jonathanm

Hi,

I'm a UK citizen and I currently live in Berlin with my German girlfriend who I met in the UK.

She has a post-doc position at a university in the US which should take her around 2 years to complete. The Uni is sponsoring her J1 visa.

Since I came to Germany I've been doing odd jobs and short contract IT work, plus a little bit of freelance journalism for a German magazine. I'm now looking at setting up some UK based websites to generate some income, but it will take several months before this bears any fruit.

So....my question is, how can I join her in the US?

I don't need a work permit. I have no intention of working for any US company, earning any money in the US etc, and have no intention of settling there.

In fact I don't really want to go to the US, but this is a great opportunity for her, and I'm sure we'll have fun. And we've agreed I get to choose where we go next

After researching for days, this it looks really tough - any ideas anybody?!?

I don't mind coming back to the UK for a week or two every 3 or 6 months.

I get the impression that I cannot repeatedly use the visa waiver. And I do not appear to have the correct credentials for a B1 either

Hope someone can help!!!

J

Noorah101

Perhaps if you get married, there is a dependent visa along with her J-1?

Rene

fatbrit

Investigate a B2 for a domestic partner. Should be possible.

jonathanm

Hi Rene,

Thanks for your input.

I was aware that getting married was an option, but we've only been together for 10 months. I'd like our relationship to develop a little more....naturally!

J

jonathanm

@fatbrit - Thanks, I will investigate this.

Any other suggestions?

J

fatbrit

Nope -- that's the visa you want for the circumstances described. But research it fully BEFORE you start putting visa applications in.

fatbrit

Here you go:

http://www.murthy.com/news/ukb2domp.html

jonathanm

Hey that's great, thank you so much. I've been digging for days (over weeks!) and not come up with anything. I'll check this out.

Thanks again!

jonathanm

Reading through that link, I notice that it is prior to 9/11. Is it definitely still the same?

Also, I was wondering if anyone has direct experience of doing this? (maybe I should make a seperate post for this after I've researched it properly)

Cheers

J

fatbrit

Search back on this forum -- I remember a few coming up. Possibly with L1 or H1 partners, though.

Also search for general conditions for getting a B1 visa like no criminal record, maintaining residence, etc. The only thing above that you need to prove beyond the standard conditions is your relationship.

jonathanm

Hmm criminal record no problem, although I've just discovered I've had a CCJ for an unpaid bill since I left the UK - I guess that's no problem? It's settled now.

maintaining residence might be an issue. I've been in Berlin since September, in a rented apartment in my girlfriend's name. Before that, I was renting a room in my mother's buy-to-let house. It's all rented to other people now, though they're all friends of mine so no-one would mind me saying I still lived there. (And indeed I will probably go back there when I return to the UK) Would a tenancy agreement be sufficient proof of maintaining residence?

Thanks again - shame you can't email a pint (yet)

J

fatbrit

Looks like maintaining a believable residence is going to be your biggest hurdle.

jonathanm

Ok, for anyone else reading this thread - my initial investigations suggest that fatbrit is bang on with his advice. I've found several more recent (post 9/11) links which say exactly the same:

http://iss.washington.edu/admin/Bvisitors.pdf
http://www.stanford.edu/dept/icenter/dept/dom_part.htm
http://srwlawyers.com/ImmigrationOpt...5/Default.aspx
http://www.mnllp.com/EEnivfamily.html

Here is the link to the original State Department communication from 2001:

http://travel.state.gov/visa/laws/te...rams_1414.html

Again, exactly as fatbrit advised, the main issue is the Immigration and Nationality Act Section 214(b) -- INA 214(b)

To quote from http://immigration.about.com/library/blvisadenial.htm ......

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

So, fatbrit - I salute you. I don't think I would have found this without your help.

Cheers!!!!

J

Folinskyinla

Hi:

The only reason Fatbrit recommended it is that he saw your post before I did! Do note that he simply pointed you in the right direction.

Please note that you now know WHAT to seek. No problem with that. However, be aware that, although a category exists for your situation -- it does NOT mean you are anywhere guaranteed a visa.

In your initial post, I do see some subtleties that you would be very well advised to explore. Off the top of my head two are that your relationship is of relatively short duration [negative] and that she will be here on a J-1 visa [possible positive].

BTW, I visited Berlin for the first time last year and look forward to going back. I've added to my list of cities well worth multiple visits like New York, London and Paris.

fatbrit

The reason Fatbrit recommended it was because he knew the answer.

I didn't realize it was a race.