# Visa regulations for unmarried couples (pls help)



## Mark_1234 (Jan 29, 2013)

Hello all,

I stumbled over this forum today after google-ing some questions in regards of Visa restrictions for the US and I hope that maybe some specialists of you can help me out with a couple of questions. 

First of all, I want to say "Hi" . I'm Mark, currently living in southern Germany and planning on relocating to the US. I already lived in the US from 2006 to 2011. During this time I had a J-1 Visa for an internship with the company I'm working for from '06 to 07'. In '07 I got offered a permanent position and I interviewed for and got granted an E-1 visa.

In early 2011 I relocated back to Germany for another position. No, being back over here for 2 years I recently got two new job offers back in the US. Even though all the relocation during the last years was pretty stressful I still believe that I want to go back to the US again for another assignment.

Unfortunately for the visa situation, fortunately for me, I found my girlfriend about two years ago, shortly after I returned to Germany. We live together, got a bank account in our name, being totally in love, just without the ring on the finger. We know some day we do want to get married, but not yet and especially not because of the reason that getting a visa for my gf would be easier.

I'm working in Controlling and would most probably either get again an E-1 or an H1 visa. No comes the question: My girlfriend is a certified car sales-(wo)men over here in Germany. She would like to join me going to the US knowing that career-wise she will have to take a step back. But considering the fact that we want to have a family (some time) and that as of right now I'm earning quite some more $$ than she, she thinks that it's the right time and decision for me to work on my development. She will be helping me the taking care of the relocation, paperwork and everything else we will be dealing about beside the new job.

Long story short: Is there any visa regulation that would make it possible to also get for her a long term stay visa? Maybe also including the work permission? She already mentioned, if she can't work / sell any more, she''ll go nuts over the time . 

I understand it's most probably impossible because we're not married.....

Your advice is highly appreciated!

Thanks
Mark


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## belgarath (Jul 15, 2011)

Well, to my knowledge, *even if you were married*, she'd get an H4 visa as your spouse (with H1B) and this type of visa does not allow her to work.


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## Bevdeforges (Nov 16, 2007)

Unfortunately, the US visa process does not recognize long-term "de facto" relationships, nor does it recognize legalized civil unions, whether for same-sex couples or for hetero couples (e.g. the French PACS). They have recently come up with a scheme for "cohabiting partners" (or some such terminology), but it consists only of a B-2 visa which allows the partner to visit for up to six months at a time in a given year. No work privileges.

It's really dodgy whether your gf could get a work visa in the same location and for the same duration as your assignment in the US. 

Frankly, it doesn't look good.
Cheers,
Bev


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## twostep (Apr 3, 2008)

H1B - H4B
Currently no EAD (employment authorization) for spouses but changes are being discussed. Unless I am mistaken the 2012/2013 cap was reached and your earliest start date may be 10/2013. Who knows what might happen until then.

E1 - E2
She can apply for EAD and it can lead for both of you to a Green Card which opens a whole new world of opportunities.

Are you familiar with auto sales in the US? Her current position does not exist. Sales is generally a commission based activity with set goals, week ends, evenings.


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## Mark_1234 (Jan 29, 2013)

Thank you all for the great advice. I'll take it in account and will push forward in order to get another E1 visa. 

@ twostep: I'm pretty familiar with auto sales in the US. Those guys ripped me off a bunch of times :tongue1:. Her benefit is, she's selling (high) premium cars right now (Porsche/Audi). The whole mentality in the Sales department is a little bit different in those dealerships, what I learned so far. 

P.S. No offense to American Car Makers - I have to admit (an my gf is giving me a hard time with that) even being back in Germany I still drive drive American Muscle


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## twostep (Apr 3, 2008)

Mark_1234 said:


> Thank you all for the great advice. I'll take it in account and will push forward in order to get another E1 visa.
> 
> @ twostep: I'm pretty familiar with auto sales in the US. Those guys ripped me off a bunch of times :tongue1:. Her benefit is, she's selling (high) premium cars right now (Porsche/Audi). The whole mentality in the Sales department is a little bit different in those dealerships, what I learned so far.
> 
> P.S. No offense to American Car Makers - I have to admit (an my gf is giving me a hard time with that) even being back in Germany I still drive drive American Muscle


I disagree with you, having worked floor plans:>)

E1 is your employer's leash unless the Green Card process is part of your contract and that in very specific terms.


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## Davis1 (Feb 20, 2009)

are you sure you was on a E-1
The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade..

your G/F could join you on a B-2 cobabitating partner visa 
http://www.uscis.gov/USCIS/Laws/Memoranda/2011/August/Cohabitating_Partners_PM_081711.pdf ...she could not work 

The E-1 and E-2 do NOT lead to a green card


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## Mark_1234 (Jan 29, 2013)

100% sure - I was on an E-1 over there


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## twostep (Apr 3, 2008)

Davis1 said:


> are you sure you was on a E-1
> The Treaty Trader (E-1) or Treaty Investor (E-2) visa is for a national of a country with which the United States (U.S.) maintains a treaty of commerce and navigation who is coming to the U.S. to carry on substantial trade..
> 
> your G/F could join you on a B-2 cobabitating partner visa
> ...


I stand corrected!!!


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