Kiwi Partner B2 and CR1 (merged)

[JamieCheeks 0]

Hello all, thank goodness I found this group bc the call centre at US visa docs is driving me crazy! How can they say so many words and never answer my questions?! 

 

Anyways, thank you for being here!

 

My situation is this: I'm a US citizen and my partner of 15 years is Kiwi, we've always lived together in NZ and have 2 kids, a business and a house together but we aren't married.

We want to go and have a nice long visit it the States in May/June this year, we will stay with my family the entire time and rent out our house in NZ. 

 

I think we need a B2 visa for my partner, but that's only 6 months and we would ideally like to stay a year...any idea if this is possible? And what about the financial side of things? Do we need to have an absurd amount of money in savings to show that he can support himself ? 

 

We're staying with my parents who will support us and I may take up part time work for extra spending money as a US citizen, but I heard we to be married for this to count as financial support... We have been meaning to get married we just haven't, so would be happy to get the marriage certificate in the next few weeks, but does that look dodgy?

 

Another question... What if another Covid variant comes along and we can't get back into NZ, and he ends up overstaying due to this, has there been mercy around visa with Covid?

 

And last question I promise, for now anyways lol. If we decide that we want to go ahead and immigrate to the US, should we come back to NZ and apply here or apply within the US. It's a C1 visa is it? And then wait for like 2 years isnt it? 

 

Also FYI we have an appointment at Auckland embassy for mid April.for B2 visa and to get our kids their US passports :) and we want to travel to US in May/June.

 

Thank you all so much,.I really appreciate any insight on any of my many questions! 🇺🇲🇳🇿

[Unlockable 7,316]

2 hours ago, JamieCheeks said:

but that's only 6 months and we would ideally like to stay a year...any idea if this is possible? 

He can't. He can't live in the US on a B2 for a year, it is not what it was meant for. B2 is only for visiting for short periods. 6 months is the max and even that is generous.

 

You should rethink your plan. You and your kids are free to stay here as long as you want but foreigners can't come and live here on a B2. Not even if they have American family.  And if the interviewing officer finds out about this plan they will deny his B2. 

 

Unless it has an extremely high mortality rate, If there is another Covid variant then he should still be able to return. Countries are at a point that they will allow their citizens to return.

 

Honestly, everything you posted about your plan is setting the stage for a B2 denial. In order to get a B2 the applicant must show strong ties to their country and show they are not a risk of overstaying. So far you have shown that he plans to

1. Try to stay in the US longer than he is allowed to on his 1st trip after getting the B2. 

2. Has a mate and kids who are US citizen which means he can use them to come to the US and AoS which is fraud. 

3. Plan on leaving behind a home to rent out.

4. Either doesn't have a job or is leaving a job to be able to stay in the US for a year. (P.S. he can not work while here on a B2. Not even remote work)

5. Plan on leaving the business behind?

 

Those are all huge red flags. 

 

 

 

 

 

[Redro 4,613]

26 minutes ago, Unlockable said:

He can't. He can't live in the US on a B2 for a year, it is not what it was meant for. B2 is only for visiting for short periods. 6 months is the max and even that is generous.

 

You should rethink your plan. You and your kids are free to stay here as long as you want but foreigners can't come and live here on a B2. Not even if they have American family.  And if the interviewing officer finds out about this plan they will deny his B2. 

 

Unless it has an extremely high mortality rate, If there is another Covid variant then he should still be able to return. Countries are at a point that they will allow their citizens to return.

 

Honestly, everything you posted about your plan is setting the stage for a B2 denial. In order to get a B2 the applicant must show strong ties to their country and show they are not a risk of overstaying. So far you have shown that he plans to

1. Try to stay in the US longer than he is allowed to on his 1st trip after getting the B2. 

2. Has a mate and kids who are US citizen which means he can use them to come to the US and AoS which is fraud. 

3. Plan on leaving behind a home to rent out.

4. Either doesn't have a job or is leaving a job to be able to stay in the US for a year. (P.S. he can not work while here on a B2. Not even remote work)

5. Plan on leaving the business behind?

 

Those are all huge red flags. 

