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B2 Visa for Cohabiting Partner

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Old Apr 4th 2010, 2:34 pm
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Default B2 Visa for Cohabiting Partner

Hello all,

I am an L1-A visa holder - issued in Febuary 2009, and I have been here since March 2009. After a period of temporary sepearation my same-sex partner is now ready to join me in the US having completed his work assignment in the UK. We have lived together as co-habiting partners for 12 years, and have joint bank accounts, joint mortgage etc. in the UK.

I have a couple of questions regarding my partner's plan to come to the US on the basis a B2 Co-habiting visa:

1. My partner already has a 10 year B1/B2 and C1 visa in his passport (5 years remaining) as he was previously a flght attendant.

Does he need to apply for a new B2 or can he enter on the existing B2? Does he have to reference my L1-A upon entry?

2. My employer has applied for I140 and I485 for me to receive a green card. The I140 has been approved (March 10) and the I485 AOS is now pending. Irrespective of the finalization of my AOS, my partner will retain our property and investments (and his ties) back to the UK.

When I adjust my status to Permanent Resident, does this materially change my non-immigrant status and therefore cast doubt over my partner's intent to only stay in the US temporarily and not indefnintely?

Many thanks for your feedback.

P
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Old Apr 4th 2010, 3:09 pm
  #2  
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Default Re: B2 Visa for Cohabiting Partner

Originally Posted by purdey
Hello all,

I am an L1-A visa holder - issued in Febuary 2009, and I have been here since March 2009. After a period of temporary sepearation my same-sex partner is now ready to join me in the US having completed his work assignment in the UK. We have lived together as co-habiting partners for 12 years, and have joint bank accounts, joint mortgage etc. in the UK.

I have a couple of questions regarding my partner's plan to come to the US on the basis a B2 Co-habiting visa:

1. My partner already has a 10 year B1/B2 and C1 visa in his passport (5 years remaining) as he was previously a flght attendant.

Does he need to apply for a new B2 or can he enter on the existing B2? Does he have to reference my L1-A upon entry?

2. My employer has applied for I140 and I485 for me to receive a green card. The I140 has been approved (March 10) and the I485 AOS is now pending. Irrespective of the finalization of my AOS, my partner will retain our property and investments (and his ties) back to the UK.

When I adjust my status to Permanent Resident, does this materially change my non-immigrant status and therefore cast doubt over my partner's intent to only stay in the US temporarily and not indefnintely?

Many thanks for your feedback.

P
An attorney member of BE: J Craig Fong.


No advice given nor intended.

Last edited by S Folinsky; Apr 4th 2010 at 3:10 pm. Reason: correct web link
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Old Apr 4th 2010, 3:18 pm
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Default Re: B2 Visa for Cohabiting Partner

More info at http://www.fongandchun.com/lawyer-attorney-1420547.html

ETA: He's updated his profile and seems to have removed some his experiences, which would be of interest to the OP.
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Old Apr 4th 2010, 3:32 pm
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Default Re: B2 Visa for Cohabiting Partner

Originally Posted by S Folinsky
An attorney member of BE: J Craig Fong.


No advice given nor intended.
Agree
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