# Spouse visa Q's. Parnter on L1B



## globalmike (Sep 15, 2008)

Hi,

Currently in NZ.
Partner and I are gay. Not married.
My Partner will be applying for L1B Visa and will be residining in California.

I have following questions:

1) What defines a Spouse?
2) Do we need to get married?
3) Do we need to apply for L1B Visa and Spouse visa at the same time?
4) What are the things i need to have prepared when i ring the US Consulate here in auckland to arrange an interview?

Any help is appreciated.

Thanks
Mike


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## twostep (Apr 3, 2008)

DOMA passed in 1996 states that the federal government will not respect same-sex marriages. I have not heard of any recent changes.


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## Fatbrit (May 8, 2008)

globalmike said:


> Hi,
> 
> Currently in NZ.
> Partner and I are gay. Not married.
> ...


Bad news, I'm afraid, in that you will not qualify for an L2 visa irrespective of whether you get married or not. Immigration is a federal issue, and federal law does not recognize same-sex marriages or unions, even if some states do.

You will, however, probably qualify of a B2 visa as a long-term partner. This gives you the right to live but not work here on a temporary basis. To qualify, you will have to demonstrate both the long-term nature of the relationship and the fact you will maintain actual residency in New Zealand.

If your partner wishes eventually to convert his L1b into permanent residency (green card)rather than return to NZ, then you would lose even this accommodation. So you would need to find some other basis for your stay independently of that of your partner's status.

Of course, we're hopefully coming up for a change of government (please pray with us!), and all could change pretty quickly since immigration is undoubtedly a pressing issue.

So to answer your questions:
1) A man and a woman in marital union.
2) Irrelevant to your dilemma
3) It's better to apply for the B2 after the L1b has been issued. You do not qualify for a "spouse visa".
4) For the B2, proof of long-term relationship and ties to home country.


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## globalmike (Sep 15, 2008)

Thanks Fatbrit!

Very Very helpful information.
It seems so sad that it is the way it is.. even sadder as it will probably mean the ending of a relationship.

Oh to be straight.


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## synthia (Apr 18, 2007)

Fatbrit, I've looked, and I can't find anything that says a long-term relationship has anything to do with getting a visa. Furthermore, a B2 visa is a tourist visa, not a long term residence visa. Where did you get this information?

As far as I know, OP, you have to qualify for a visa on your own, and can only come over as a visitor, which means you will have to leave after 180 days. Even if you were in a heterosexual relationship, a partnership won't cut it here.


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## Fatbrit (May 8, 2008)

synthia said:


> Fatbrit, I've looked, and I can't find anything that says a long-term relationship has anything to do with getting a visa. Furthermore, a B2 visa is a tourist visa, not a long term residence visa. Where did you get this information?
> 
> As far as I know, OP, you have to qualify for a visa on your own, and can only come over as a visitor, which means you will have to leave after 180 days. Even if you were in a heterosexual relationship, a partnership won't cut it here.


Ordinarily the B2 will be rejected for applicants from VWP countries who would otherwise qualify for the visa waiver. There are two main exceptions to this: snowbirds of retirement age, and unmarried partners in a long term relationship with someone issued a temporary work visa. The latter came about through a memo authorizing consulates to so do, and also instructing CBP to issue 1-year entries on request to such folk. USCIS will also renew the I-94 on expiry in this case -- on payment, of course!

You'll have to wait for me to go and find the memo as I'm busy over the next couple of days. Some of the embassy sites have a reference to it if you want to go looking there.


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## Fatbrit (May 8, 2008)

synthia said:


> Fatbrit, I've looked, and I can't find anything that says a long-term relationship has anything to do with getting a visa. Furthermore, a B2 visa is a tourist visa, not a long term residence visa. Where did you get this information?
> 
> As far as I know, OP, you have to qualify for a visa on your own, and can only come over as a visitor, which means you will have to leave after 180 days. Even if you were in a heterosexual relationship, a partnership won't cut it here.