 

 

 

 

 

Add: Applying for a B2 when ESTA is available to him. 

There is a big chance he will be denied the B2. I believe if that happens he will have a harder time qualifying for ESTA (the 90 day stay). 

 

https://help.cbp.gov/s/article/Article-1097?language=en_US

 

 

Edited February 17, 2022 by Kor2USA

[Crazy Cat 42,768]

8 hours ago, JamieCheeks said:

Hello all, thank goodness I found this group bc the call centre at US visa docs is driving me crazy! How can they say so many words and never answer my questions?! 

 

Anyways, thank you for being here!

 

My situation is this: I'm a US citizen and my partner of 15 years is Kiwi, we've always lived together in NZ and have 2 kids, a business and a house together but we aren't married.

We want to go and have a nice long visit it the States in May/June this year, we will stay with my family the entire time and rent out our house in NZ. 

 

I think we need a B2 visa for my partner, but that's only 6 months and we would ideally like to stay a year...any idea if this is possible? And what about the financial side of things? Do we need to have an absurd amount of money in savings to show that he can support himself ? 

 

We're staying with my parents who will support us and I may take up part time work for extra spending money as a US citizen, but I heard we to be married for this to count as financial support... We have been meaning to get married we just haven't, so would be happy to get the marriage certificate in the next few weeks, but does that look dodgy?

 

Another question... What if another Covid variant comes along and we can't get back into NZ, and he ends up overstaying due to this, has there been mercy around visa with Covid?

 

And last question I promise, for now anyways lol. If we decide that we want to go ahead and immigrate to the US, should we come back to NZ and apply here or apply within the US. It's a C1 visa is it? And then wait for like 2 years isnt it? 

 

Also FYI we have an appointment at Auckland embassy for mid April.for B2 visa and to get our kids their US passports and we want to travel to US in May/June.

 

Thank you all so much,.I really appreciate any insight on any of my many questions! 🇺🇲🇳🇿

I would re-think that entire plan.  If he qualifies for ESTA, I would use that for a much shorter (than your plan) visit to the US.  If the B2 is denied, he will likely lose ESTA eligibility.  I see a pretty large risk of B2 denial.  Your SO is a classic case of assumption for possible overstay and adjustment of status.

Edited February 17, 2022 by Crazy Cat

[Unlockable 7,316]

*** Moved to Tourist Visa section of the forum.

 

VJ Moderation

[millefleur 5,047]

Even if he miraculously got a B visa, most likely he would not be given more than 6 months visiting privilege at a time. Length of stay is determined and issued at POE when he arrives, it's not determined beforehand. He could also be denied entry if they suspect he has intentions to stay too long or overstay.

 

7 hours ago, JamieCheeks said:

We're staying with my parents who will support us and I may take up part time work for extra spending money as a US citizen, but I heard we to be married for this to count as financial support... We have been meaning to get married we just haven't, so would be happy to get the marriage certificate in the next few weeks, but does that look dodgy?

This is untrue. Being married to a USC will significantly decrease his chances of approval for a B because they see he will have a path to adjust and stay, thus strong overstay risk.

 

If I were you, I'd cancel the B appointment and just stick with ESTA and shorter trips. Risking a B denial plus getting ESTA revoked isn't worth it.

[JamieCheeks 0]

Hi everyone thanks for your replies...I don't know how to reply individually if anyone can teach me how to do that?

[JamieCheeks 0]

Ok so my partner will ask to stay for 6 months and we definitely will be coming back to NZ and do not plan to overstay..how can I show ties to NZ? We have a business to come back to, we will only have a 6 month lease on our house so can show that. Once that is empty we will have to come back and work and pay the mortgage. The kids are enrolled in school here in NZ, can show proof of that maybe. A return ticket is good proof too right?

 

How about the financial side of things...do we really need $240 a day to prove we are financially secure to stay on a B2 visa? And does it matter if we are married or not in regards to this support? Do we need to prove this at the interview or at the border?

 

We don't want to rock the boat and do anything illegal, just want to visit my family for 6 months, haven't seen them. In nearly 9 years, we are overdue a visit and want my kids to know their cousins. Is this reason enough to justify our visit?

