# Moving to New York



## Amy_Dan (May 25, 2016)

Hi there, I was hoping to get some advice from anyone who has hopefully been in a similar situation.. 
My partner (not married only de facto) has been offered a job in New York for 2 years and part of this is they would sponsor him to relocate. I would obviously love to come along with him and that would be a condition of the move. I guess my question is what my options are? From the research I have done to date I think they are:
- I would not qualify for the partner E-3 visa (however marriage is something we would consider). 
- Holiday VISA for the whole 2 years, means I couldn't work at all and I guess my question with this is would I get bored? And could I extent it or would I have to keep leaving the country and re-apply? 
- Apply for my own working VISA (I do have a under and post graduate degree from Australia). 
Any assistance will be greatly appreciated. 
Thank you


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## Crawford (Jan 23, 2011)

- Yes you are correct - unmarried and you do not qualify for the E3 partner visa

- There is no holiday visa - there is a B2 cohabiting visa for couples who have a long term relationship, but this has to be renewed every 6 or 9 months and the 'partner' cannot work

- to get your own work visa you find a prospective employer who is willing to sponsor you.
Costly in terms of time and effort so one needs to have skills which are in demand.

Getting married seems the obvious option.


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## BBCWatcher (Dec 28, 2012)

A F-1 student visa is another popular choice -- to get another graduate degree, for example. You have to be a full-time student making satisfactory academic progress, although certain part-time work is allowed.


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## twostep (Apr 3, 2008)

B2 is a tourist visa. When applied for in conjunction with an employment visa for the purpose of cohabitating partner it generally gets issued for the duration of the employment visa. No employment for compensation. 

You can go the route of your own employment based visa, education or investment. Marriage will probably be the easiest solution.


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## Bevdeforges (Nov 16, 2007)

Except that YOU can't apply for a work visa. You need to find a job with an employer who is willing and able to sponsor a foreigner in the position, get work authorization to hire a foreigner and shell out the money to do all that. Once the work authorization has been granted, you can then apply for the visa. But it is not an easy process and is not possible for all jobs.
Cheers,
Bev


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## twostep (Apr 3, 2008)

What do,you mean by work authorization?


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## Bevdeforges (Nov 16, 2007)

It works a little differently in the US than in some other countries, but basically this: Hiring Foreign Workers for Your Business: First Things to Know | Nolo.com

As they say, if someone an employer wants to hire doesn't have their own work authorization (i.e. are a US citizen, green card holder or have some other status that allows them to work) the employer can help them obtain one - maybe.
Cheers,
Bev


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## twostep (Apr 3, 2008)

> [It works a little differently in the US than in some other countries, but basically this: Hiring Foreign Workers for Your Business: First Things to Know | Nolo.com
> 
> As they say, if someone an employer wants to hire doesn't have their own work authorization (i.e. are a US citizen, green card holder or have some other status that allows them to work) the employer can help them obtain one - maybe.
> Cheers,
> Bev


Quote does not like me today. So lets try it this way.
@Commercial sites living off advertisement and hits are not often a good source of real time information.
@Travel.state.gov and uscis.gov are official US sites.
@A US employer cannot "help". A US employer has to apply for an employment based visa for an potential employee not authorized to work in the US.



> Except that YOU can't apply for a work visa. You need to find a job with an employer who is willing and able to sponsor a foreigner in the position, get work authorization to hire a foreigner and shell out the money to do all that. Once the work authorization has been granted, you can then apply for the visa. But it is not an easy process and is not possible for all jobs.
> Cheers,
> Bev


@By your definition of work authorization being an employment based visa - there is nothing the potential employee can do but wait. OP apparently being AUS gives her the option of E3.
@There are exceptions for all rules including US government positions and top clearances.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> Quote does not like me today. So lets try it this way.
> @Commercial sites living off advertisement and hits are not often a good source of real time information.
> @Travel.state.gov and uscis.gov are official US sites.
> @A US employer cannot "help". A US employer has to apply for an employment based visa for an potential employee not authorized to work in the US.


Nolo is a standard legal reference site. They publish lots of reference books on US law and are often referred to by members of the legal profession. The US employer "helps" by applying for the employment based visa, acting as "sponsor" for a job candidate not otherwise authorized to work in the US.




