H1B Visa Process and Gay Partner
 

Hi there
I wonder if anyone can help.

My partner has been offered a role in NY and the employer is going to arrange the H1B visa. We have told them that I would be coming also and I fully understand that I can't work while there, so it is a big change for me. I'm willing to do volenteer work, if that is allowed.
The company has said that they will only arrange the H1B visa and we will have to sort my own tourist visa out.

As I correct in thinking that I can apply for a B-2 visa while his H1B visa is going thru? We live together but are not in a civil partnership, will that effect anything? Also, so you know how much it will cost to sort out myself, and is it likely to get rejected because the compnay is not doing it?

Any advice would be greatly appreciated.

Re: H1B Visa Process and Gay Partner
 

It is allowed, but it has to be "real" volunteer work. You can't "work for free" and you can't receive any compensation whatsoever in return for your help - no money, no food, no shelter, no coupons, no discounts on stuff... nothing.


Yes.


Not likely, no.


The company's involvement is irrelevant. No idea on the cost. However, you need to know that if you are eligible to use the VWP, you are likely not going to get a B-2 visa. If you apply for a B-2 visa and it is denied, you will need to declare that visa denial on every subsequent US visa application... and that includes applying to use ESTA for the VWP.

Ian

Re: H1B Visa Process and Gay Partner
 

Surely he could apply for a "cohabiting partner" B2? Plenty of people who are eligible for the VWP get a cohabiting B2 visa.

Re: H1B Visa Process and Gay Partner
 

The other issue you may run into is insurance. You may be able to get on your partners plan but not all companies allow non-spouse additions. That would mean you would need to sort out health insurance for yourself, that might not be easy or cheap for you.

Re: H1B Visa Process and Gay Partner
 

Thanks, I'm able to be added to my partners employers health insurance policy.

Thanks for you all your other advice, it is really helpful.

As I would want to stay longer then the maximum 90 days on the VWP I was expecting it to be a B-2 Visa.

Re: H1B Visa Process and Gay Partner
 

Marocco mentioned it: a "cohabiting partner" B visa. You get a special notation on the visa sticker noting that you are joining a partner who is in the US on a non-immigrant status. The border guard then has the option to admit you for 12 months vs 6, vs 90 days on the VWP.



Spouses, Children & Partners

* Spouses, children and partners
<snip>

More information for partners and common-law spouses.

Common-law Spouses and Partners

U.S. visa law does not recognize common-law relationships; therefore a partner or fiancée is not eligible to apply for derivative visa status. In such cases, the partner is required to qualify for a visa in his or her own right. Partners who are members of the household of the principal visa holder and whose primary purpose in traveling to the United States is to accompany that person, may apply for a B-2 visa. Partners who intend working or studying require the appropriate work or student visa.
(more)

Re: H1B Visa Process and Gay Partner
 

The idea of a Cohab B-2 is a good one. That is the reason why the Cohab was put into place -- for long-term visa holders who are in committed unmarried relationships. I say "committed unmarried relationships," but very very often consular officials may grant the cohab for same-sex relationships but will be balky about doing so for opposite-sex relatioships who COULD marry but don't.

If you have sufficient documentation to show that you two live in an committed, exclusive, inter-dependent relationship, pull it out and apply for the B-2. If you can, you may want to get your documentation together and apply for the B-2 at the same time that the H-1B is issued. That way, they can see and verify the H-1B visaholder at the same time.

When preparing your documentation, overkill is better than moderation. Pull out the joint bank account, the joint retirement account, the joint wills, the joint lease on the flat, the joint loan for the car, the joint subscriptions to magazines. Also the family album. You won't need it all, but HAVING it will show the ConOff you mean business. Again: be careful if you are an opposite-sex couple -- ConOffs are uneasy about these.

(Oh: and if you say "gee, we don't have very many joint documents," you're in trouble. Talk to an attorney who's experienced in getting these done.)

--J Craig Fong
Los Angeles, CA

Re: H1B Visa Process and Gay Partner
 

Interesting, not something required for CR1's etc.

Re: H1B Visa Process and Gay Partner
 

"Exclusive" is relative here. I might have expressed it better, but in essence, there must be evidence that the couple "comes home for dinner," regardless of where they go for lunch. If you take my meaning.

Read this: http://www.immigrationvisaattorneybl...hecks-fac.html

--J Craig Fong

Re: H1B Visa Process and Gay Partner
 

I thought I would just update this thrend.

We had our Visa interview yesterday at the London Embassy. After standing in the pouring rain for almost two hours (due to only one scanner working) we made it inside and they never asked to see any evidence and we were out of there in 30 mins.

I was expecting the worst and it never came,well not yet. next hurdle border control.

Thanks for all your advice.

Re: H1B Visa Process and Gay Partner
 

glad it went well - FAR FAR better to expect the worse and prepare for it than to be caught on the hop and have to sort out the aftermath!

Re: H1B Visa Process and Gay Partner
 

Glad it went well for you- my I am also in the US on an H1b, and my partner is on a B2 Cohabiting Partner visa.

Like you she really didn't have a problem getting the visa, the problem we had was that I came over first and she followed a few months later, but only stayed a couple of weeks because she had to return to the UK to take care of some business- on her return she was grilled by immigration, which was kind of expected, but it's just something to think about.