 

Thank you!

 

 

[millefleur 5,047]

17 minutes ago, JamieCheeks said:

Hi everyone thanks for your replies...I don't know how to reply individually if anyone can teach me how to do that?

You can hit the "Quote" button under the post to quote the person you want to respond to. Hope that helps.

 

13 minutes ago, JamieCheeks said:

How about the financial side of things...do we really need $240 a day to prove we are financially secure to stay on a B2 visa? And does it matter if we are married or not in regards to this support? Do we need to prove this at the interview or at the border?

The marriage aspect is completely irrelevant to finances here, I don't know where you heard that but regarding a B visa it's just misinformation and has nothing to do with proving anything. Like I said above, marrying a USC gives the non-USC a sure fire way to stay and adjust and thus will significantly increase the chance of a B visa denial. The only person here on VJ I know who successfully got a B visa for their spouse while giving up ESTA is @Jorgedig so maybe she can chime in here.

 

15 minutes ago, JamieCheeks said:

We have a business to come back to, we will only have a 6 month lease on our house so can show that. Once that is empty we will have to come back and work and pay the mortgage. The kids are enrolled in school here in NZ, can show proof of that maybe. A return ticket is good proof too right?

6 month lease sounds like a weak tie. Owning a business is better but if you physically don't need to be there to run the business, it can also be seen as weak. Return ticket is obviously a must but they may no even ask to look at it, a lot of times they just ask about when you plan to return and base it more on the "big picture." What reasons does your partner have to return?

 

20 minutes ago, JamieCheeks said:

We don't want to rock the boat and do anything illegal, just want to visit my family for 6 months, haven't seen them. In nearly 9 years, we are overdue a visit and want my kids to know their cousins. Is this reason enough to justify our visit?

The problem with this argument, just to play devil's advocate and look at it from a CO perspective, is that you and your USC kids can do all that without your partner. The key thing here is convincing them that your partner will return and has no immigrant intent. Your reason for going there is totally irrelevant because as a USC, you are allowed to go there whenever. It's convincing them that your partner will go for a short visit and has no plans to stay that is the problem to overcome. You also should not think about it as "our visit" because the partner applies alone and it's "their visit" that they have to convince the consulate about. Why are they going, what reasons do they have to return to NZ and why isn't ESTA good enough? What justifies a B in this case for them? With B visas, only the applicant applies, their US family or friends are not seen as part of the application whatsoever.

[Chancy 6,244]

2 minutes ago, millefleur said:

With B visas, only the applicant applies, their US family or friends are not seen as part of the application whatsoever.

 

...except as a possible tie to the US that would tip the scale in favor of B visa denial for the applicant.

 

[SalishSea 18,290]

53 minutes ago, millefleur said:

You can hit the "Quote" button under the post to quote the person you want to respond to. Hope that helps.

 

The marriage aspect is completely irrelevant to finances here, I don't know where you heard that but regarding a B visa it's just misinformation and has nothing to do with proving anything. Like I said above, marrying a USC gives the non-USC a sure fire way to stay and adjust and thus will significantly increase the chance of a B visa denial. The only person here on VJ I know who successfully got a B visa for their spouse while giving up ESTA is @Jorgedig so maybe she can chime in here.

 

6 month lease sounds like a weak tie. Owning a business is better but if you physically don't need to be there to run the business, it can also be seen as weak. Return ticket is obviously a must but they may no even ask to look at it, a lot of times they just ask about when you plan to return and base it more on the "big picture." What reasons does your partner have to return?

 

The problem with this argument, just to play devil's advocate and look at it from a CO perspective, is that you and your USC kids can do all that without your partner. The key thing here is convincing them that your partner will return and has no immigrant intent. Your reason for going there is totally irrelevant because as a USC, you are allowed to go there whenever. It's convincing them that your partner will go for a short visit and has no plans to stay that is the problem to overcome. You also should not think about it as "our visit" because the partner applies alone and it's "their visit" that they have to convince the consulate about. Why are they going, what reasons do they have to return to NZ and why isn't ESTA good enough? What justifies a B in this case for them? With B visas, only the applicant applies, their US family or friends are not seen as part of the application whatsoever.

