B2 Visa Extension for Same-Sex Partner Problem

[katsura]

Hi, I am in the US on L1B status and my Visa is valid until 2011, My same sex partner got his B2 Visa at the same time I got my L1B.

We first arrived in the USA on Apr/08/2008, and he has applied for an extension in September 2008 and was granted a 6 months extension.

So we have pretty much been in the US for 12 months now. Obviously I would hope he can accompany me for the duration of my L1B until 2011.

We went back to visit the family in UK in March 2009 for 10 days, upon re-entering US, the immegration told my partner that he did not stay outside the US for long enough and after a long debate, granted him another 6 months stay.

But all this had been put on the record, and they told him he may have problem try to extend his stay yet again in 6 months time.

Is there any grounds for them to make such claims? I understand genreally B2 is only allowed a maximum of 12 months stay, but didn't the state goverment issue a classification for B2:
travel.state.gov/visa/laws/telegrams/telegrams_1414.html

Which to me seems to read that for accompany partner on work visa, longer stay should be granted?

That classification is intended for consular posts, does that mena the port immegration office does not need to take it into consideration - in other words, 2 sets of standards?

It would seem stupid to not allow extended stay for visitors with their working visa partners? If I'd known this I probably won't have taken up the work post!

So, my question is
- is it likely my partner will be denied extention.
- any way around it?

Thanks

 

[Triple Citizen]

I do not think it is stupid. Visitors are those who visit a place for a short duration. If someone wants to spend 12 months out of a year at one place, would you call him/her a visitor?

It would seem stupid to not allow extended stay for visitors with their working visa partners?

Most likely he will be denied entry. He can obtain an H-1B or L-1A/B visa for himself. He needs to find a job in your city.

So, my question is
- is it likely my partner will be denied extention.
- any way around it?

 

[pud]

Hi Katsura,

I had the exact same problem (or even slightly worse, actually):
My partner and I live in NY for a bit more than a year. I'm with H1b visa, and he's with B2-cohabitating partner visitor visa. We also relied on the law that says specifically that cohabitating partners can stay in the US with their B2-visa for longer than the regular 12 months.

Last February we returned to the US after 2 weeks family visit in Israel. We faced the same problem upon re-entry, and my partner got only 3-months. His I-94 expired in ~3 weeks.

We tried to find out what we can do about it. It turned out there wasn't much we could except for filing a very careful extension request. We are working on this request right now. We get some help from a non-profit organization called Immigration Equality, although they're not especially helpful. We hope for the best.

If you know anything new, I'll be glad to hear about it.

Good luck!

 

[Triple Citizen]

Filing an I-539 seems to be your partner's only option. The downside is, your partner still needs to overcome 214(b).

We tried to find out what we can do about it. It turned out there wasn't much we could except for filing a very careful extension request.