massivechopsticks

Hello everyone!

I'm Chinese and I have been offered a job in the US headquarter of the company I currently work at in Shanghai. I will be going under an L1 visa (which I have previously used earlier this year to visit the US for a short period of time).

My partner is an Australian citizen whom I have been in an exclusive relationship with for almost 7 years. Earlier this year I was granted permanent residency (partner visa subclass 100) for Australia based on our de facto relationship. Currently we are thinking about moving to the US together (with our two dogs) and thought he may be eligible for a B-2 cohab visa. But after reading a lot of threads on this website, I'm a bit worried that if his B-2 visa gets denied, that will affect the VWP which he's entitled to get. The pure reason we want to get a B-2 is because that will give us a longer time than the VWP. Ultimately we will be going back to Australia since I have to maintain my permanent residency.

We have tried to live together as much as possible since we met 7 years ago. I went to the States for grad school between 2007-09 and we lived together in Shanghai since I returned to China. I have leases to prove that. We don't have a joint bank account since most banks in China dont offer that kind of service. I will be sponsoring all our expenses in the States since my salary is quite competitive and we have some savings as well.

What do you guys think of the chances of him getting a B-2 cohab visa? Is it worth taking the risk or shall we just forget about it for now and go as a vwp and try to figure something out when we are there with in 90 days? We will be getting a domestic partnership certificate or married in Washington state if that's required.

Thank you guys so much!

Chris

sime303

I am no expert in this and I am sure someone with way more knowledge than me will come along.

Immigration issues fall under federal law and (at this moment) does not recognise same sex relationships as they pertain to immigration matters. So no matter what State you receive your marriage certificate in, USCIS won't recognise it.

Then again I could be totally wrong.

massivechopsticks

Hi thanks for your reply.

The issue now is not about the marriage certificate. The reason I mentioned that is because I thought it'd prove that we are a genuine couple once we are in the States.

What we are worried now is basically this: should we go ahead using the vwp and get three months first and then try for him to change his status to either a B-2 or E3 (if he finds work)? or shall we prepare for the B-2 in Shanghai and take the risk. Apparently if you're denied from a B-2, it will affect the ESTA approval? (Not sure if that applies to cohab B-2 or regular B-2).

sime303

Ok first off if a person is eligible to use the VWP, then they should use that. If they choose to apply for a B2, they are likely to be rejected they can never use the VWP ever again.

Again you cannot petition for a B2 cohab visa as USCIS does not recognize same sex marriages.

massivechopsticks

So considering our current situation, do you suggest that we go via VWP instead of preparing for a B-2 cohab?

sime303

You do understand that the VWP is for tourists only and you are not allowed to work whilst in the US under the VWP and it is only valid for 90 days with little chance of adjusting status to pretty much anything?

It is literally for vacations and that's it. If you intend to overstay, when you leave it triggers an automatic ban.

massivechopsticks

Yes I do understand that completely. Hopefully he'll find work so he'll be qualified for an E3. He will not be overstaying.

What I really need to know is if our case is relatively strong given the nature of our relationship. Also I'm a bit worried that the Shanghai consulate may not even be familiar with this cohab B2 thing which may result in a denial.

ian-mstm

Respectfully, that's not true. A B-2 cohabiting visa is perfectly acceptable for same sex couples and is the norm in those situations.

Ian

ian-mstm

You're not wrong about immigration... except as it pertains to a B-2 cohabiting visa.

Ian

ian-mstm

You can safely ignore the advice you've been receiving... it is not correct. A B-2 cohabiting visa is exactly what you need. You will need to provide proof of the relationship and proof that you have been living together for an extended period of time. Be sure, when going for the visa, that you specifically mention the B-2 cohabing visa so as to distinguish it from the regular B-2 visitor visa. Also, you must specifically mention it again when you arrive in the US and are talking to the CBP officer.

Ian

sime303

See I told you that someone that knew what they were talking about would come along.

ian-mstm

Your half-truths carry a load of bullshit with them. An overstay doesn't automatically trigger a ban unless the overstay is more than 6 months. An overstay of less than 6 months has no penalty other than not being allowed to ever use the VWP again.

Ian

sime303

From what I could tell co-habitation means a relationship the same as a legal marriage ie. between a man and a woman.

I was going by thishttp://travel.state.gov/visa/laws/te...rams_1414.html

No idea how old it is or if I was reading it wrong.

sime303

Hey I'm learning here too. Plus I did give them the disclaimer I probably have no idea what I am talking about.

ian-mstm

You must have missed this part: "However, such aliens may be classified as B-2 visitors, provided they are otherwise qualified for B classification. This is true for both opposite and same-sex partners."

Ian