B2 Visa for cohabiting partner of J1 Visa holder [closed]

B2 Visa for cohabiting partner of J1 Visa holder [closed] - The Front Cover of a Current Biometric Ukrainian Passport

Situation:

Drawing on https://travel.stackexchange.com/a/64098/83034 and the reference therein (https://fam.state.gov/FAM/09FAM/09FAM040202.html#M402_2_4_B_5), it seems appropriate for my partner who intends to join me while I'm in the US on my yearlong stay on a J1 Visa to apply for a B2 Visa. She would indeed motivate her request by the fact that we are and have been cohabiting partners and intend to remain so in the US.

Since we aren't married (and happily not in fact), a J2 seems to be no avenue for her – leaving B2 as an option which is perfectly fine as she anyway will be pursuing activities that are wholly recreational in nature.

FWIW, it appears that she and I will be going to the US Consulate General on separate days due to scheduling conflicts. Her appointment is roughly a week before mine.

Question(s):

  1. Does that make any sense at all to request a B2 on those grounds, i.e. ``tied'' to my J1 or is it completely unheard of? Any better idea?

  2. Her appointment at the US Consulate will be around a week before mine, which means that my J1 won't be issued by then. What supporting evidence does she need to take with her to convince the clerk that her request for a B2 is legitimately tied to my soon to be issued J1? I could give her my DS-2019 form and appointment confirmation for instance. Does she need to show that she has access to sufficient funds to cover her stay?

  3. Does she need to show evidence that we are indeed partners and not just a bloke and girl who met in the street last week? The most obvious that comes to my mind are bank accounts running under both our name and a lease agreement. Does she need to take ancillary items such as pictures?

  4. Regarding 9 FAM 402.2-4(B)(5), specifically:

    If such individuals plan to stay in the United States for more than six months, you should advise them to ask DHS for a one-year stay at the time they apply for admission.

    She'll be flying back every so often to our native Australia to take care of a few things we have going Down Under. How long should she say that she intends to stay in the US? The standard 6 months? Or should she say one year because that'll be the duration of my stay? At the time she'll enter the US, it won't be immediately clear exactly when she'll first fly back. It might be 2 months later, it might be 4. That requirement really depends on a number of external factors. The fact remains: is it fine to say something like:

    My partner will be there foreseeably for one year and I'd like to stay for as long with him. However, I might fly back every now and then but I honestly can't say when exactly at this stage.

  5. She'll be explaining all this to the US Consulate clerk. Does this all go into her ``file'' or does she have to explain it all again to the CBP officer at the border?

  6. Does she need to show a return ticket at all when she talks to the CBP officer?

In the end it's fair to say that the primary reason for her to be in the US is to be with me. She wouldn't technically be a tourist in the commonest sense of the word for a whole year. She has myriads of friends to visit, hobbies to pursue and cities to visit but at the end of the day she'll really be that, my cohabiting partner.






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Can I stay in the US with an expired J-1 visa?

Remember: Though you are allowed to travel in the USA during the Grace Period, you may NOT exit and return to the USA during the Grace Period, because your J-1 visa expires on the program \u201cend date\u201d on your DS-2019 form \u2013 and you will not be allowed back in to the USA with an expired visa (to finish traveling or to ...

Can J-1 visa holder bring spouse?

If a J-1 exchange visitor has a spouse and/or unmarried children under 21, those family members are eligible to come to the U.S. as J-2 dependents. Each J-2 dependent must have a Form DS-2019. ISO issues DS-2019s for all dependents listed on the initial J Visa Request form.

Can I bring my unmarried partner to the US?

The B-2 visitor visa is a nonimmigrant visa for persons traveling to the United States temporarily for the purpose of tourism, pleasure or visiting. This includes the common-law spouse or unmarried partner of a principal visa holder.

Can I change my status from J-1 to b2?

In order to change your J-1 status to B-1 or B-2 status (Visitor for Business or Pleasure), you have to file Form I-539, Application to Extend/Change Nonimmigrant Status, and submit all necessary documents.



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