DavidLemon

There is only one type of B-2 visa, there is no B-2 cohabiting visa. However it does clearly state that the B-2 is the appropriate visa for applicants that wish to remain cohabiting with their partners who are currently residing in the US on a temporary non-immigrant visa.

raf rose

'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'...... so that means i will have to prove that getting the E-2 derivative visa is inconvenient or impossible for me???

raf rose

some members are helping me out so much, i am very thankful to all of you, thanx a lot

Michael

Technically there isn't any difference but just going to the embassy and applying for a B2 visa without stating that you are applying for that visa under the policies for cohabitation will likely be denied more often then if you didn't state that if your purpose was to live with your partner who was on a non immigrant visa in the US or if you are from a visa waiver program country. This is especially true if you are unmarried but don't have any idea whether it would be true for a married couple.

So there is some difference in that if the visa is issued for the purposes of cohabitation, it assumes you will be living in the US but if not, you are visiting the US. Also the possibility of extending the visa is virtually nil if it is not issued for the purposes cohabitation. In fact I believe that at the POE, the visa is marked differently.

Michael

That is what I would assume. However before you pursue a B2 visa route, a B2 visa doesn't not allow you to work and your stay is normally for 6 months but may possibly be extended for another 6 months but usually you will have to leave and remain outside the country for a specific period of time before reentry but a derivative E2 visa issued for a spouse does allow you to work and will be renewed whenever the E2 visa holder's visa is renewed. Therefore a derivative E2 visa is significantly better.

Not only that but in many states you can not get a driver's license on a B2 visa but you can on a derivative E2 visa. Also if you claim that it is inconvenient or impossible to get a derivative E2 visa to get a B2 visa, that can be possibly used to deny you a "change of status" to E2 if that is attempted since why is it inconvenient or impossible at one time and not at another time?

jeffreyhy

Well, the FAM tells us that when applying for a B-2 visa "The applicant must have specific and realistic plans for the entire period of the contemplated visit." So yeah, if the purpose of the visit is to cohabit with one's partner who is in the USA as a nonimmigrant, that's what one is going to tell the consular officer.

The visa applicant is not going to be living in the USA. They are going to be visiting the USA, same as any other B-2 applicant, if for an extended period of time. The applicant is required to maintain a residence outside the USA to which they can return, same as any other B-2 applicant. Extending the period of stay (not extending the visa) is in any case based on the reason given. Agreed that the partner still being in the USA is a valid reason for approving an extension of stay, while some other reasons that some people may have are not valid. The entry stamp might well be marked to identify the specific purpose of the visit. I doubt that the visa itself is marked up, but I expect that the notation section of the visa also indicates the specific purpose of the visit. Regards, JEff

jeffreyhy

Shouldn't need a state driver's license if they have one from their home country. The person is a visitor to the state, not a resident of the state.

Regards, JEff

scrubbedexpat099

I have seen people apply a week after refusal and obtain a B2.

So no impossibel.

Why in this case someone would want a B2 rather than E2 is beyond me.

It seems the Lawyer is suggesting she did it so she could adjust to E2 status, which is brain dead.

DavidLemon

In some states you can only drive a hire car on a foreign license, so insurance may not be possible or very very expensive if she were to drive the family car.

I should add that this happened to me when i came over to Michigan many years ago. My then GF (Now wife) wanted me to drive her car, but i was told by her old man that it was not allowed on my license, and that I was only allowed to drive a hire car. He works in the local station, so took his word for it. Still drove her car though

Michael

You are correct. We've had people on BE that entered for cohabitating purposes and the POE officer didn't indicate that on the entry stamp and they had to get the POE officer to mark the entry stamp.

Michael

And possibly detrimental to changing status if she has to prove that it is inconvenient or impossible to get a derivative E2 visa. Oh the web we weave.

jeffreyhy

Agreed. Maybe. Or maybe the lawyer knows some things that we don't know about this particular situation. Hopefully the lawyer has had a more detailed discussion with the OP than we have had. Regards, JEff

scrubbedexpat099

There would have to be a very good reason, why be landlocked and all things being equal an E2 derivative would be a shoe in as opposed to all of this.

raf rose

so we changed lawyer and he advised us to go for E2 dependent visa. now i wud like you ppl if you have any exp or know any stories from the ppl of this blog and share with me so i will be more confident... my family is saying we shud wait for atleast 6 months before doing anything again, shud we wait or shud we go ahead now as it dosnt say anywhere that we shud wait or anything like that.

scrubbedexpat099

Why wait 6 months?