Here you go Cynthia:

B 2 CLASSIFICATION FOR COHABITATING PARTNERS

I expect to see a generous dollop of karma for digging that up for you!


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## twostep (Apr 3, 2008)

Would you settle for a cold beer?


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## Fatbrit (May 8, 2008)

twostep said:


> Would you settle for a cold beer?


Yep -- but it'll be warm if you mail it!


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## synthia (Apr 18, 2007)

Thank you for finding that, Fatbrit. So they are set as long as the one with the B2 retains a residence and does not work.

I think both Bev and I have been telling people that they can't accompany a co-habiting partner. Though I think most of them expected to work, too.


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## Tiffani (Dec 4, 2007)

the lack of same-sex spousal equivalency programs at the federal level is a bugbear of a large segment of the population that seems to be growing. Unfortunately, it will probably be a long time before real changes are made (and just when I start having hope that my people will come to their senses and be reasonable about US policy, they go and do something stupid like announce Sarah Palin as the VP candidate. But that's another kettle of fish).

Have you explored your options for going to the US on your own work visa? It's not easy but in some cases it can be done. Otherwise the B visa may be your best (and only) option


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## synthia (Apr 18, 2007)

Even if the OP had very desirable skills, the chances of finding a job and getting a visa in time to accompany someone with an L1 already in process (they are faster) are essentially zero, I think.


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## Bevdeforges (Nov 16, 2007)

synthia said:


> I think both Bev and I have been telling people that they can't accompany a co-habiting partner. Though I think most of them expected to work, too.


It also calls into question the notion of "co-habitating." If the partner has to maintain a residence in the home country, they aren't technically "co-habitating" with the person in the US.
Cheers,
Bev


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> a residence in the home country


Aunt Ethel's couch.


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## Tiffani (Dec 4, 2007)

or PO Box 123


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## globalmike (Sep 15, 2008)

To everyone who has written.
I truely appreciate your input.
You can all imagine the huge amount of stress my partner and i are going through.

This provides some light at the end of the tunnel.
I think the next step for me is to contact the USA Embassy here in Auckland NZ and tell them the situation and talk about the B Visa.

Are there any tips when talking to the Embassy eg - things not to say etc?

Mike


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## Fatbrit (May 8, 2008)

globalmike said:


> This provides some light at the end of the tunnel.
> I think the next step for me is to contact the USA Embassy here in Auckland NZ and tell them the situation and talk about the B Visa.


Embassies don't do advice. You apply, pay your money, and they accept or deny your application -- that's about it!


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## Tiffani (Dec 4, 2007)

don't say you intend to immigrate


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## globalmike (Sep 15, 2008)

Tiffani said:


> don't say you intend to immigrate



hehe i wont. He will only be going for 18 months or so.

Damn federal laws.


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## Tiffani (Dec 4, 2007)

well if you can get a B visa to stay in the US for a year and he's only going to be there for 18 months, it sounds like it could definitely work! 

Really the trick with a B visa is just to prove ties to home and financial ability to support yourself while you're in the US. Assuming there are no skeletons in your closet, of course!


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## synthia (Apr 18, 2007)

I just read an interesting article about the Canadian province of Alberta holding job fairs in the US for high tech people on work visas in the US. Apparently those that want to stay are waiting forever (at least three years) to get green cards, and feel that they are quite likely to be rejected after waiting all that time. In Canada, provinces have some control over immigration, and they can get work permits quickly, and permanent residence for employees easily, withing a year to 18 months. They have a huge shortage of technical people. Saskatchewan has the same problem, and is going to start a similar program.


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## Fatbrit (May 8, 2008)

Tiffani said:


> well if you can get a B visa to stay in the US for a year and he's only going to be there for 18 months, it sounds like it could definitely work!
> 
> Really the trick with a B visa is just to prove ties to home and financial ability to support yourself while you're in the US. Assuming there are no skeletons in your closet, of course!


He can stay here for the full 18 months. Best scenario is he gets one year at entry (ask nicely!) and then submits the USCIS application to extend for a further 6 months.


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