Visa and More

Preface As you know, unmarried life partners of people who are employed at a US company or who are being sent to a US branch of their company may only accompany that person if they get married first. Unmarried couples are usually a little hesitant to take that step, especially if the have only known each other for a short time, just so that they can both go to the US.

In a directive from US Secretary of State Colin Powell, however, an interesting alternative has been pointed out to US consulate generals worldwide, which may help life partners in situations like these to get a long-term residence permit, even if they can't get a work permit. This option presents itself with the well-known B-2 Visa and is easily handled. The condition is that you fulfill the requirements of Article 214(b) of the US immigration law, which emphasizes the strong ties to your home country.

The regulations of the "Foreign Affair Manual," the guide according to which the US consul makes his visa-related decisions, have been adjusted specifically for this.

Please note: this option is available for same-sex couples as well, it does not apply only to heterosexual couples.

Accompanying the life partner is compatible with B-status The option of using the B-2 status is possible according to Article 41.31 of the Foreign Affair Manual (FAM) under Note 11.4 - it says that relatives of non-immigrants who can not profit from the non-immigrant's status - e.g. parents of an E-Visa holder who are already retired - may obtain the B-2 status. Even though this example lists family members, it can also be used for unmarried life partners.

The B-status, however, only applies to accompanying the life partner for tourist purposes (travel for pleasure), according to Article 101(a)(15)(B) of US immigration law. This means you can obtain the B-status provided you are not planning to engage in employment. In case you do want to work, you will have to apply for your own work visa (e.g. H-1B or H-2B).

Longer stays qualify as temporary in terms of the B-2 The fact that accompanying life partners will be living in the US for a longer period of time (than usual on the B-2 status) is no obstacle for the B-2 visa. The Foreign Affair Manual formulates under N2.4 that you have planned to definitely leave the country after your life partner's status (not the visa) expires. In any case, "temporary" means a fixed period of time with a clearly defined end date. That's why the usually granted maximum stay of 6 months (with the option of having it extended to one year in the US) can be overstayed in this case! The important thing is to convince the US consulate in your application that you are not planning an indefinite stay in the US.

A good example stated in the regulations is a two-year work contract or a four-year college program in the US.

"Residence abroad" As with every typical B-Visa, it is important for the life partner to demonstrate that he or she has the permanent residence in his or her home country. The US consulates have been advised, however, not to look at the length of stay in the US, but rather at the close ties outside the US and at how likely it is that the person will return to his or her home country after the B-status expires. This will be determined by Immigration Services at the border.

The question of this is going to be handled in the individual case varies greatly depending on the individual circumstances. It is very likely that cohabitating partners who have been living together in the same place (e.g. an apartment) for several years will be able to get a B-2 status for the accompanying partner. Apart from the lease agreement, other good documentation includes combined bank accounts and assets, insurances made for the partner (e.g. for the case of death), registration documents for a car that is owned by both partners etc. It will also be important what kind of a (long-term) work experience can be demonstrated in the home country.

On the other hand, the boyfriend or girlfriend who have only been in the relationship for a short time and still have their own apartments will have a hard time obtaining such a status.

PLEASE NOTE: In case you have been holding a J-1 Visa in the past, you may not get a B-2 status even if you meet all the requirements mentioned above, because the requirement of a residency abroad cannot be lifted for you.

Extending the stay/length of the stay The regulations of US Citizenship and Immigration Services allow the accompanying life partner an initial period of one year (B-2 is usually for 6 months). In this special case, there are no regulations about a maximum period of stay. Therefore, after this first year you may apply for an extension in the US, or, even easier than that, at the border upon re-entering the country. In that case, it is important to present the official with documentation about the necessary (further) length of your partners stay on the, for example, L, E or F-Visa in English. So, generally it is possible to have your own status extended in 6-months increments up to the maximum validity of your partner's status.

Please note: Please make sure that the US consulate makes a note under "annotation," e.g. "Cohabitating partner, F-1 status" in your visa. This annotation is meant to explain the purpose of your extended stay to the official at the border and make it easier for him to approve your status.