B-2 visa for same-sex partner of J-1 visa holder

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wabbit

New Member
I'm from Australia and am in the US on a J1 visa. My partner is still in Australia and plans to come and join me soon. We would like to stay in the US for the length of my J1 (2.5 years remaining) then return to Australia, where we both have strong work and family ties. When I applied for my J1 I was told, at the consulate, that my partner (de facto) would be able to apply for a B2 for the length of my visa. This is also stated in the DOS cable dated July 1, 2001. What we need to know is what sort of additional documentation will we require?

I can provide the documentation of my visa, along with a letter stating that I intend to provide full financial support. I have an apartment/car and utilities all ready set up. We have finances in Australia also that will be used to purchase the ticket plus support any additional recreation or travel in the US.

We can also provide letters of support from friends, family and community members to confirm that we are in a long term committed relationship, and that we have strong ties to Australia.

Do these letters (from myself and other individuals) need to be affidavits, notarized or signed by a Justice of the Peace (we don't really have many notary publics in Australia)? Is there anything else that is would be useful to provide?

One last question, how common is it to have your length of stay at the point of entry reduced from that applied for on the visa?

Thanks so much in advance for your help. Any advice greatly appreciated.
 
I only can asnswer about the lenght of stay.

The lenght of stay is given by the officer at the port of entry and that is your valid authorization to stay in the US. Normally the longest stay is 6 months and you can extended after you enter (wait like 3 months or so) for 6 more months but that's it.

A B2 visa is only given for tourism/pleasure not for living or as other non-immigrant work or study related visas. You are not authorize to work and live, per se, in the US.

Be advice, that your partner if pretend really to overstay (since you say that he wants to stay with you for the lenght of your J1, 2+ years) he will be in unlawfull presence and if he passed 180 days up without status he will be bar for 3 yeas when he leave the US, for unlawful presence for a year or more the bar is 10 years.

The visa expiration date is just the validity of the visa from which you can enter the US, not when you must leave the US. Let's say that he is given a B2 visa valid for 10 years. That does not mean that he can stay in the US for 10 years. That means that in the period of 10 years of the validity of the visa he can enter the US many times but leave until the time given on the I-94 form at the POE (port of entry).

The period that rules how long your partner would be able to stay in the US, is given at the POE and stamp or written on the I-94 form when s/he will be arriving at the US. It's given on the plane.

Hope it clarifies,
 
A B2 visa has a maximum stay limit of 6 months .

You have other options for his stay. He could enroll at a school / Univ here and stay with you on a F1 visa , or he could just come here on a J1 .

He could try for employment and get a H1B visa , but this is a long shot .
 
You seem to have all your bases covered. Whilst 6 months is the usual stay for a B2, in these circumstances I have seen them given for longer, just need to ask and keep your fingers crossed.

The Visa is for the period that you are allowed to apply to enter using it, the I-94 governs how long you are admitted for.

Australians usually get a 1 year or 5 year B2, obviously you need the latter.
 
Theone said:
Australians usually get a 1 year or 5 year B2, obviously you need the latter.
Click to expand...


Are you talking about the validity of the visa or the I-94?
 
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I know this is an old post, but I would like to clear up a lot of misinformation in case others are still reading it.

First, there is usually a 6-month limit to a single B-2 visit (although you can ask for up to 1 year at the POE in some cases). However, there is no *specific* limit on how many times you can extend, or re-enter. That being said, if an officer believes you have immigrant intent, or intend to permanently reside in the U.S., you won't get in.

Specific to your case, there is guidance from 2001 that specifically allows non-married same-sex or opposite-sex partners to accompany their significant other to the U.S. as long as the significant other in on a non-immigrant visa. You can stay for the same length of time as your partner, but must extend your status every 6 months. For example, if your partner is on a 3-year H1B, you can enter in B-2 status, extending every 6 months until your partner's status ends (up to 3 years, or beyond if your partner extends his/her status as well).

All the details are here: http://travel.state.gov/visa/laws/telegrams/telegrams_1414.html
 
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