E2 Visa - How can my partner work?

[Stoopey 0]

Hi All!

 

First time on the forums and they seem friendly and informative :)

 

Apologies in advance if this has been asked already but I couldn't find it earlier.

 

I am moving to the USA (Boston) in 5 weeks on an E2 visa with my company, and my girlfriend will be joining me a month or so later.

 

She has a B2 visa valid for another 6 years, but seeing as she will be staying there with me, we'd like to find a way for her to work. If not, I know she can only stay for 3 month periods at a time.

 

Can anyone tell me:

 

- Can she jump on my E2 visa as a spouse without us being married? (I know different people have different interpretations of the word spouse)

- How likely/easy is it that she can successfully apply for a change of visa status? 

- Is there anything else I/she can do to get her the right to work in the USA?

 

I am a UK citizen and she is a Polish citizen with a law degree if that helps.

 

Thanks! 

 

[Dashinka 23,247]

12 minutes ago, Stoopey said:

Hi All!

 

First time on the forums and they seem friendly and informative

 

Apologies in advance if this has been asked already but I couldn't find it earlier.

 

I am moving to the USA (Boston) in 5 weeks on an E2 visa with my company, and my girlfriend will be joining me a month or so later.

 

She has a B2 visa valid for another 6 years, but seeing as she will be staying there with me, we'd like to find a way for her to work. If not, I know she can only stay for 3 month periods at a time.

 

Can anyone tell me:

 

- Can she jump on my E2 visa as a spouse without us being married? (I know different people have different interpretations of the word spouse)

No, unless she is a legalized recognized spouse with a valid marriage certificate to you, there is no path.

12 minutes ago, Stoopey said:

- How likely/easy is it that she can successfully apply for a change of visa status? 

Not very, for an employment based visa, she would need to find a company or firm willing to sponsor her for an employment based visa.  Apart from legally marrying her, no real option on the family based side either given the information you presented.

12 minutes ago, Stoopey said:

- Is there anything else I/she can do to get her the right to work in the USA?

There really aren't US based visas for girlfriends/boyfriends.  You may look into student based visas though.  I am no expert on those, but there may be a chance she can go to school full-time and have some ability to work legally.

12 minutes ago, Stoopey said:

 

I am a UK citizen and she is a Polish citizen with a law degree if that helps.

 

Thanks! 

 

Good Luck!

[Unlockable 7,306]

37 minutes ago, Stoopey said:

Hi All!

 

First time on the forums and they seem friendly and informative

 

Apologies in advance if this has been asked already but I couldn't find it earlier.

 

I am moving to the USA (Boston) in 5 weeks on an E2 visa with my company, and my girlfriend will be joining me a month or so later.

 

She has a B2 visa valid for another 6 years, but seeing as she will be staying there with me, we'd like to find a way for her to work. If not, I know she can only stay for 3 month periods at a time.

 

Can anyone tell me:

 

- Can she jump on my E2 visa as a spouse without us being married? (I know different people have different interpretations of the word spouse)

- How likely/easy is it that she can successfully apply for a change of visa status? 

- Is there anything else I/she can do to get her the right to work in the USA?

 

I am a UK citizen and she is a Polish citizen with a law degree if that helps.

 

Thanks! 

 

You and her will need to have a serious talk and make some big decisions. Because she will not be able to do any of the things you are asking about without a qualified US citizen or resident to help her. A qualified person is a spouse, not a mate or partner.

 

She can't work on a B2, it is illegal and people get deported for it.

She can't live in the US on a B2. If she comes and stays too long she will be at jeopardy of having her B2 revoked.

She can't "jump on your E2 as a spouse without being married". That is fraud. And in this current climate with the government cracking down on immigration, the easy way to lose a visa is to commit fraud.

She can't change status unless she is married to a US citizen. You will not be a US citizen so that option is out.

