not a problem, as long as you were already co-habitating back in the UK, and can prove it.

Why don't you have much proof of co-habituating in the UK? Photos of both of you and a FB page does not prove you lived together, in my opinion...it just means you knew each other. UK drivers licenses showing the same address is helpful, but my guess is that they'll need something more concrete, like joint rental agreement, joint mortgage, joint bank accounts, perhaps....or more paper evidence of you both living at the same address...like each of you having your own bills and mail that came to you at the same address.

It's not necessary to own property to obtain a B-2 cohabitating visa. By the simple fact that YOU cannot remain in the USA permanently, then neither can he.

Yes, that is a concern and is a risk you either take or don't take.

Rene

Sally Redux

Make an honest man of him.

scrubbedexpat099

Ditto

Steve_

It's not brain surgery, he just applies for a B-2 visa and you give him a copy of your I-94 to take with him (which is simple now they're electronic), make sure he has a passport that has a decent amount of validity. I would have thought DLs at the same address is perfectly sufficient. Alternatively you could go in person with him if you're really paranoid.

He gets ten year visa, make sure the CO annotates it as "cohabiting partner" and then the inspector will issue an I-94 with one-year validity (assuming your status lasts at least that long). It can be helpful at the POE for him to have a copy of your I-94 or an I-797 confirming your status (unless you're travelling together, in which case you just pull out the originals).

The other way of doing it would be to get married but I can't see that it's strictly necessary.

This explains it in more detail: B-2 Visas for Domestic Partners, Visitor visas, U.S. Immigration

The law, 8 USC 1101(a)(15)(B), requires that you have a residence abroad that you have no intention of abandoning. So you need proof of that. Lease, rental agreement, deed, etc.

Sally Redux

I guess, but J2 would allow spouse to work and I'm just an old romantic.

petitefrancaise

Take it from me, having a bored spouse at home doesn't help relationships either.

Pulaski

Nor the bank balance. ..... It's a case of the "no income being added + more time to spend the money" double whammy.

Steve N

Actually I was mistaken we did both have our names on rental lease.

However, I keep banging against the following

' The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning.'

We don't own property (good luck with that in London) and this seems to imply that anyone applying for a B2 visa must own a property. Is this a correct reading of the requirements?

scrubbedexpat099

No need to own it

Noorah101

No. You don't need to own property. You just need to prove that you were cohabitating.

Rene

S Folinsky

I see that OP mentions she is in the US as a J-1. If the J is a "subject to" visa, that can be a factor on intent to return to home country.

Pulaski

I believe he was referring to "showing ties to the UK/ intent to return home" not proving that they were cohabiting.

Steve N

The OP is a he, we're a same sex couple, but I realize that is not a factor here.

In the link kindly posted above
B-2 Visas for Domestic Partners, Visitor visas, U.S. Immigration
B-2 Visas for Domestic Partners, Visitor visas, U.S. Immigration

It states

THE ACCOMPANYING PARTNER MUST STILL SATISFY
THE RESIDENCE ABROAD REQUIREMENT
——————————————-

7. As in any B visa case, the accompanying partner must still establish that he/she has a residence abroad that the alien does not intend to abandon. In determining whether the individual can meet this burden, posts should not focus on the duration of stay per se but rather should examine the B-2 applicant’s ties abroad and the likelihood that he/she would stay in the U.S. illegally after the “principal” alien departs.

As the co-habiting B2 visa is initially 1 year and can be extended based on the visa holder's status then I can't imagine anyone who doesn't own a house maintaining a residence, i.e. renting somewhere for over a year when they will not be in the country. Thus, I this requirement is a tad murky for me.

By subject to I assume you mean the 2 year home residence requirement. I have a research position at Harvard and I'm not subject to the 2 year rule.

Steve_

Look he's got to have a residence abroad that he has no intention of abandoning.... and... so do you, it's a requirement for most non-immigrant categories, including J-1.

Usually it's not an issue because the principal has one, so the co-habiting partner by definition has one.

So he says to the inspector the address you were intending to return to abroad.

It's that simple. Then if the inspector phones you, the story matches.

8 USC 1101(a)(15)(J):

So what exactly did you put on your DS-160 when you applied for a visa?