B2 Co-habiting Visa

[lizevans 0]

Hello!

My partner has been offered an amazing opportunity to work in California, starting in October and has been selected for processing for his H1B. I am a teacher but sadly, finding a school to sponsor me if seeming next to impossible so I will be planning to move on a B2 visa and not work.

I have a couple of questions about the visa;

1. What does having a 'co-habiting' note added onto your application actually change? As it is not a separate visa from my understanding.

2. If issued for 6 months for example, do I have to return to the UK for a period of time before re-entering the US and applying for another B2 visa?

3. How long are they usually granted for?

4. Am I allowed to apply for jobs on a B2 visa if that job would grant me a H1B or working visa when I needed to work?

5. What evidence is needed to prove that we are a couple and have been living together for the last 6 years?

6. Does this sound like the best visa for me? Is there any easier way to get a visa to teach in the states?!

Sorry, I know there are so many questions (there are a hundred more in my head!).

Thanks in advance for any response I get!

Liz

[lizevans 0]

Also, would I be allowed to volunteer in a school (providing I find one that wants me!) unpaid? Thanks again!

[NigeriaorBust 4,087]

A B2 is for visiting the US , staying more time out than in , with it if the entry point thinks you plan on living in the US you can be immediately turned back and refused entry, If you stay for 6 months then common logic is you stay out for 6 months, You can NOT work with a B2 and usually people from VWP countries have a hard time getting a B2 as they already have a method to visit the US.

The visa you want is an H4

Edited April 24, 2014 by NigeriaorBust

[Harpa Timsah 13,258]

There is such a thing as a B2 cohabiting visa. I am not sure that many here are familiar with it. I am also not sure why you wouldn't marry and get a H4, but that is your business, I suppose.

I have seen one B2 cohabiting question before, but no one was able to give real advice about it, because it was so rare. Good luck.

[RhettVoe 282]

A B2 is possible, but....the CO must be 101% convinced that you will not work (including volunteering), ever, and that if the relationship turns sour, that you would return home....a big hurdle to get over....no easy answers (letters from third parties are worthless, saying or promising that you would not work, for example, because those letters are not legally binding nor do they have any physical power over you. At the end of the day, what matters is what the CO believes, not what some immigration attorney writes on a piece of paper.

[Boiler 45,668]

The term partner can include spouse in which case a H4 would be the way to go.

You can look for jobs, but not accept employment.

Volunteering, make sure it is something that is not paid, just not paying you is not good enough.

Your B2 would be linked sort of to your partners status. sometimes you will get a year stay, but assume a trip out every 6 months.

[Teddy B 17,252]

This should ex[plain everything about the B2 Cohabitating Partner status that you'll need to know.

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf

[JayJayH 546]

.

Edited April 24, 2014 by Yang-Ja

[Boiler 45,668]

1. There is no 'co-habiting' visa. A B-2 is a tourist visa, intended for tourism/visitng only.

2. There is no 'set' period of time until you can return again. In theory, you can leave the US for one day and come back. The problem arises when trying to convince the consular officer, or immigration officer at the airport that you're 'just visiting' and don't actually de facto live in the US. You cannot live in the US on a tourist visa.

3. B-2 visas are usually granted for 10 years, and you can usually stay up to 180 days at a time.

4. You're allowed to apply for jobs on a B-2, yes.

5. Unless you are married, this is irrelevant.

6. Depending on what level you teach, this may or may not be impossible without an immigrant visa. For example, you will not get work authorization to teach anything below university classes, and to teach those, you'll generally need a doctorate degree.

- Whether it is paid or unpaid is irrelevant. What's relevant is whether or not a US person could have been paid (or even received school credit) for the labor performed. Volunteering is thus generally considered work.

Attempting to live in the US on a B-2 visa might work short term, but you will be denied entry after they realize you're spending more time in the US than outside the US. Reason being - They just won't believe that you're a tourist. Getting work authorization to teach is a near impossible task unless you hold a doctorate degree and plan to teach speacialized university level classes.

What visa did your partner get? I'll asssume H1b? If you're married, you can live with him in the US (though not work) on an H4 visa. The H4 is good for as long as you remain married and he maintains status. That's your best bet.

Other work visas he might have do have options for you to live in the US with him, but you'd still have to be married.

There is a B2 Visa with a Cohabiting annotation, please see the other replies. It does provide a bit more flexibility.

[JayJayH 546]

1. There is no 'co-habiting' visa. A B-2 is a tourist visa, intended for tourism/visitng only.

2. There is no 'set' period of time until you can return again. In theory, you can leave the US for one day and come back. The problem arises when trying to convince the consular officer, or immigration officer at the airport that you're 'just visiting' and don't actually de facto live in the US. You cannot live in the US on a tourist visa.

3. B-2 visas are usually granted for 10 years, and you can usually stay up to 180 days at a time. Since you're a UK citizen, you're also eligible to travel visa free for up to 90 days on the visa waiver program. Again though, as a tourist.

4. You're allowed to apply for jobs on a B-2, yes, you just cannot work.

5. Unless you are married, this is irrelevant.

6. Depending on what level you teach, this may or may not be impossible without an immigrant visa. For example, you will not get work authorization to teach anything below university classes, and to teach those, you'll generally need a doctorate degree.

- Whether it is paid or unpaid is irrelevant. What's relevant is whether or not a US person could have been paid (or even received school credit) for the labor performed. Volunteering is thus generally considered work in immigration law.

Attempting to live in the US on a B-2 visa might work short term, but you will be denied entry after they realize you're spending more time in the US than outside the US. Reason being - They just won't believe that you're a tourist. Getting work authorization to teach is a near impossible task unless you hold a doctorate degree and plan to teach speacialized university level classes.

What visa did your partner get? I'll asssume H1b? If you're married, you can live with him in the US (though not work) on an H4 visa. The H4 is good for as long as you remain married and he maintains status. That's your best bet.

Other work visas he might have also have options for you to live in the US with him, but you'd still have to be married.

There is a B2 Visa with a Cohabiting annotation, please see the other replies. It does provide a bit more flexibility.

I haven't read that, learned something new! Was too quick earlier.

Sorry OP. I've crossed out a few things from my previous post.

Edited April 24, 2014 by Yang-Ja