 

The only options is for her to obtain her on work visa or you two get married. Other than that, you will just have to have a long distance relationship. This is why I say it is time to have a talk and make a decisions. Immigration is about huge sacrifices. We all on here have made them.

[Crazy Cat 39,261]

I agree with the others.  Either marriage or a valid work visa.  At all costs, she should not overstay her B2 visa.  That wold lead to serious consequences down the line...

[SusieQQQ 11,584]

To add, if she comes in too frequently on a B visa she will likely get the visa revoked at some stage, which will make another non-immigrant visa very difficult to get. The unofficial rule of thumb for those on visit status is twice as long out than in, so if she visits you for 3 months at a time she should plan on 6-month intervals between those visits. Arriving for 3 months with no real evidence of ties back home could be risky in itself too. Visas do not guarantee entry. 

 

US does not recognize common law spouses for immigration/visa purposes. You would need to be legally married for a derivative visa. 

[Stoopey 0]

2 hours ago, Unlockable said:

You and her will need to have a serious talk and make some big decisions. Because she will not be able to do any of the things you are asking about without a qualified US citizen or resident to help her. A qualified person is a spouse, not a mate or partner.

 

She can't work on a B2, it is illegal and people get deported for it.

She can't live in the US on a B2. If she comes and stays too long she will be at jeopardy of having her B2 revoked.

She can't "jump on your E2 as a spouse without being married". That is fraud. And in this current climate with the government cracking down on immigration, the easy way to lose a visa is to commit fraud.

She can't change status unless she is married to a US citizen. You will not be a US citizen so that option is out.

 

The only options is for her to obtain her on work visa or you two get married. Other than that, you will just have to have a long distance relationship. This is why I say it is time to have a talk and make a decisions. Immigration is about huge sacrifices. We all on here have made them.

 

Thanks everyone for the response.

 

I wasn't clear earlier - I fully know she cannot work on the B2 and she won't be looking to.

 

She will only stay on her B2 for up to 3 months, then return home, and then aim to come back again after 5-6 weeks.

 

Thanks 

[SusieQQQ 11,584]

10 minutes ago, Stoopey said:

 

Thanks everyone for the response.

 

I wasn't clear earlier - I fully know she cannot work on the B2 and she won't be looking to.

 

She will only stay on her B2 for up to 3 months, then return home, and then aim to come back again after 5-6 weeks.

 

Thanks 

That’s not going to work, ref my previous post. If she keeps coming back in (or trying to) after short periods out she clearly has no ties home, will be seen to be abusing her B visa and have it revoked under 214b. That will make any future B or other non-immigrant visa extremely difficult to get, for years.

Edited July 25, 2019 by SusieQQQ

[SusieQQQ 11,584]

She should also bear in mind that a potential denial of entry to the US can affect other future visa applications/electronic travel authorizations. Canada asks if visas or entry have ever been denied anywhere, as an example. Australia asks a similar question.  So does the UK, which may matter for her in a post-Brexit world.

Edited July 25, 2019 by SusieQQQ

[Unlockable 7,306]

11 minutes ago, Stoopey said:

 

Thanks everyone for the response.

 

I wasn't clear earlier - I fully know she cannot work on the B2 and she won't be looking to.

 

She will only stay on her B2 for up to 3 months, then return home, and then aim to come back again after 5-6 weeks.

 

Thanks 

She is basically hoping she will be able to do that.

 

To add to @SusieQQQ reply, she may not even be allowed back in by the border agent. They keep track of all the entries a person makes and if there is a pattern, they deny entry. Not only that, the 3 months she wants to have here is not her decision. It is the border agent he determines how long a person stays in the US. We have seen people who wanted to stay in the US for months but the border office ended up only giving them a few weeks.

 

Again, there are some big decisions you and her will have to make. And the quicker you come to realize you will be separated for an undetermined amount of time the better you can adapt and plan accordingly.

[Crazy Cat 39,261]

19 minutes ago, Stoopey said:

 

Thanks everyone for the response.

