Same-sex partner B-2 Cohab visa

Old Dec 19th 2012, 5:04 am
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by retzie
Is there a pressing reason he needs to be with you in January? I would only do the VWP trip in preference to the B-2 cohabiting application if there is a one-off event that can't be missed. Even then, it's not like any non-USC is ever actually guaranteed entry.

To my eyes, the B-2 cohabiting is of sufficiently low risk that it is not worth hedging your bets here. Surely it would be easier/less stressful for you to arrive with no further visa hoops to jump through?
Definitely. I emailed the Shanghai Consulate and they responded and said they are familiar with this situation. So I think we are going to give it a shot. In addition to the material we have, what else do you guys recommend that we collect? I guess the hard part here is to prove that he will not try to remain in the United Stated after my contract is finished. He doesn't have any property or jobs in Australia (since he was in China for the last 8 years!). But we do plan on going back to Australia after the States. I can't think of anything else to prove that he doesn't have any immigrant intentions.
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Old Dec 19th 2012, 6:07 am
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Default Re: Same-sex partner B-2 Cohab visa

Generally the burden of proof for nonimmigrant intent in the form of ties to a country outside the US is less stringent for the longer-term nonimmigrant categories such as F-1. Hopefully cohabiting partner B-2 will be treated similarly.
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Old Dec 19th 2012, 7:12 am
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by henryh
Generally the burden of proof for nonimmigrant intent in the form of ties to a country outside the US is less stringent for the longer-term nonimmigrant categories such as F-1. Hopefully cohabiting partner B-2 will be treated similarly.
So which aspect do you think the visa officer will be focusing on the most? The financial situation?
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Old Dec 19th 2012, 12:24 pm
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by massivechopsticks
I can't think of anything else to prove that he doesn't have any immigrant intentions.
Philosophically speaking, you can't prove a negative... so it's pretty much impossible to prove he doesn't have immigrant intent.

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Old Dec 19th 2012, 3:21 pm
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by massivechopsticks
I emailed the Shanghai Consulate and they responded and said they are familiar with this situation.
Excellent!

Originally Posted by massivechopsticks
I guess the hard part here is to prove that he will not try to remain in the United Stated after my contract is finished. He doesn't have any property or jobs in Australia (since he was in China for the last 8 years!). But we do plan on going back to Australia after the States. I can't think of anything else to prove that he doesn't have any immigrant intentions.
Don't forget that you are already proving that he is in a loving and committed relationship with someone who is going to leave

For my E-3's, 'non-immigrant intent' was only ever given the most cursory attention. "Are your family all in Australia?" (they are) was the extent of it.
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Old Dec 19th 2012, 4:15 pm
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Default Re: Same-sex partner B-2 Cohab visa

Having gone through the B2-cohab visa, I can assure you it's not as scary as it might seem. You will need to provide sufficient documentation though.

For the interview, your partner should bring :
- Leases showing you've been living together (from far back and recent if possible)
- Proof of your Australian partnership visa (shows intent to eventually go to Australia + proof of relationship)
- Your L1 paperwork and passport
- Other documents mentioned by the embassy.

Keep it all in an easy to access folder, and not thrown together in a plastic bag.
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Old Dec 19th 2012, 10:56 pm
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by Hovik
Having gone through the B2-cohab visa, I can assure you it's not as scary as it might seem. You will need to provide sufficient documentation though.

For the interview, your partner should bring :
- Leases showing you've been living together (from far back and recent if possible)
- Proof of your Australian partnership visa (shows intent to eventually go to Australia + proof of relationship)
- Your L1 paperwork and passport
- Other documents mentioned by the embassy.

Keep it all in an easy to access folder, and not thrown together in a plastic bag.
Thank you!
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Old Dec 27th 2012, 12:09 am
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Default Re: Same-sex partner B-2 Cohab visa

Quick Update:

We've got the visa!!!!! Multiple entry for 5 years!!!
No questions were asked about my situation, none of the documents we prepared were looked at. Done in 5 minutes!! Can't believe it. We are so happy!

Thank you guys so much for the help!
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Old Dec 27th 2012, 12:49 am
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Default Re: Same-sex partner B-2 Cohab visa

Great news! Congratulations!

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Old Dec 27th 2012, 1:16 am
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by massivechopsticks
Quick Update:

We've got the visa!!!!! Multiple entry for 5 years!!!
No questions were asked about my situation, none of the documents we prepared were looked at. Done in 5 minutes!! Can't believe it. We are so happy!

Thank you guys so much for the help!
Excellent! So happy for you! Welcome to the US
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Old Dec 27th 2012, 2:03 am
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Default Re: Same-sex partner B-2 Cohab visa

Yayyy!
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Old Dec 27th 2012, 5:23 pm
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Default Re: Same-sex partner B-2 Cohab visa

Congrats!! US immigration: when the best outcome is the most anticlimactic.

Just make sure he mentions 'cohabiting' when he arrives.
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Old Jan 17th 2013, 12:57 am
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Default Re: Same-sex partner B-2 Cohab visa

Hello Guys,

So we have got the passport back with the visa, finally! On the visa label, we didn't see any annotation made specifically regarding the cohabiting nature of our relationship. The visa officer also called and said when entering the USA, my partner should only say he is staying for less than 6 months coz he will be just visiting me, although he may file for extensions after 6 months.

I wonder if we should still ask at the POE that we would want at least one year and he is accompanying me on a cohabiting B-2 visa. But the visa we got looks just like a regular B-2 and we are concerned if he would be denied entry if we do ask for one year.
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Old Jan 17th 2013, 1:08 am
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by massivechopsticks
Hello Guys,

So we have got the passport back with the visa, finally! On the visa label, we didn't see any annotation made specifically regarding the cohabiting nature of our relationship. The visa officer also called and said when entering the USA, my partner should only say he is staying for less than 6 months coz he will be just visiting me, although he may file for extensions after 6 months.

I wonder if we should still ask at the POE that we would want at least one year and he is accompanying me on a cohabiting B-2 visa. But the visa we got looks just like a regular B-2 and we are concerned if he would be denied entry if we do ask for one year.
In my layman's opinion, you should present it as a co-habitating partner visa at the POE, and go ahead and ask for 1 year. Bring some of the evidence showing cohabitation so the POE officer can see it, if asked.

Rene
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Old Jan 17th 2013, 1:49 am
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Default Re: Same-sex partner B-2 Cohab visa

Originally Posted by massivechopsticks
I wonder if we should still ask at the POE that we would want at least one year and he is accompanying me on a cohabiting B-2 visa.
At the POE, I would specifically mention to the officer that it's a B-2 cohabiting visa. He'll give you whatever time he gives you.

Ian
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