pcuz

Not yet going to be starting in the US around the start of December. We could rush a wedding by then but we want to do it in the New Year but in the UK.

The Horticulturalist

Well someone who can tell you the details of the visas will be along soon I'm sure. But If it were me, my concern would be that while the L for your wife (not J) visa is very likely to be granted providing there are no convictions etc, an application for a B visa is equally likely to be denied.

And then you'd have to apply for the L visa with a denial, which may or may not cause you headaches, I don't know.

My advice would be to bring the wedding forward and go ahead with the application that way, it's much simpler.

Here's a question for the others reading this - Am I correct in thinking that US permanent residents who marry non USC's have to wait a long time to bring their spouses over? If yes, then would a similar scenario come into play here if the OP want to bring over a new wife after he has come here on his L visa? Is that doable?

Ozzidoc

My gut feeling is that the L visa is like the H with regards to this.....no delay to bring a spouse.

scrubbedexpat099

Very different, a LPR is a PERMANENT Resident, a L is a temp work visa, limited numbers for the former, none for spouses of the latter.

The Horticulturalist

Ok, I wasn't sure, thanks.

pcuz

So I am ok then? And this is something that is possible without to much hassle? After the marriage do we just need to go the embassy to change her status?

meauxna

You want to try for a cohabitating partner B-2 for her first visa, so she can come with you before you're married, right?

After you are married, if she is outside the US, she'll need to take the marriage certificate and make another NIV appointment and go for an L-2 visa (with your L-1 paperwork as her back up).

What TheH said about the B being unlikely to be issued doesn't count in your situation. Make sure it's marked as a cohabiting partner on the visa, and when she enters, on her I-94 card.

The part about a delay to bring your spouse only applies to spouses of Permenant Residents.

The Horticulturalist

Apologies, didn't mean to cause confusion

Are co-habiting partners pretty much guaranteed to get the B visa then?

meauxna

Oh, no problemo. It was a surprise to me to learn about them too. If you go back to the start of this thread, that is the context it was originally discussed in.. it's a bene only available to couples who are really actually living together for an extended time, not the new BF you picked up last weekend who wants to tag along to America with you.

Generally, as long as they provide evidence of the shared residence and the partner's regular NIV (the L or H etc) that's all there is to it. Also a boon for same sex couples who are legal (recognized) in other countries but not here.

There have been a recent batch of them posting on here lately.. maybe 4 or so people? It's not super common, but possible. They are limited to the no-working thing though, which drives some people nuts.

crg

They also may be required to show sufficient means to allow the arrangement. They wouldn't issue it if it appears there is no way for the partner to be able to support the other one.

pcuz

Yep that is exactly right! :-)

She will be in the US with me under the B visa. We are planning on going back to the UK together to get married and then obviously she will come back with me to the US and we will apply to change her visa over when we get back to the US. Does that sound workable? I think they even give you your marrriage certificate at the ceremony as soon as you get married in the UK as well. so we should have all the required paperwork.

Thanks for your help!

meauxna

hi,
No, read it again. Your then-wife will need to get her L-2 visa in the UK before returning to the US.
I suppose theoretically she could return on the B and file for a change of status, but she would not have a travel document then and if she left the US, she'd still have to go get the L-2 visa sticker.

crg

I agree. It would be unlawful to seek admission to the US with the B visa with the intention of seeking a change of status to an L-2. If they get married abroard and she intends to cohabitate in the US with the L-1, then she must get the L-2 visa stamp before travelling to the US.

The Horticulturalist

how long will it take for the L2, is she likely to get it within a couple of weeks of the wedding or will it longer?

pcuz

That makes no sense.. you get the visa that you are entitled to at the time. If you circumstances change then you seek a new visa for your new circumstances. I cant belive it would be a shock or suprising for somebody to go from a B visa (based on the fact they have that due to the fact they are connected to the L visa holder) and they then marry that person. I cant belive that this is the first time this has happened.

Would be interested to know on what basis you have worked out that this would be unlawful? Are you a trained immigration lawyer?