> @By your definition of work authorization being an employment based visa - there is nothing the potential employee can do but wait. OP apparently being AUS gives her the option of E3.
> @There are exceptions for all rules including US government positions and top clearances.


The E3 is available only to those Australians in a "specialty occupation" - and finding a specialty job in the same area as one's partner can be a real crap shoot.

Besides, I was replying to the suggestion that the OP apply for her own work visa. In most cases, you need an employer to make the initial application for you.
Cheers,
Bev


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## Amy_Dan (May 25, 2016)

Thanks for all the responses! 

I do understand that you need to find an employer willing to sponsor you before you can apply for the E3 VISA, just a bit of miss-pronunciation in my original post I think. I am in the same industry as my partner (accounting and finance) so I don't think finding a job would be impossible.

At this stage I think we are leaning towards the B2 visitor VISA. Have ruled out the E3 dependant VISA as we are expecting my partners job to start later this year and I am not really after a rushed wedding. 

Further to this, does anybody know what activities you can undertake on the B2 visitor's VISA? Would I be able to study in New York but through an Australian online university? Or volunteer with say a pet rescue charity (for no compensation obviously)? 

Thanks again


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## twostep (Apr 3, 2008)

You can volunteer with a registered non-profit.


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## Crawford (Jan 23, 2011)

It's the *B2 cohabiting *visa you want to go for.

If you apply for the standard B2 visitor visa you are very likely not to get it as, as an Australian, you are eligible for the VWP program.

Whereas you might get the B2 cohabiting visa issued for the whole of period of the E3 visa, it is usually issued for 6 months initially (maybe a year) and has to be renewed.

No, you cannot study with this visa, yes you can do voluntary work.


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## Crawford (Jan 23, 2011)

Am amending my above response

While the B2 cohabiting visa can be issued for the whole of the period of the main visa on which it depends, when entering the US one might only be given a 6 month entry so one needs to apply for extentions.


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## Bellthorpe (Jun 23, 2013)

Crawford said:


> If you apply for the standard B2 visitor visa you are very likely not to get it as, as an Australian, you are eligible for the VWP program.


Being eligible for the VWP does not become a factor for an Australian applying for a visa. As with any visa, the interviewing officer will ask 'why do you want this visa?'



Amy_Dan said:


> Would I be able to study in New York but through an Australian online university?


On a B2 visa you would be allowed to study if it's 'recreational' in nature. Not a degree course, for example. But studying online with an Australian university is about as 'under the radar' as it's possible to get, I would, were I inclined, certainly proceed with that.


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## twostep (Apr 3, 2008)

Bellthorpe said:


> Being eligible for the VWP does not become a factor for an Australian applying for a visa. As with any visa, the interviewing officer will ask 'why do you want this visa?'
> 
> 
> 
> On a B2 visa you would be allowed to study if it's 'recreational' in nature. Not a degree course, for example. But studying online with an Australian university is about as 'under the radar' as it's possible to get, I would, were I inclined, certainly proceed with that.


https://travel.state.gov/content/visas/en/visit/visitor.html
Rather detailed explanation about the purpose of B2. OP will physically be in the US. I would book an info pass to get official clarification. Looks great at a visa interview - when did you get your degree, you were living where with which visa?


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## Crawford (Jan 23, 2011)

Bellthorpe said:


> Being eligible for the VWP does not become a factor for an Australian applying for a visa. As with any visa, the interviewing officer will ask 'why do you want this visa?'



Sorry but completely disagree with this statement when it comes to applying for a B1/B2 visa.

If one is eligible for the VWP (visa waiver program), applying for a B1/B2 visa is very likely to get one a denial as the USA has given special privileges to a certain number of countries for the express purpose of allowing citizens of these privileged countries to visit the US for up to 90 days without going through the hassle of getting a visa to do so. The States has determined that visiting and or certain business categories can be undertaken well within the 90 days allowed.

Therefore applying for a B1/B2, without extremely strong reasons as to why you want/need to remain in the States for longer than 90 days is very likely to be refused.

Being refused a visa must be declared on any ESTA application. A refused visa declaration therefore might lead to a refused ESTA - which screws up you using the VWP program.

There are numerous examples on any number of forums of people who decided to apply for the B1/B2 visa just because they fancied vacationing/looking at property/visiting offices in the US for more than 90 days, and being refused.


