VISAQUESTION

Hi there,

I am new to the forum but see from old posts this is probably the best place to get good advice.

I am transferring to a US branch of my current employer and I definately qualify for an L1B visa. The company hired an immigration lawyer to do the paper work but they said that I should fill up the forms myself for a B2 visa for my partner to take to the consulate appointment when I go. (I suppose the deal was just for my visa)

I understand this is a non working visa and we can get an L2 visa for him once we are married (planned for Aug 2012) as a derivative off mine. My partner has expressed an interest in perhaps doing some sort of study course to fill in the time.

I understand that I will have to bring evidence of our financial dependence on each other. I have 6 yrs mortgage statements, insurance docs etc with both our names on it and plenty of photos.

My main concern though, is them asking about him being able to support himself while he is in b2 status. Im not sure this would be such a worry if the roles were reversed and it was a female getting the b2 as males are historically the breadwinner. (I am a female and am not at all sexist). i will be earning a decent enough wage but Im not sure yet how far it will go over there or if the consulate will think its enough to support 2 people. We will have about $10k going from the sale of our car etc.

I suppose Im asking what sort of evidence the consulate will ask for about him supporting himself/me supporting him?

Also, i am looking at the online form for the B2 and they are asking about employment history. My ptnr has been working up until May this year but things have dried up for him here. Will they think this is a problem-ie that he will try to work in the usa?

Sorry for all the questions but I just want to be prepared for the consulate interview.

Thanks in advance for your help!

Bob

Show them what you'll make above the poverty line for 2 person household, that's above the going rate for the location.

Thing with the B2, it'll likely only get stamped for 6 months and would need an extension.

If the OH were going to study, it would probably be pretty expensive paying international rates, even if he got the F1 student visa.

Just get married now in a registry if you were planning on it and do the poncy ceremony with all the bells and whistles later when you planned on doing it. He'll then get the L2 and be able to work and you won't have any faff to worry about.

Mummy in the foothills

I thought they pretty much refuse all B 2's if you are eligible to use the VWP? Seeing that she will be on an L1 then he has reason to stay in the US and not return to the UK as he should.

scrubbedexpat099

I go with Bob.

scrubbedexpat099

Different situation.

Mummy in the foothills

How?

Noorah101

There is a B-2 for visitors, then there is a B-2 for cohabitating partner.

Rene

Mummy in the foothills

OK Thanks, I had no idea there were two different B-2 visas

Noorah101

It's the "same" visa, but a cohabitating partner has a better chance of getting the visa, and then getting it extended once inside the USA.

Rene

ian-mstm

Yes, but not if the person is seeking a B-2 cohabiting visa... which seems to be the case here.

Ian

ian-mstm

He wants a B-2 cohabiting visa... not a regular B-2 visa. When he goes to the Consulate for an interview, he must be absolutely sure to specify that he's seeking a B-2 cohabiting visa. Also, when he enters the US, he must again be sure to specify that he's seeking entrance as a B-2 cohabiting partner. The "cohabiting" bit is very important... as the partner is often allowed to remain in the US for the duration of the applicant's L-1 visa.

He can't work on a B-2 visa, and it's unclear whether he can attend school... because he really is just a visitor, albeit with a longer duration.

Ian

Eric S

I'll throw in my nit pick here. It's "cohabitating" partner, not "cohabiting" partner.

And here's the info:

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

- Eric S.

ian-mstm

Some people say orienting... others say orientating. The former is correct; the latter is not. That said, I can see why the US government perfers one over the other... although they're also wrong!

Ian

Eric S

Right. I'm not saying that "cohabitating" is the correct word. Just that that's how the State Dept. refers to the visa classification.

Interestingly, if you read through the cable at the link I included, they actually use "cohabiting" once.

EDIT: I looked around for other official documents on this visa classification. Thinking that maybe just the person who typed up the cable made a mistake. But the actual regulation in 9 FAM 41.31 uses "cohabitating". It repeats the wording in section 12 of the cable.

- Eric S.

VISAQUESTION

Thanks for all your replies.

Bob, I looked up the poverty line in the USA and it is apparently $14,710 for a 2 person household-can that be right??- it seems so low! (
http://en.wikipedia.org/wiki/Poverty..._United_States) I will definately be earning in excess of that so hopefully I have nothing to worry about re consulate questioning by ability to support my partner.

We have thought about the registry office now and fancy wedding later but I think it would take something away from the "special day"- although we may change our minds if we find it tough surviving on the 1 wage! Perhaps we will just bring the wedding forward.

What is the process to change his B2 to an L2, is it complicated? Will he have to leave the country and go to the consulate then re-enter? would I have to be with him? Once he has his L2 can he work straight away then?

Unrelated question- when looking at the DS160 (The online B2 appllication form) it asks if you ever lost a passport. My partner lost his last one 5 years ago- is this going to be an issue? Why do they ask this question?


thanks