kjtl2012

Hi everyone,

I recently found out that my partner of 4 years will be getting a work visa to go work in America.....we have a 2 year old daughter so im currently a stay at home mom....we're not married so i'm worried we wont be able to go with him....can anyone give me any advice on this?

Can unmarried family go with the partner to the states to live out there with them?

Thankyou in advance

Kerrie =]

Noorah101

As a cohabitating partner (I assume you live together), you can go live with him in the USA on a B-2 visitor's visa, but it's MUCH easier to just get married and get either an H4 or L2 visa (depending on whether he's getting an H1B or an L1).

For the B-2 cohabitating partner, you'll need proof that you're currently living together, there's still a risk it won't be approved, you most likely get to stay 6 months in the USA and then have to keep applying to extend it, or leave the USA and re-enter, it's a pain.

Being legally married gives you the automatic dependent visa.

The child can get an H4 or L2 already, being his child.

Since you're currently not working, I assume you will also be a stay at home mom in the USA, so not being able to work won't bother you?

Rene

AddyLaddy

Should you choose not to get married, then you should also make sure your partner's health insurance plan (employer provided) will cover you and your daughter too.

SanDiegogirl

Goodness, I'd be worried too if my partner of 4 years and father of my daughter informed me that he would be getting a work visa for the US and had not reassured me that we would both be accompanying him and how this was going to be fulfilled.

Having to write to a forum to ask the question is even more worrying.

Michael

Why is there such an aversion to getting married when you already have a child together? Not being married complicates things a lot with immigration, health care, drivers license, etc..

kjtl2012

Thanks everyone for your advice.

We won't be getting married for while yet we don't see the need to....we're happy how we are!! I just need to know that if he did accept the job and he gets a work visa how easy it would be for me and my daughter to go out there....its a long way off before any of this happens...he might not even get offered the role yet....so we shall see!!

Thanks again for your advise it has helped =]

Kerrie

Marocco

Without being married, you will probably qualify for a B2 "cohabitating partner" visa. You will essentially be a long term visitor for several months each time, and won't be allowed to work or study. Depending on local state law, you may not qualify for a driving license.

If at any time your partner becomes a permanent resident (green card holder), you will have to leave, probably leaving your daughter behind, unless your partner or a judge gives you permission to take her away with you.

slummymummy

I used to think like you so I can (partly) understand it. And in the UK it's common to live like this. However, I always think things like: Do you have a will? (we did when we had our first child and were not married) Also, as you have read on here it would not be good to not be married if you are moving to the US. So, I would consider it if I was you! Do something romantic like getting married on a tropical island............. (we did )

ian-mstm

Unless you're married, you likely won't be eligible for coverage under your partner's health insurance - and a single hospitalization could easily bankrupt you.

Ian

captainsensible

Sometimes there ARE more compelling reasons for getting married, even if its not something you feel you NEED to do.

kjtl2012

If we don't feel the need to do it we're not going to! It'll happen in the future but right now its not for us we're happy how we are...i refuse to get married just to move to the states with my partner...

I simply asked if i could go to the states with my partner and how easy it would be and thank you every one who answered that question =]

As i said in my previous message it might not even happen yet...my partner will decline if i can't go to states with him

Thanks

Kerrie

rebs

That's fair enough - just please be aware of the difference between a simple 'yes' as an answer to the question 'can I go to the states with my partner while we are not married' and the realities of what that would mean.

The company lawyers may well say yes there is a way - the B2 co-habiting visa (and the company may say they will pay the fees for example), but they may not spell out all of the implications of that choice.

Another option for you to accompany your partner is if you qualify for a visa in your own right - perhaps the partner's employer might be able to offer you a job with an H1b visa of your own?

kjtl2012

Aaah sounds amazing.... defiantly romantic!!

We have discussed marriage...i believe if your married, your married for life divorce is not option its just how i was brought up which is why we haven't got married yet. You see so many people going through nasty divorces i just don't want to put myself and my family through that...

rebs

Once you have children and a mortgage and all of the practicalities of a committed life together, break ups can be nasty whether the couple are married or not.

Pulaski

And it may be worse (create horrible and intended consequences for one or both parties) for lack of a legal framework for dissolving a non-married relationship.