cedros699

Hi,
I just got a L1b visa for 3years, my partner (same-sex partner) didnt want to come first but it looks like he could change his mind.
What would be the best way for him ?
Is it better for him to ask for a B2 cohabitating partners ?
Can he stay more than 6 months/year with that visa ?
We can prove that we've been together for more than 7 years (common accounts, mortgage, house, ...) but when I did my L1 interview and the officer asked me if I had some family here, I said no (didnt really think about it), could it be a reason for him to be denied his visa ?
If its not possible he can consider staying on VWP, would he have any issue if he comes on VWP and stay for 6months/year (2 x 3months) ?
Thx in advance !
Ced

jeffreyhy

Tell us some things about him that would help us determine what visas might be available to him. You've mentioned only things that could qualify him for a B2, he must be more than a one dimensional person? Better than what? Have you read any of the numerous threads discussing the B2 visa for cohabiting partners that have been active this week? Probably not. Yes, definite issues, perhaps as early as the 2nd request for entry.

Noorah101

That depends on what visa he's qualified for. See the Wiki Guide called "Pulaski's Ways..." It lists all the available visas to the USA. We don't know what he's qualified for.

Better than what?

It depends how long the B-2 visa is valid, and it depends on how long of a stay he's given at the US POE. Typical is a 10-year B-2, with 6 months allowed at the POE. The 6 months can sometimes be extended without leaving the USA. His mileage may vary.

Probably not.

Maybe, maybe not. There's no way to know in advance. However, if he does apply for the B-2 visa, and it's denied, it will definitely affect his ability to use the VWP for a while after the denial...maybe even up to 6 to 12 months. He would have to fill out ESTA and declare the visa denial, which will in turn deny him ESTA, which means no VWP travel, until some time passes after the visa denial. However, the good news is that a strong B-2 cohabitating visa case usually gets approved (from what I've seen on this forum).

Rene

jeffreyhy

It's not a partner visa, it's a B-2 visitor visa. The purpose of his visit is to be with his partner - one of many valid purposes under the B-2 category. Given his purpose he could be given 1 year. If given 6 months he can apply for a 6-month extension of stay after he's entered. Maybe. An additional 6-month entry would be in line with the purpose of his visit.

DavidLemon

I believe the B-2 visa is the correct visa for your partner, which is the only appropriate visa for a partner that does not qualify for derivative status. Here is a snippet from the FAM

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

The B-2 classification is appropriate for aliens who are members of the
household of another alien in long-term nonimmigrant status, but who are
not eligible for derivative status under that alien's visa classification. This is
also an appropriate classification for aliens who are members of the
household of a U.S. citizen who normally lives and works overseas, but is
returning to the United States for a temporary time period. Such aliens
include, but are not limited to the following: cohabitating partners or elderly
parents of temporary workers, students, diplomats posted to the United
States, accompanying parent(s) of minor F-1 child-student. B-2
classification may also be accorded to a spouse or child who qualifies for
derivative status (other than derivative A or G status) but for whom it may
be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other
derivative visa, provided that the derivative individual intends to maintain a
residence outside the United States and otherwise meets the B visa eligibility
requirements. If such individuals plan to stay in the United States for more
than six months, they should be advised to ask the Department of Homeland
Security (DHS) for a one-year stay at the time they apply for admission. If
needed, they may thereafter apply for extensions of stay, in increments of
up to six months, for the duration of the principal alien's nonimmigrant
status in the United States.

cedros699

Perfect, thx a lot for your answers, seems more clear to me.

Eric S

My understanding is that the B-2 cohabitation partner visa can be extended indefinitely in 6 months increments up to the amount of time the principal visa holder is in the US.

http://travel.state.gov/visa/laws/te...rams_1414.html

ian-mstm

Are you at all interested in answering any of the questions that might help you even further?

Ian

DavidLemon

The visa you reference is not anything more than a normal B-2 visa. Many people on this forum keep referencing it as a B-2 cohabiting visa which does not exist.

However it is possible to get longer terms of stay on the B-2 if the length of the stay meets the purpose of the trip.