 

I wasn't clear earlier - I fully know she cannot work on the B2 and she won't be looking to.

 

She will only stay on her B2 for up to 3 months, then return home, and then aim to come back again after 5-6 weeks.

 

Thanks 

In the US for 12 weeks...then outside the US for 6 weeks........not a good plan.......she might get away with that strategy for a short time, but when ANY border officer sees that she is trying to live in the US with a B2, her visits will cease completely.....and she cannot appeal that decision.

[SusieQQQ 11,584]

15 minutes ago, missileman said:

In the US for 12 weeks...then outside the US for 6 weeks........not a good plan.......she might get away with that strategy for a short time, but when ANY border officer sees that she is trying to live in the US with a B2, her visits will cease completely.....and she cannot appeal that decision.

In all honesty if it’s just a 5-6 week break I can see her getting denied entry immediately on the second attempt. She will be questioned, clearly will not have a job back home to go, will be staying at the same address as before, will presumably be being supported by the boyfriend she is coming to visit... and as OP stated in first post, the intention will be to live, not be a tourist. 

 

The main options are marriage, a long distance relationship, or she finds someone to sponsor her for a work visa of her own. Maybe she can get some kind of J visa to stay in Boston for a year or so to see how it works out, but I suspect someone with a law degree would tire of being an au pair or similar. Not sure there would be much professionally-related available j-wise to a foreign law grad, but OP you/she can search J visa sponsors and see if anything looks worthwhile for her there. https://j1visa.state.gov/participants/how-to-apply/

 

 

Edited July 25, 2019 by SusieQQQ

[Crazy Cat 39,261]

8 minutes ago, SusieQQQ said:

In all honesty if it’s just a 5-6 week break I can see her getting denied entry immediately on the second attempt. She will be questioned, clearly will not have a job back home to go, will be staying at the same address as before, will presumably be being supported by the boyfriend she is coming to visit... and as OP stated in first post, the intention will be to live, not be a tourist. 

 

The main options are marriage, a long distance relationship, or she finds someone to sponsor her for a work visa of her own. Maybe she can get some kind of J visa to stay in Boston for a year or so to see how it works out, but I suspect someone with a law degree would tire of being an au pair or similar. Not sure there would be much professionally-related available j-wise to a foreign law grad, but OP you/she can search J visa sponsors and see if anything looks worthwhile for her there. https://j1visa.state.gov/participants/how-to-apply/

 

 

Agree......the plan as offered by the OP is full of risk......every visit increases the likelihood of entry denial ......

[JFH 12,189]

11 hours ago, Stoopey said:

 

Thanks everyone for the response.

 

I wasn't clear earlier - I fully know she cannot work on the B2 and she won't be looking to.

 

She will only stay on her B2 for up to 3 months, then return home, and then aim to come back again after 5-6 weeks.

 

Thanks 

That would mean she’s spending more time here than back home. That’s not what a tourist visa is for (living here in installments). By definition, a tourist visa is for someone who lives elsewhere and occasionally visits here, not someone who lives here and takes a trip to see their mother every three months. 

[Duke & Marie 1,389]

16 hours ago, Stoopey said:

 

 

I am a UK citizen and she is a Polish citizen with a law degree if that helps.

 

Thanks! 

 

I’m not sure if it’s possible from Poland... but I know there is a 1 year J1 (Type of Gap Year Visa) that Aussies out of Uni in last 12 months can apply for, it enables us to work there also... 

 

not sure when your girlfriend got out of uni... must have studied full time for at least 1 year and have completed studies in last 12 months.. 

[HRQX 4,145]

16 hours ago, Stoopey said:

Can she jump on my E2 visa as a spouse without us being married?

Must marry first: https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors "Family of E-2 Treaty Investors and Employees"

http://e2visalawyer.net/how-to-qualify-for-e-2-visa/spouse-and-children/