B2 visa with J1 partner
Jan 25th 2009, 11:30 am
#16
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Location: Phoenix, Arizona
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Re: B2 visa with J1 partner
Great news! Congratulations! 
Apr 25th 2009, 10:55 am
#17
Just Joined
Joined: Feb 2009
Posts: 15
Re: B2 visa with J1 partner
Thanks for posting your outcome. I'm in a bit of the same dilema! My partner is on an f1 visa and we will be applying for f2 for our children.As we are not married yet I cannot apply under this status i'm hoping to apply for a B2, what are the chances of me getting one and is there any chance of this being extended.
Last edited by smokyjoe; Apr 25th 2009 at 10:55 am. Reason: spelling
Apr 25th 2009, 12:29 pm
#18
American Expat
Joined: Jan 2004
Posts: 7,598
Re: B2 visa with J1 partner
I work with quite a number of gay men and lesbians who receive long-term visas and wish to have their spouses or domestic partners accompany them to the USA. I think it's fair to say that I do LOTS and LOTS of such work.
Stuart Folinsky is quite right. If you can demonstrate that the couple is cohabiting -- and if they have done so for a reasonable amount of time -- the US Consulate is likely to grant the spouse/partner a B-1/B-2 with an annotation that say that the visaholder is a long-term partner. The border guard should then grant that B-2 visaholder a one year I-94 -- assuming that the principal visa applicant will be staying at least that long. The B-2 is renewable for additional one-year increments.
Although there are some homophobic ConOffs and border guards, it is now fairly well established that these visas are out there and that the I-94 should be given with little argument. Most consuls and Port Directors would overrule the border guard's denial, absent an independent reason to deny admission.
--J Craig Fong
Los Angeles, CA
Stuart Folinsky is quite right. If you can demonstrate that the couple is cohabiting -- and if they have done so for a reasonable amount of time -- the US Consulate is likely to grant the spouse/partner a B-1/B-2 with an annotation that say that the visaholder is a long-term partner. The border guard should then grant that B-2 visaholder a one year I-94 -- assuming that the principal visa applicant will be staying at least that long. The B-2 is renewable for additional one-year increments.
Although there are some homophobic ConOffs and border guards, it is now fairly well established that these visas are out there and that the I-94 should be given with little argument. Most consuls and Port Directors would overrule the border guard's denial, absent an independent reason to deny admission.
--J Craig Fong
Los Angeles, CA
It's the government's way of being sneaky about granting permission for nontraditional couples from cohabiting by tacking it on to the acceptable uses of a B-2. Is it even in the INA, or just the DOS regs?
US Govt: You CANNOT live in the US on a B-2!........... *pssst* low voice: how about we put a little note on your B-2 so you can live with your partner...... shhhh... keep this quiet please.....
Dec 9th 2009, 4:09 pm
#19
Just Joined
Thread Starter
Joined: Dec 2008
Posts: 5
Re: B2 visa with J1 partner
I just wanted to make a further update/record in case anyone needs the advice.
At point of entry the customs officer will only issue an I94 for 6 months maximum (not a year), no matter how long the B2 is valid for or for how long the J1 cohabiting partner's contact (DS2019) lasts. Of course this is extremely irritating as it means a petition has to be filed every 6 months at a cost of $300 for a new I94, or that the partner has to leave the country and come back and run the risk that the customs officer understands that B2 is a an appropriate visa for a cohabiting partner of a J1 (or other visa). I recommend the former option as 'enlightened' is not a word I'd use to describe customs.
I totally agree with CRG below that this is a pathetic arrangement for a country like the USA. I feel nothing but sympathy for gay couples; at least we have the choice of getting married.
I may offend some here, but I would also like to add that in my experience customs officers are unecessarily aggressive, patronising and, worst of all, seem to be under the impression that they always claim the moral high ground. Our circumstances are generally met with sneering disapproval or rhetorical, aggressive questioning. It is an extremely stressful situation when you know (a) you haven't done anything wrong and (b) your future is balanced in the hands of these egregious people.
At point of entry the customs officer will only issue an I94 for 6 months maximum (not a year), no matter how long the B2 is valid for or for how long the J1 cohabiting partner's contact (DS2019) lasts. Of course this is extremely irritating as it means a petition has to be filed every 6 months at a cost of $300 for a new I94, or that the partner has to leave the country and come back and run the risk that the customs officer understands that B2 is a an appropriate visa for a cohabiting partner of a J1 (or other visa). I recommend the former option as 'enlightened' is not a word I'd use to describe customs.
I totally agree with CRG below that this is a pathetic arrangement for a country like the USA. I feel nothing but sympathy for gay couples; at least we have the choice of getting married.
I may offend some here, but I would also like to add that in my experience customs officers are unecessarily aggressive, patronising and, worst of all, seem to be under the impression that they always claim the moral high ground. Our circumstances are generally met with sneering disapproval or rhetorical, aggressive questioning. It is an extremely stressful situation when you know (a) you haven't done anything wrong and (b) your future is balanced in the hands of these egregious people.
Dec 9th 2009, 7:00 pm
#20
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Joined: Apr 2009
Location: Berkeley, CA
Posts: 927
Re: B2 visa with J1 partner
Some CBP officers are fair, courteous and understanding. Many are not. It's luck of the draw who you get and which side of the bed she got up on that morning.
Dec 9th 2009, 11:40 pm
#21
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: B2 visa with J1 partner
That said, I agree with henryh's summary of things.
Ian
Dec 10th 2009, 11:01 am
#22
US immigration lawyer.
Joined: Jan 2008
Location: Los Angeles & Palm Springs, California
Posts: 695
Re: B2 visa with J1 partner
Well, you certainly won't get any disagreement from ME on this point.