Great memory, @millefleur!

 

Yes, my (now) husband did get a B-2 successfully out of Auckland, but I’d never recommend doing that now.   Nor would we have pursued that route had we known at the time that it could potentially put at risk his ESTA , and ability to visit the US at all.

 

Some key differences:  

- We were dating long distance at the time.  We were not married or even at the point of looking into immigrant visas.

 

- He had travelled here several times on ESTA with return ticket, always stayed for the duration he said he would, and returned.   The visits were normal vacation length visits-  3 weeks ish.

 

-He had strong ties to NZ, including a full-time job as a business banker, children, a home.

 

OP,  I would not risk losing the ESTA for this.   B visas are for visiting, not living here.  He will be considered to have immigrant intent.   If you want him to live in the US, you need to go about it properly and petition him for an immigrant visa.

[aaron2020 11,651]

13 hours ago, JamieCheeks said:

Hello all, thank goodness I found this group bc the call centre at US visa docs is driving me crazy! How can they say so many words and never answer my questions?! 

 

Anyways, thank you for being here!

 

My situation is this: I'm a US citizen and my partner of 15 years is Kiwi, we've always lived together in NZ and have 2 kids, a business and a house together but we aren't married.

We want to go and have a nice long visit it the States in May/June this year, we will stay with my family the entire time and rent out our house in NZ. 

 

I think we need a B2 visa for my partner, but that's only 6 months and we would ideally like to stay a year...any idea if this is possible? And what about the financial side of things? Do we need to have an absurd amount of money in savings to show that he can support himself ? 

 

We're staying with my parents who will support us and I may take up part time work for extra spending money as a US citizen, but I heard we to be married for this to count as financial support... We have been meaning to get married we just haven't, so would be happy to get the marriage certificate in the next few weeks, but does that look dodgy?

 

Another question... What if another Covid variant comes along and we can't get back into NZ, and he ends up overstaying due to this, has there been mercy around visa with Covid?

 

And last question I promise, for now anyways lol. If we decide that we want to go ahead and immigrate to the US, should we come back to NZ and apply here or apply within the US. It's a C1 visa is it? And then wait for like 2 years isnt it? 

 

Also FYI we have an appointment at Auckland embassy for mid April.for B2 visa and to get our kids their US passports and we want to travel to US in May/June.

 

Thank you all so much,.I really appreciate any insight on any of my many questions! 🇺🇲🇳🇿

Hi,

 

What you want is impossible.  In fact, the law is actively written to stop what you want to do.

 

Unfortunately, there is no trial visa to come and live in the US before you decide to immigrate.

Your partner is going to rent out your house, the USC partner and USC kids are returning home to the US.  Your family will not have a home to return to during this rental period.  People don't generally rent out their house when they go on vacation.  They do rent out their house when they decide to go live somewhere else for a while.  Your partner want a B2 visa to go and live with his USC family for 6 months and possibly a year.  This will be an instant denial.  It looks like wanting to immigrate to the US on a B2 visa because you don't want to wait for a CR-1 spousal visa.

You're going to have to marry, file for immigrant visa, and come live in the US if your partner want to spend significant amount of time living in the US.  

Sorry for delivering the bad news.  US immigration does't work as easily as most Americans believe.  

Edited February 17, 2022 by aaron2020

[Redro 4,613]

1 hour ago, JamieCheeks said:

Ok so my partner will ask to stay for 6 months and we definitely will be coming back to NZ and do not plan to overstay..how can I show ties to NZ? We have a business to come back to, we will only have a 6 month lease on our house so can show that. Once that is empty we will have to come back and work and pay the mortgage. The kids are enrolled in school here in NZ, can show proof of that maybe. A return ticket is good proof too right?

 

How about the financial side of things...do we really need $240 a day to prove we are financially secure to stay on a B2 visa? And does it matter if we are married or not in regards to this support? Do we need to prove this at the interview or at the border?

