B2 cohabiting VISA and other option for girlfriend with a H1B

[platypus81 0]

Hi all! I'm about to move to the US with a H1B visa (three years contract) and while reading this forum I have discovered the possibility for partners to apply for a B2 cohabiting visa. I have been living with my girlfriend for two years and a half and we can provide evidence of our de facto relationship through our shared tenancy agreement: therefore, I guess she might be eligible for this visa, although I'm aware it is not a sure bet. I was wondering if anyone could help me with addressing the following issues:

1) the original plan for the first year was to let her enter the US with an ESTA for the first three months, go back together to our home country for a month during Christmas holidays, and then enrol her in an intensive English course so that she can apply for a F1 visa for the following seven months. This would allow her to improve her language skills before looking for a job and apply for an independent VISA. This solution would be effective as she would spend her time doing something useful during her first year in the US (my understanding is that she would not be allowed to study/work under a B2 or a spouse VISA for the first 18 months). However, I'm afraid she might have problems with immigration if they ask her questions about her plans/accommodation, especially when she enters with an ESTA for the first time. She should be able to provide convincing evidence of her intentions to go back to our own country after one year, since she owns a house there and she will get a one year leave from the place where she works. However, I wonder if it's worth being honest about our relationship at the border in case we choose this option (e.g. tell the officers she will stay at my place during her stay) or just avoid talking about this. Moreover, if she chooses this option, I wonder whether she should apply for the F-1 before coming to the US this fall (thus adding more evidence in support of her first visit to the US during the first three months) or rather wait until we come back for Christmas to apply for course enrolment and arrange the interview. Moreover, given the supporting documentation (rental agreement, document from the company certifying the one-year leave period) is in a foreign language, is it better to obtain a certified translation for these documents? I guess the documents in the foreign language are fine for the interview, but what happens with the immigration officer who probably don't know a single word of our own language?

2) If she chooses to apply for the B2 visa, my understanding is that its duration is completely discretionary and depends on the immigration officer. I found several examples of people being granted a B2 cohabiting VISA for the entire duration of the partner's stay (3 years in my case) but apparently the most likely outcome is a approval for 6 months: in such case, will she be required to go back to our own country and stay there for some time? Although she cannot work/study with a B2, can she do some volunteering? If she finds a sponsor to work in the US during her stay, will she be able to change a B2 into a working visa (although she will be required to exit the US first)?

3) Given the wide spectrum of solutions available, we would like to take more time to identify the best option. However, I have been asked by my employer to fill out the DS-160 form as soon as possible and arrange the interview. The question is: should I mention in my application that my marital status is a de facto relationship (I guess the closer option among those provided by the system is CIVIL UNION/DOMESTIC PARTNERSHIP or OTHER) or can I fill out the form declaring I am single? Should I tell them about my personal situation during the interview? I'm afraid to make a wrong move that can affect her chances to get a B2 VISA should we decide to follow that option in the future.

3) should we decide to get married after the first year, would it be a problem if she applies for a spouse visa in the two cases? Would it be easier with a B2 cohabiting VISA or with the ESTA/F1 solution?

Thanks!

[canadian_wife 1,823]

She would not qualify for a spousal visa if she marries you. Spousal visas are granted to spouses of U.S. citizens or permanent residents. If married, she could receive a derivative visa of the class which you are on.

Question - can a recipient of a cohabitation visa work whilst in the U.S.? I don't know and have always been curious.

OP - I hope you can work out this situation that is best for both you and your girlfriend. Is marriage not an option for you right now?

Good luck

[platypus81 0]

thanks for your reply. Yes, you are right, she would only be eligible for an H4 visa but my understanding is that in such case she wouldn't be allowed to work/study for 18 months. At the moment we do not want to get married just for the VISA and we prefer to wait one year. My employer has just sent me the following note on the B2 cohabiting visa but unfortunately there is no reference to the possibility of working/studying. However, I though it might be useful for other people interested in this opportunity:

The relevant Foreign Affairs Manual (FAM) excerpt is:

9 FAM 402.2-4(B)(5) Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status

(CT:VISA-1; 11-18-2015)
(Previous Location: 9 FAM 41.31 N14.4; CT:VISA-2195; 10-14-2014)

“The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, diplomats posted to the United States, and accompanying parent(s) of minor F-1 child-student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, they should be advised to ask the Department of Homeland Security (DHS) for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States. You should consider annotating to indicate the purpose and length of stay in such cases.”

[rutabaga 209]

thanks for your reply. Yes, you are right, she would only be eligible for an H4 visa but my understanding is that in such case she wouldn't be allowed to work/study for 18 months. At the moment we do not want to get married just for the VISA and we prefer to wait one year. My employer has just sent me the following note on the B2 cohabiting visa but unfortunately there is no reference to the possibility of working/studying. However, I though it might be useful for other people interested in this opportunity:

Well, like you mention in your first post -- there isn't any AFAIK (other than attending short-term language classes). If she wants to be able to work/study she'd have to come in on either the H-4 or the F-1 as of the four options (H-4, F-1, B-2, ESTA) those are the ones that allow for full/part-time work and full time study. The only advantage of the cohabiting classification would be the possibility of being granted far longer stay than the usual maximum of 6 months at entry from what I can tell.

[Boiler 45,657]

None of the options allow her to work and you give no indication if a work visa is feasible

H4 is the simplest option.

[platypus81 0]

working visa is not feasible as her language skills are too basic and I don't think an employer would be interested in sponsoring her at the moment: that's why an intensive English course is probably the only option during the first year. I wonder whether this would be incompatible with the B2 status: if she can get the visa for one year and she is free to attend an intensive English course that would be much easier than the ESTA+F1 solution

I agree that H-4 would be the simplest option, but we dont want to get married now