Same-sex UK couple, moving to the US.

[jbjc123 0]

Hello,

We are a British couple, currently living in Asia. We have been together for 9 years. At present we are not married, but had planned to marry during the Autumn of this year, now the new same-sex marriage law has come into effect in the UK.

My partner is likely to be relocating to the US later this year. I am not sure what visa he will be obtaining, but from research online, I'm guessing it's an L visa: he's worked for his company for 4+ years and will be placed in the US for a minimum of 2 years.

I have 2 questions:

1) I understand there was a ruling called DOMA which was quashed, meaning same-sex non-US spouses may move to the US with their non-US citizen spouse, by obtaining a spousal visa. Is there a minimum term that we must have been married for prior to applying for the visa?

2) Once this spousal visa has been obtained, am I then allowed to apply for a 'work permit'?

I found the picture attached on the website Permits Foundation. Is this still true? Any help would be greatly appreciated.

Thank you, JB.

[Jon and Krissy 452]

Hello,

We are a British couple, currently living in Asia. We have been together for 9 years. At present we are not married, but had planned to marry during the Autumn of this year, now the new same-sex marriage law has come into effect in the UK.

My partner is likely to be relocating to the US later this year. I am not sure what visa he will be obtaining, but from research online, I'm guessing it's an L visa: he's worked for his company for 4+ years and will be placed in the US for a minimum of 2 years.

I have 2 questions:

1) I understand there was a ruling called DOMA which was quashed, meaning same-sex non-US spouses may move to the US with their non-US citizen spouse, by obtaining a spousal visa. Is there a minimum term that we must have been married for prior to applying for the visa?

2) Once this spousal visa has been obtained, am I then allowed to apply for a 'work permit'?

I found the picture attached on the website Permits Foundation. Is this still true? Any help would be greatly appreciated.

Thank you, JB.

Hi JB,

I am not familiar with the details of work visas to come to the U.S. I'm sure someone will chime in with more information soon. However, I can assure you that as a result of the recent changes in U.S. policy, all immigration rules which formerly applied only to M/F spouses now apply identically to M/M and F/F spouses.

Best,

Jon

Edited March 29, 2014 by Jon and Sol

[jbjc123 0]

Hi Jon,

Thanks for such a speedy reply! That's great to hear about policy changes.

But may I just ask as I'm not sure was opposite-couples were entitled to... can a spouse of a non-US citizen who has a work permit, also work? Or is that what you mentioned you weren't sure about?

Sorry to be a pain.

Thanks again for your help! JB.

[Jon and Krissy 452]

Hi Jon,

Thanks for such a speedy reply! That's great to hear about policy changes.

But may I just ask as I'm not sure was opposite-couples were entitled to... can a spouse of a non-US citizen who has a work permit, also work? Or is that what you mentioned you weren't sure about?

Sorry to be a pain.

Thanks again for your help! JB.

"Spouses of L-1 visa holders are allowed to work without restriction in the US (using an L-2 visa), and the L-1 visa may legally be used as a stepping stone to a green card under the doctrine of dual intent." http://en.wikipedia.org/wiki/L-1_visa

Best,

Jon

[jbjc123 0]

Thanks so much, again, Jon! Enjoy the rest of your weekend!

[Jon and Krissy 452]

Thanks so much, again, Jon! Enjoy the rest of your weekend!

You're quite welcome!

[Harpa Timsah 13,258]

Hi jbc.

Spousal visas are only available for US citizens and permanent residents. But, since your partner will be coming on L1, then you could come as a dependent on L1, which is sort of different. I think it is called L2. It is for spouses and children of L1 visa holders.

As noted above, you could apply for a work permit on L2. L1 is a very nice visa, and can lead to a Greencard (permanent residency). If your future spouse was applying for a GC later, then they could add you into the application at the same time.

Good luck.

[jbjc123 0]

Hi Harpa,

Thank you for your reply! Great, thanks for clarification about "spousal visa", so I can stop using it.

I don't think we'll be after a green card, since we tend to move every few years. Plus I saw you have to take a residency test, and I am terrible at history! Hehe.

Harpa, if we were tentatively set to move to the US in September, do you know if there'd be any issues raised, if we only get married in May? What about if we only got married a month before moving? Could I enter America on a tourist visa and then "convert" to L2 later? I only ask, as just trying to plan how soon we need to tie the knot.

Thank you again for your help in advance, JB

[Harpa Timsah 13,258]

Hi jbc.

Length of marriage doesn't matter. As long as you are married and not a criminal or something, you will get the visa.

You don't take any test for permanent residence (that's for becoming a citizen ). But, if you don't want to live in the US then that path is not for you. It is available though, if there is a time limit on the L1 and you want to keep working in the US.

You could always relinquish permanent residency later.

I am not sure if you can change from tourist to L2 from within the US. I don't think you can, since you'd be coming on the Visa Waiver Program presumably, which explicitly does not allow a change of status.

You could come to the US to marry on your Visa Waiver though, and then leave and pursue the L visas. You don't need a special visa to marry in the US.

Good luck.

[jbjc123 0]

Thanks again Harpa. What brilliant advice!

Ok will stop my questions now and wait and see what happens.

Thanks again for all the advice.

[Harpa Timsah 13,258]

You're welcome, jbc. L visas are quick and easy to get, so it should be pretty easy once it gets going.