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## Bellthorpe (Jun 23, 2013)

Until recently, when I went E-3 then Green Card, I spent years entering the US on B1/B2, and without having an ESTA.


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## Crawford (Jan 23, 2011)

Bellthorpe said:


> Until recently, when I went E-3 then Green Card, I spent years entering the US on B1/B2, and without having an ESTA.


If you have been granted a B1/B2 visa then you don't need to do ESTA - I'm talking about being refused a B1/B2 visa when one is eligible for VWP.


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## Bellthorpe (Jun 23, 2013)

I think you've missed my point. To *have* a B/B2 visa, I had to *apply* for a B1/B2 visa. Which I did on a number of occasions, whilst being eligible for the VWP. The situation you described. This sample of one did not encounter any problems. I know others who have always preferred to have and use a visa rather than use the VWP.

Amongst other reasons for preferring a visa, from time to time one might want to pop over to Canada or Mexico for a few days. Under the VWP one might not be able to re-enter the US.


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## Crawford (Jan 23, 2011)

Bellthorpe said:


> I think you've missed my point. To *have* a B/B2 visa, I had to *apply* for a B1/B2 visa. Which I did on a number of occasions, whilst being eligible for the VWP. The situation you described. This sample of one did not encounter any problems. I know others who have always preferred to have and use a visa rather than use the VWP.
> 
> Amongst other reasons for preferring a visa, from time to time one might want to pop over to Canada or Mexico for a few days. Under the VWP one might not be able to re-enter the US.


Very pleased that you were able to get the B1/B2 visa - many don't (my point)


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## twostep (Apr 3, 2008)

Bellthorpe said:


> I think you've missed my point. To *have* a B/B2 visa, I had to *apply* for a B1/B2 visa. Which I did on a number of occasions, whilst being eligible for the VWP. The situation you described. This sample of one did not encounter any problems. I know others who have always preferred to have and use a visa rather than use the VWP.
> 
> Amongst other reasons for preferring a visa, from time to time one might want to pop over to Canada or Mexico for a few days. Under the VWP one might not be able to re-enter the US.


Good for you. Now be sure to carry your Green Card.

OP did not ask about CAN/MEX border crossing but about moving to the US with a boy friend on E3.

She has the option of applying for B2 cohabitating partner. She can enter with ETA and try to find a job with E3 sponsorship. She has other options.


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## Amy_Dan (May 25, 2016)

Hi again everyone - thanks for the helpful posts above. We have recently been liaising with another couple who work at the same firm in NYC and are in a very similar situation (de facto/not married). She has been advised that they will not extend her B2 Visa beyond 1 year and so is having to return home shortly. This is obviously not ideal! 

So back to the option of marriage and an E3 Dependent Visa! If we were to lodge our Notice of Intended Marriage forms now, there would be about a month wait. So this would really take us up and into the processing stage. By this I mean where the sponsoring employer is organising everything from their end. I understand that this can take a few months and then this is when you are given the "Labor Condition Application"? Anyway, now I am getting a little off track - given our marriage certificate would only be dated a couple of months prior to our Visa interview, would this be considered a little dodgy? We can prove a relationship has existed for 4 years prior, so should we maybe just bring additional proof to that effect? 

Thanks again.


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## twostep (Apr 3, 2008)

Amy_Dan said:


> Hi again everyone - thanks for the helpful posts above. We have recently been liaising with another couple who work at the same firm in NYC and are in a very similar situation (de facto/not married). She has been advised that they will not extend her B2 Visa beyond 1 year and so is having to return home shortly. This is obviously not ideal!
> 
> So back to the option of marriage and an E3 Dependent Visa! If we were to lodge our Notice of Intended Marriage forms now, there would be about a month wait. So this would really take us up and into the processing stage. By this I mean where the sponsoring employer is organising everything from their end. I understand that this can take a few months and then this is when you are given the "Labor Condition Application"? Anyway, now I am getting a little off track - given our marriage certificate would only be dated a couple of months prior to our Visa interview, would this be considered a little dodgy? We can prove a relationship has existed for 4 years prior, so should we maybe just bring additional proof to that effect?
> calls it.
> Thanks again.


As long as you are legally married and have proof in hand it does not matter how long you have been married. You may want to get several copies of the certificate and have them notarized or whatever AUS calls it. They can come in handy.


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