rjw1982

Hi,

Just looking for a little help.

There is potential that I will be offered a job in Houston working for the same Insurance company that I work for currently in London. Both myself and my girlfriend will be moving out there for a while (anything from 2-5 years). A working visa shuldn't be a problem for me, however i'm reliably informed that my girlfriend will not be able to get a paid job out there.

Is there any (legal) way around this? Or will she just have to face being totally unemployed? If this is the case, what kind of volunteering work, or anything else similar, would there be for her to keep herself occupied?

Thanks
RJW

Jerseygirl

Hello and welcome to BE.

I'll arrange for your thread to be moved to the US Immigration forum...you'll get plenty of help from the great people who post in there.

Edit: Forgot to mention...there are loads of threads containing useful about Houston in this forum. Either look back through at the titles through the index or use the Search Function...which is located in the pink bar at the top of the page. Also take a look in the BE Wiki...loads of info about moving stateside in there.

ukintexas

Hi there, welcome to BE. I have lived in Houston for 6 years so feel free to send across any questions you may have that come up as you go through the process.

Depends what visa you are on as to whether your girlfriend will be able to work. I'm no immigration attorney so not sure of the way in which girlfriends are categorized for this purpose.

I'm guessing you'll be on an L1 intra-company transfer, and don't know if they give L2's (the "trailing spouse") visa to anyone that isn't actually a spouse officially. I'm sure someone will be able to answer that for you.

Good luck!

rjw1982

thanks for the swift replies.

I'm pretty sure it will be an intra-company visa as you state. An almost certain that she won't clarify for 'spouse status'.

What else is there for her to do out there? She is a qualified Interior Designer, but obviously couldn't do any of that out there, unless it's for free!!!!

Appreciate your comments.

ukintexas

There's lots of volunteering she could do, in all sorts of fields. Or she could look at studying for something whilst she's here. That might be a good way for her to occupy her time.

I'd make sure you check what visa they are going to offer her as well as she'll need something to be here, even if she's not going to do paid employment initially.

I guess she would have a potential to get a company to sponsor her down the line for an H visa - again, someone more versed in immigration would be better placed to give you some advice on that.

Exciting times!

Noorah101

Hi and welcome to BE!

In order for your girlfriend to gain any benefit from YOUR visa, you would have to be married. If you get an L-1 intercompany transfer visa, she would then get an L-2.

If you don't want to get married, she'd have to find her own way into the USA. If you guys have been living together for a while, and can prove it, she might be able to come on a B-2 visa as a cohabitating partner. She wouldn't be able to work, though, just do true volunteer jobs (soup kitchen, food bank, library, homeless shelter, etc).

Rene

meauxna

She can't be a 'spouse' if she is your girlfriend. As mentioned, she has to be married to you to gain a direct immigration benefit from your visa.

What benefit that is (work or no work) depends on the type of visa you get, so you could find that out.

If you two have been living together, she might qualify for the B-2 visa Rene mentions.

rjw1982

Appreciate she wont gain any spouse benefits. But i'm presuming she will still be able to live in the country right? Or will we have to prove that we have been living together for the last 3 years for that to happen?

Thanks

meauxna

No. Living in the country IS an immigration benefit.

IF you can satisfy the consular officer that you are the 'right' sort of couple, he can issue a B-2 visitor visa that allows your GF admission to stay as a long term visitor, based on your status.

Example, for an L-2 visa (you need to find out what your visa will be)

http://london.usembassy.gov/work2.html
http://london.usembassy.gov/niv-spouse.html

Common-law Spouses and Partners

U.S. visa law does not recognize common-law relationships; therefore a partner or fiancée is not eligible to apply for derivative visa status. In such cases, the partner is required to qualify for a visa in his or her own right. Partners who are members of the household of the principal visa holder and whose primary purpose in traveling to the United States is to accompany that person, may apply for a B-2 visa. Partners who intend working or studying require the appropriate work or student visa.

U.S. immigration at the port of entry determines how long a person may remain in the United States. The holder of a B-2 visa may be admitted for an initial period of six months, which is extendable in six month increments. Those wishing to remain longer than six months will be required to apply for an extension of stay with the US Citizenship and Immigration Services having jurisdiction over their place of residence in the U.S.
(more)

fatbrit

If you go the B2 route, she will not only be unable to work but also will be a 3rd class person. A driving license, for example, is difficult in many states on a B2.

If you're planning to live together for the next 3-5 years anyway, you might as well get married now. On an L2 with an EAD she'll only be a 2nd class person in the US, will be able to work, and will not have such great issues with everyday stuff such as a driving license.

It's a few squid or so at a registry office and an hour of your time.

ian-mstm

Actually, no... she can't. She can't "work for free". Unless she has employment authorization, she can't work at all... even for free! The best she can do is authentic volunteer work as Rene mentioned earlier.

Ian

ian-mstm

You presume incorrectly. If you aren't married, the best she can hope for is a B-2 cohabiting visa... and if she doesn't get that (few do), then all she'll be able to do is visit you for up to 90 days every 3 months or so!

Of course, if she qualifies on her own for a visa... well, that'd change things for the better.

Ian

rjw1982

Hmmm, this isn't particularly good news as it stands.

i'll see if my company can come up with anything to help us out.

I'm not sure how happy she would be if she was left behind!!!

Thanks for all the info anyway, and hopefully i'll get some good news in the next few months.

Jerseygirl

You have a tough decision to make...give up the chance of a lifetime...leave your girlfriend behind...or get married. Good luck.

Noorah101

Unless the company can get her a visa in her own right, there probably isn't much they can do for you.

Rene