james_Taylor_UK

Hi Everyone, i am new to this forum, and after spending many recent nights searching this forum for information i feel it is time to ask for help.

My Situation:- i have just been offered a job in America for a minimum of 2 years and i will be granted a full L-1 visa. i have been with my girlfriend for almost 3 years and only recently has she moved into my house (in the past 6 months), as i own the house she does not have her name on any of the bills, and we have no official documentation saying we live together....

My Question :- exactly what proof would we need for her to be granted a B1/2 co-habiting visa, and how far back does this need to go.
-is it possible to get witness statements stating that we are a couple
-if i put her on the bills now and manage to postpone the job for 6 months will this be enough proof.
-i have heard it maybe possible with holiday statements and flight tickets, but this is all rumour

i have tried reading the official wording for this visa on the US Embassy site but this makes it no clearer. and i understand marriage would solve everything but it is not really the way we hoped to do things.

i assume i am not the first person this has happened to so any information would be greatly appreciated.

at the end of the day if it is not going to be possible then so be it, i would just like to know before accepting/turning down the job

Thanks in advance.
James

Noorah101

Pretty much the sky's the limit with what kind of proof you can submit. Submit whatever proves you guys have been living together at the same address. Since yours is fairly recent (6 months), bring proof covering the entire 6 months.

Yes...not only that you are a couple, but that you are currently cohabitating. Keep in mind that such affidavits are not a strong an evidence as a paper trail.

There's no way to know in advance if what you submit will be enough at any given time. It's up to the ConOff. Personally I wouldn't postpone the job for this reason.

In my layman's opinion, holiday statements and flight tickets do not prove that you cohabitate, unless your individual names and mailing address are on the documents.

iRene

JSL8610

If you don't have documentation with both of your names on (such as a lease or bills) then how about official independent documents that show each of you lives at the address? I don't know what sort of thing they're after, but perhaps drivers licenses as an example?

I agree with Rene (common theme today) that flight tickets don't prove anything about cohabitation.

James

lansbury

Doubt that would be sufficient. Doesn't prove cohabiting, just you live at the same address. Could be a flat share, renting rooms in a lodging house and the address would show up the same.

SanDiegogirl

.... and bear in mind that she cannot work in the US on a B-2.

retzie

Not to mention that it is unlikely she will be able to be covered by your health insurance.

IMO health insurance is as good a reason as any for marriage.

JSL8610

You're probably right. Just an idea.

james_Taylor_UK

Hi all.
Thanks so much for your fast and informative answers.
we are aware the she will not be able to work on a B2, the trouble i was having was would it be even be possible to get a B1 visa for her unless we have a minimum 12 months of bills together. i was under the understanding that without this it was a non-starter..

you answers have definitely given me a little bit of hope that there are other options. i understand that nothing is ever 100% guaranteed especially when it comes to getting an american visa.

thanks again for your information..

we just now need to decide if we want to go for it and take the risk...

another question (apologies for asking so much), if she did get refused a cohabiting visa, are there any other options to allow her to come out and visit. how long does the Visa Forfeit scheme give her in country..

is it possible for her just to apply for a stander B1 visiting visa which will allow her to come out for the first 6 months at least?? then maybe look at further more 'permanent' options like marriage.

thanks again

James

Noorah101

You mean B-2 in both cases in your above paragraph, right?

VWP and B-2 visa are the only two options.

By Visa Forfeit scheme do you mean the Visa Waiver Program (VWP)? That gives her 90 days in the USA. She should not make back-to-back VWP trips. She should spend more time outside the USA than inside. So if she comes for a 90-day VWP visit, she should spend 90+ days outside the USA before attempting another VWP visit. This is not a law, and is not written in stone, but good practice for successful VWP entries.

You mean B-2 here? (B-1 is a business visa, B-2 is tourist, although the visa is often labeled B-1/B-2). She can apply for a regular non-cohabitating B-2 visa, BUT if she is eligible to travel on the VWP, the B-2 will most likely be denied, and that will prevent ESTA approval for VWP travel the the next 6 - 12 months. It's better not to do that.

Keep in mind that even if you try for the B-2 cohabitating partner visa, and it is denied, she will need to do a new ESTA and declare the visa denial. This will, in turn, get ESTA denied for the next 6 to 12 months. So it's a pretty big risk to take if you don't have a lot of proof of cohabitation.

If her B-2 (either regular or cohabitating partner) gets denied, you will be limited to you visiting her in the UK or you both visiting in a 3rd country for the next 6 to 12 months, until she can get another approved ESTA in the system.

Rene

Noorah101

retzie also has an extremely valid point, that even if she gets to come to the USA as a visitor on a B-2 cohabitating partner visa...she won't be covered by your employer's health insurance. This is definitely something to keep in mind financially.

Rene

Flabound oneday

is she on the electoral roll at your address ? that might help

lansbury

As I posted above in response to the driving license suggestion. That doesn't show cohabiting, only that they live at the same address. There could be other explanations for that.

james_Taylor_UK

cheers rene,
appologies i was getting confused regarding the different visa's, yes in both cases i did mean the B2, i thought a standard B2, and Co-habiting B2 were two different types. and yes its i did mean the VWP.

its been a very long day spent reading information on visa's and immigration :-).

i did not realise that if she was to get refused the B2 it would cause such an issue to even gain entry to the country to visit for the next 6 months. so this has been a good bit of information, we will definitely have to consider if it is worth the risk then..

i seem to be in abit of a pickle then as if we apply for a B2 and get refused we wont be able to see each other, and if we don't apply i assume the chances of getting a B2 Co-habiting visa in the future will be slim as we will therefore be in separate countries and have even less proof of our partnership.

The only 'risk-free' issues seem to be small infrequent visits using the VWP, or as everyone keeps saying ....marriage.

i appreciate about the health care situation, but i think if she was to be granted a B2 she will be covered by my company's health care. i only received the job offer a few days ago and i have for clarification on all these point.

thanks again for all your answers you have been extremely helpful

james_Taylor_UK

sorry no, at the minute she is not on the electoral roll, there is currently no letter or form at all that 'officially' shows we live together,which is where the issue is.. i cnput her on the bills now which will give us 4 months from no untill i apply for the visa as it will take this long to process everything with the job.

as i own the house everything has always been in my name, and as she previously lived at her mothers house house which is round the corner her mail still gets delivered there. we were in no real rush to change everything over as we saw no immediate need for this.

this job offer has come as a bit of a surprise otherwise in hind sight we would have put her name on everything ASAP...

Noorah101

The visa is the same one (B-2). The chances of getting one for people who can prove cohabitation is higher than someone applying for just the B-2 visa (not cohabitating). When it's a cohabitating partner B-2, a notation is made to that effect on the visa, so the US POE agent will know, and the visitor is sometimes given a 1-year stay in the USA rather than 6 months.

Yes, that's a very important point to consider.

Well, she won't be able to see you in the USA...but you could still see her in the UK, or see each other in Canada or something.

Well, I'm not sure on that one. If you do as you suggested before, getting her added to the lease, getting a bank account together, getting her name on the utility bills, showing her as beneficiary on any benefits you have through work (401K, life insurance, etc)....just because you're working temporarily in the USA does not mean you don't cohabitate at your residence back in the UK.

Definitely double-check, because coverage for a non-spouse is relatively rare.

Rene