jamisonkasai

Sorry if this post isn't in the right place

But my boyfriend has been offered a job in Miami, which is a great opportunity for him
He also has a 21 month old, who I have legally adopted.
We're not married or in a civil partnership - not that it would matter cause as far as I'm aware no same sex unions are recognised in Florida

I originally planned on going over there on a student visa, I've been over previously and talked to people at a couple of colleges about the course I was interested in
But to be honest I'm not sure I want to spend that much money on my education, or that I want to go back to doing english/math/science etc since I haven't done any of them sing GCSE level, and I never enjoyed them anyway
Also there are no courses in Miami similar to the one I'm studying now in the UK - so I'm not sure I want to spend all the money and another 4 years on a degree I don't even really want to do

So I was wondering if anyone had any experience with anything like this
I can't imagine being without my step son or my partner, but at the same time I don't want to be the reason he doesn't take this job in FL
Is there any way I can permanently live there?

Michael

Immigration is federal law and even if a state allows same sex couples to marry or civil unions, it is not currently recognized for immigration purposes.

The most probable would be a B2 cohabiting visa but you can't work but you can look for a sponsor while you are there if you have the qualifications.

http://immigration-lawyer.com/articl...ting-partners/

ian-mstm

If he is taking the child to the US with him, he may need written permission from the birth mother to remove the child from UK jurisdiction. While I'm not up on the nuances of same-sex couples and adoption law, I find it odd that you could legally adopt the child while being neither married to nor in a civil partnership with your partner. But perhaps this is allowed - as I say, I'm not familiar with the law about such things.


As Michael notes, immigration is federal... so whether or not a same sex union is recognized by a specific state (and there are several that do), you wouldn't be able to immigrate based on your relationship.


No, not based on what you've written so far. The best you can do at this point is apply for a B-2 visa as a cohabiting partner. That will give you 6 months in the US (with the possibility (but not guarantee) of an extension). You would, in effect, be a long-term tourist... so you wouldn't be allowed to work or go to school.

There are other options though, as you've noted, such as a student visa. However, you're correct, it is very expensive! Unless you're wealthy or can get a visa based on your own merits, I think the B-2 is about the best you'll be able to do.

Ian

zerlesen

Keep an eye on United States v. Windsor.

DavidLemon

Indeed the B-2 is the appropriate visa, however when it comes to co-habiting, it is possible to get entry to the US to continue to co-habit with your partner. This means you can actually get entry for the period in which your partners visa is valid. 9 FAM 41.31 N2.4. states the following

The period of time projected for the [B visa] visit must be consistent with the stated purpose of the trip. The applicant must establish, with reasonable certainty, that departure from the United States will take place upon completion of the temporary visit. Although temporary'' is not specifically defined by either statute or regulation, it generally signifies a limited period of stay. The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, provided the consular officer is satisfied that the intended stay actually has a time limitation and is not indefinite in nature."

6. Thus, in evaluating these cases, posts should not focus on the absolute length of the stay; rather, posts should focus on whether the stay has some finite limit. For example, the temporariness requirement would be met in a case where the cohabitating partner will accompany, and depart with, the "principal" alien on a two-year work assignment or a four-year degree program

I think the very last sentence sums it up nicely.

scrubbedexpat099

Or get your own work visa?

ian-mstm

Ah, excellent... thanks for posting this - I hate giving incorrect information if I can avoid it. Cheers!

Ian