benr12

Hi i have just joined the forum and im not sure where to start, my girlfriend of 6 years has moved to the states in April of this year on a 3 year H1B visa working in New York. I have taken voluntary severance ending in December this year and want to move to be with her in the states.

im looking at employment (H1B) through a company I work with here and also going to university to do a masters.

In the meantime I wanted to ask about visitor and marriage (to an H1B visa holder) visas and have two initial questions:

1) Can i apply for an extended B2 visitor visa as a former cohabitating partner of an H1B visa holder - this question is prompted by this document: http://www.uscis.gov/USCIS/Laws/Memo...PM_081711.pdf?

2) If we decide to get married and i apply for an H4 visa will there be problems to proving this isn't just a way to be with my partner, which it will be.

many thanks apologies if these questions have been asked elsewhere in the forum.

ian-mstm

Yes, you can apply. If the visa is approved, you must be certain that when you enter the US, the officer knows (read = be sure you tell him specifically) that you have a B-2 cohabiting visa and not just a regular B-2 visa. It'll make all the difference.


The H-4 is a derivative visa. You'll need a copy of your wife's valid H-1B visa and a copy of the marriage certificate. Your motives for getting married won't be an issue.

Ian

md95065

You don't have to prove that you aren't just getting married so that you can live with your partner - in fact that is pretty much what you do have to show - wanting to live together with someone is a perfectly normal and legitimate reason for getting married!

What you have to show is that you aren't just getting married to someone who happens to be in the US for the sole purpose of getting you into the US and for no other reason. Since you have been in a relationship for 6 years that shouldn't be a problem.

S Folinsky

Getting married "solely" for immigration purposes is a big no-no.

Marriage of people already cohabiting is not considered as being "solely" for immigration purposes, even if the legal act of marriage is for immigration purposes.

There is dicta in a Court of Appeals case mentioning the history of marriages for reasons of state. There are also marriages for "gold diggers" and for a "trophy wife."

I hear Tina Turner singing in my head.

scrubbedexpat099

They are not immigrating.

John Manley

As I read the memo, I do not see any references to an extended B-2 visa.

L-1(It looks like your company has branches in the U.S.), H-1, F-1, H-4...those are a lot of options. You might want to finish your master's program first. That could open up more employment options for you.

benr12

Thank you very much for your replies. If I was to focus on a B2 visitor visa, I have found the policy update relating to Cohabitation through applying for a B2 visa, travelling for pleasure (http://travel.state.gov/visa/laws/te...rams_1414.html) am i right to assume that the policy update, issued in 2001, has been a long standing approach for previously cohabitating partners of long-term non immigrants and it has not been subsequently superseded?

Also, If this is still a normal way to apply for a B2 visa I would therefore have to satisfy the resident abroad requirement and prove that i do not intend to abandon my ties in the UK? Finally, I can only be granted upto 1 year on this visa and i would then apply for 6 months extensions should i need to?

Many Thanks for all your help the site has been invaluable already.

Ben

Noorah101

I don't know if things have changed over the years regarding the B2 cohabitating visa, but I know people use it currently.

Probably to some extent...but since you're not a "normal visitor", then it's hopeful that the ConOff will see that you're tagging along on an H1B partner's visa, and assume when that visa is finished, you and your partner will return to the UK together (since your whole point is wanting to stay together).

Sometimes you are only granted 6 months in the USA on this visa, and need to apply for 6 month extensions if you need/want to. It's up to the POE Officer how long to admit you for. Sometimes you get lucky and get admitted for 1 year.

Rene

benr12

Thank you all very much. I am about to submit my B2 visa application for previous cohabitating partner and wanted to check whether i should classify myself as being in a common law marriage or simply as single, with my evidence of our relationship being enough? Finally, should I definitely apply for 1 year as my expected length of stay, even though my partner has another 2 years on her HB1 visa.

Many Thanks

Ben

Noorah101

I don't know about the common law marriage aspect, but as far as "apply for 1 year", you can't apply for a specific amount of time. You just apply for the B-2 cohabitating partner visa, and hope the ConOff gives you a standard 10-year, multiple-entry visa. But it's up to the ConOff, she can give you only a 1-year visa, a 2-year visa, single-entry, multiple-entry....

And then when you arrive at the POE, it will be up to the POE officer to actually allow you in for a certain amount of time. Typcially it's 6 months, although it could be for less time, and on a very rare occassion, a full year.

You can ask, but don't expect to get it.

Rene

benr12

Thanks Rene,

that makes sense, I mistook it for my expected length of stay, regarding my expected length of stay would you suggest putting the length of the remaining time on my partners HB1 visa as supporting my application as a previous cohabitating partner, which in this case is two years.

Regards

Ben

Noorah101

You can include that information, sure. I don't know if it will help, but doesn't hurt to include it.

Rene

John Manley

Correct. I have heard this at CBP Liaison Meetings. The CBP officer does have this discretion. You might as well make the argument at the airport. Come in with a print out of the new policy for B-2 cohabitating partners, explain your circumstances, and ask for a year. You will probably only receive 6 months, but it would not hurt to ask for more. Let us know what happens.

S Folinsky

To be somewhat pedantic -- the term "common law marriage" is often either loosely used or misused. If you have not gone through a marriage ceremony and your relationship is not recognized as being a "marriage" in your place of residence, your legal status is "single."

I understand that "common law" is often used the same as "cohabiting partner" -- but that usage can cause confusion.

benr12

Thanks I have put single to avoid confusion.

If I end up in a situation where i am permitted to reside in the US on a B2 visa for 6 months. Can i ask what my options would be regarding a) becoming a student and b) being offered work on an H1B visa.

a) can i confirm that i could change my status on a B2 visitor visa to a student visa status?

b) entering the US on a B2 status obviously means that i am not going to look for work as i am unable to work on a B2 visa. However, if a company approached me to sponsor an H1B visa and i went back to the UK and applied for this visa completely separately to my B2 visa, which it would be, would my B2 visa impact my H1B application? e.g. would i have to wait for my B2 visa to expire and potentially delay my start date until after the B2 visa had expired?

Many Thanks,

Ben