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B2 Cohabitating Visa?

#1 yoramf

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Posted 14 August 2012 - 03:39 AM

Hello experts,

I have recently got my H1B visa and plan to move to the US soon.

My partner, whom I live with for the past 6 years, already got a B1/B2 visa few years ago and it is valid until 2016.

I understand that a B2 visa can also be used for cohabitating partners so he might be able to join me in the US for a period of 1 year with 6 months extensions.

What do we need to do in order for him to join me in the US based on his B2 Visa? Do we need to apply for cohabitating status or how can we practically use it?

Thanks.
Y.
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#2 Asia

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Posted 14 August 2012 - 04:03 AM

If he's not your husband, he doesn't qualify for B2 cohabitating visa.
Or maybe I'm getting this explanations wrong:
http://travel.state....grams_1414.html
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#3 yoramf

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Posted 15 August 2012 - 05:39 AM

If he's not your husband, he doesn't qualify for B2 cohabitating visa.
Or maybe I'm getting this explanations wrong:
http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html


You don't need to get married in order to get this Visa.

My question was different - he already got a B1/B2 visa few years ago when we both traveled to the US on vacation, and it is still valid.
Now, can he use this same B2 Visa (which is valid until 2016) but request to stay for a longer period in the US at the POE, or should he apply for a new B2 visa?
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#4 Harpa Timsah

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Posted 15 August 2012 - 07:15 AM

The maximum you can get on a B2 is 6 months. While in the US, you can ask for an extension. Even if the extension is approved, the bearer should not travel again to the US for a few years at least.
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#5 Asia

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Posted 15 August 2012 - 07:46 AM

You don't need to get married in order to get this Visa.

So he won't qualify for derivative status.
If he has a tourist visa already, you got your answer form Harpa.
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#6 Anh map

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Posted 15 August 2012 - 08:10 AM

Hello experts,

I have recently got my H1B visa and plan to move to the US soon.

My partner, whom I live with for the past 6 years, already got a B1/B2 visa few years ago and it is valid until 2016.

I understand that a B2 visa can also be used for cohabitating partners so he might be able to join me in the US for a period of 1 year with 6 months extensions.

What do we need to do in order for him to join me in the US based on his B2 Visa? Do we need to apply for cohabitating status or how can we practically use it?

Thanks.
Y.


There is no cohabitating status in US immigration. As Harpa states a B2 holder can request an extension when inside the US.

FWIW: The B2 does not give the visitor work authorization.
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#7 Boiler

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Posted 15 August 2012 - 10:54 AM

I am not sure it would be worthwhile seeking another B2 on a cohabitating basis. The only times I have come across this if from VWP countries where they have specifically applied for a B2 Cohabitating.

Usually you still only get admitted for 6 months, they could admit you for a year, but this seems rare.

I would ask the Lawyer for advice.
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#8 yoramf

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Posted 15 August 2012 - 11:07 AM

I am not sure it would be worthwhile seeking another B2 on a cohabitating basis. The only times I have come across this if from VWP countries where they have specifically applied for a B2 Cohabitating.

Usually you still only get admitted for 6 months, they could admit you for a year, but this seems rare.

I would ask the Lawyer for advice.


Thank you, I will try to find a lawyer who is familiar with this.

Unfortunately I see that most of the people who answer here have no clue what the B2 Cohabitating Visa is.

This visa can be extended for as long as the Partner's H1B or L1 visa is valid in 6 months increments, there is no need to leave the US and there are no restriction on leaving the US and entering back.

My only question is if it is the standard B2 Visa my partner already has or is it a variant of the B2 Visa that specifically states it's a cohabitating visa.

Y.
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#9 Boiler

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Posted 15 August 2012 - 11:11 AM

The H1 Lawyer should know.

As I understand it the B2 is annotated, so not a separate category but they should know at the PoE that you have had it issued on that basis.

What I do not know is what happens when you have one, how your record is updated.
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Nothing I say should in any way be construed as a breach of VJ TOS.

If you misread it that way, read again and do not put any spin on it.





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