Noorah101

She can try to get a B2, and stay for the allotted time on that....usually 6 months in the USA. However, it's usually hard to get a B2 if one qualifies for the VWP. They would want to know why she needs to stay in the USA longer than 90 days.

Rene

JCraigFong

Meryl: I don't recommend it. Even IF she is granted the B-2 as a touristic visitor, she'll only be granted 6 months' stay, and when she seeks an extension of stay (EOS), she'll get LOTS of flack from immigration authorities. There is an extremely high refusal rate for EOS on B-2 visitors.

If all the bills are in YOUR name, what about life insurance, auto insurance and car registration, magazine subscriptions, veterinary bills when you take the pet to the vet, common addresses on driver permits, wills, trusts, common bank accounts, common retirement accounts.

--J

Folinskyinla

As an addendum -- I always recommend to use your imagination to show that you live at "x" address and then that she lives at "x" address. If you put your mind to it, you'll be surprised what you might think of. There is no magic "checklist" in this arena. For example, what about voter rolls. Driver's licenses, etc etc. Pictures? What about the Christmas card envelopes with both your names on the envelope.

To repeat, do not think "checklist" to be met. Use your imagination.

JCraigFong

Stuart's right: if you don't have the usual trappings and documents, think outside the box. That's why I mentioned the veterinarian! Or the magazine subscriptions. Oh! How about your BBC license? Is it under both names? Other possibles: do you go to the same doctor? How about a letter from the doc? Or, ummm, same pharmacy? What about the "in case of emergency" form from your office or school? Joint gym membership? Video club card?

Best of luck.

--J

Folinskyinla

Hello all:

A further reminder -- although OP asked about same gender couples, this applies to all unmarried couples. It also applies to other cohabitants -- that H-1b who is taking care of grandma as an example.

Meryl

lots to think about there, thanks everyone

Meryl

the only things we have in both our names are things like invitations, plane tickets etc, altho we do have a load of photos of us both(longshot!!!). It's unfortunate that altho we've been together for some time, we've only really been living together for the last 6 months, and she still has her own address. We were just on the verge of making the shift to joint accounts etc when this came up- talk about timing!!!

JCraigFong

Here's a thought. Doesn't the UK have a domestic partnership scheme? Well, get yourselves to a registry office and register your partnership! That certainly provides a bright line in the sand. Now: you should still expect to be asked for documentation, but the registration should go some distance.

Best of luck.

--J

Meryl

....good point, I could just marry her! it's something we talked about for the future anyway...plus she always wanted to be a housewife lol now's her chance!

Folinskyinla

Meryl:

As good friend J put it -- think outside the box. You have constructed a box of "in both our names."

First of all, the invitations are good evidence as are plane tickets. However, what about things in your name showing your address and things in your beloved's name showing her at the same address.

Do not construct those boxes. J and I were talking this afternoon that we both were involved with the 1987-8 "legalization" program where applicants had to show presence in the US from before 1982 -- and many of these people had been living "underground" off the legal radar -- it was good training for both of us -- and we both told the clients to use their imaginations to fill that "big box" which we could then construct a case.

Again, do not think "check list" nor confine yourself to a box.

Meryl

is it too late to open a joint account etc now? she still uses her old address so we're struggling to find anything with her name on it at the address we both live at now- it's lousy timing as we were just about to make everything final when this happened.

Folinskyinla

Meryl:

Both J and I are lawyers. I have the highest opinion of J and he is one of the brightest immigration lawyers I know -- it is joy to share space with him and his partner. That said, neither of us are your lawyer.

Both of us have been giving you guidelines. For example, the UK has a Civil Partnership law for same gender couples. J suggest that and you went off on marriage.

J also mentioned early on that perhaps you should hire a lawyer. There are several in the UK who I am sure would be more than happy to help you.

Good luck.

Meryl

thanks for your advice, I'm currently looking for a good lawyer to take on our case........could you recommend any? (last question I promise!!)