 

We don't want to rock the boat and do anything illegal, just want to visit my family for 6 months, haven't seen them. In nearly 9 years, we are overdue a visit and want my kids to know their cousins. Is this reason enough to justify our visit?

 

Thank you!

 

 

6 months is the max he can be offered if he receives the B2. Even if you told us he has plans to visit the US for 6 months (and not your initial plan of 1 year) the advice would remain the same.

Stick to ESTA as he qualifies for ESTA.

 

He is not guaranteed 6 months when he enters the US on a B2. 

 

My advice would be for you and the children to visit the US for a year. Your partner can fly with you at first or remain in New Zealand and join you on his ESTA for 1-2 months. Return to New Zealand for 4-5 months then join you in the States for another short vacation. 

 

 

[igoyougoduke 1,678]

15 hours ago, JamieCheeks said:

Hello all, thank goodness I found this group bc the call centre at US visa docs is driving me crazy! How can they say so many words and never answer my questions?! 

 

Anyways, thank you for being here!

 

My situation is this: I'm a US citizen and my partner of 15 years is Kiwi, we've always lived together in NZ and have 2 kids, a business and a house together but we aren't married.

We want to go and have a nice long visit it the States in May/June this year, we will stay with my family the entire time and rent out our house in NZ. 

 

I think we need a B2 visa for my partner, but that's only 6 months and we would ideally like to stay a year...any idea if this is possible? And what about the financial side of things? Do we need to have an absurd amount of money in savings to show that he can support himself ? 

 

We're staying with my parents who will support us and I may take up part time work for extra spending money as a US citizen, but I heard we to be married for this to count as financial support... We have been meaning to get married we just haven't, so would be happy to get the marriage certificate in the next few weeks, but does that look dodgy?

 

Another question... What if another Covid variant comes along and we can't get back into NZ, and he ends up overstaying due to this, has there been mercy around visa with Covid?

 

And last question I promise, for now anyways lol. If we decide that we want to go ahead and immigrate to the US, should we come back to NZ and apply here or apply within the US. It's a C1 visa is it? And then wait for like 2 years isnt it? 

 

Also FYI we have an appointment at Auckland embassy for mid April.for B2 visa and to get our kids their US passports and we want to travel to US in May/June.

 

Thank you all so much,.I really appreciate any insight on any of my many questions! 🇺🇲🇳🇿

B-1 visa is for visiting USA not to live in USA. Port of entry gives a maximum of 6 months from the day arrival. Also USA does not recognize what partner is . You are either married or not. if you are married you can choose to file CR1 visa to move permanently to USA. it takes up to 18-24 months to get CR1 visa.

 

 

[JamieCheeks 0]

I'm so sorry i can't find my previous thread I had about B2 visa for my Kiwi partner so I'm starting a new one...please forgive me, I can't navigate this site very well from my phone. 

 

So my question is regarding my partner of 15 years getting a B2 visa. Tell me if there are red flags in my situation that the US consulate or border officer won't like.

 

We live, own a house and a business and have 2 kids in school in NZ however we are not married, always meant to but haven't gotten around to it yet. We've been together 15 years. We plan on going to stay with my parents in US for 6 months to help them renovate their house and to spend time with them as they're getting a bit older. Also going so my Kiwi kids can meet their cousins who are the same age. 

 

We have ties to NZ.  Our business is quiet in NZ winter months that is why we are going over that time period. We have a locum covering for us while we're away and have bookings when we come back in November 2022. We have a mortgage and kids school to come back to. We plan on Air bnbing our house while we're away with a property manager. We have a return ticket.

 

Is all this sounding ok?

 

Also what else do we nees to prove for B2 visa? How much money do we need to have in the bank to prove our financial situation? Any thing else besides prooving finances?

 

Any other tips or recommendations for my case?

 

If they deny B2, why does that mean he can't get an ESTA? Seems like such a gamble! 

 

Also is it up to the visa person at the US consulate interview to allow the 6 months or up to the guy at the airport?

 

We are definitely not trying to overstay or raise red flags, we just want a nice long holiday with my family!

 

Thanks