B2 visa to travel with L1 boyfriend

[Beet83 1]

Hi everyone,

My boyfriend has accepted a contract in the U.S. and will be obtaining 2 year L1 visa as an inter company transferee.

I plan to take a career break in order to join him on a B2 visa. We're both UK citizens and we have lived together for over 3 years. We own a property each in the UK (mine is rented out and we currently live in his). I have over £30k in savings, although my boyfriend will pay my living costs whilst in the U.S. His company are paying for the accommodation and his whole package is around $150k so it won't be a problem financially that I won't be earning.

However, my company aren't able to give me a career break and consequently I will need to leave my employment. I'm wondering how much of a problem this will be in proving I have sufficient ties?

I don't plan to be in the U.S. permanently for 2 years but I will be there longer than the VWP allows, hence the B2 application. I do have to return to the UK to sit exams in June (we plan to leave the UK in Jan) and I will stay in the UK for a couple of months to hopefully do some contract work before returning to the U.S. I'm a qualified accountant in the UK and the exams that I will sit are UK specific and not a qualification recognised in the U.S. I'm not sure if that would help the application?

Your thoughts on this would be really welcome. As for marriage - we have discussed this but feel marrying for a visa isn't the right reason and we'd be rushing it.

Many thanks!

[canadian_wife 1,822]

So you currently do not have a B visa? Without a job I do not like your chances of being granted a B visa. Why not travel on the VWP, return to the UK, then come back to the US for another short visit?

Being denied a B visa can negatively impact your ability to use the VWP

Good luck

[az2014 381]

Agree with the above.

Stick to VWP.

[Beet83 1]

Thanks for such a quick response! I don't yet have the visa, both my boyfriend and I are applying for our visas at the moment. Apparently mine is linked in someway to his? I'm not sure how true this is though.

My reluctance to use the VWP is that I can only spend 3 months at a time in the U.S. and I'd need to return for a period of time inbetween.

[Transborderwife 4,666]

Thanks for such a quick response! I don't yet have the visa, both my boyfriend and I are applying for our visas at the moment. Apparently mine is linked in someway to his? I'm not sure how true this is though.

My reluctance to use the VWP is that I can only spend 3 months at a time in the U.S. and I'd need to return for a period of time inbetween.

But if you're refused then you have no travel options. Couldn't use vwp

[Beet83 1]

I don't think VWP is viable, at 32 I feel a little old for a long distance relationship. I'm feeling a little disappointed in our attorney for not advising us that the B2 would difficult to obtain. I've only found that out through these forums! Marriage may be the only option then!

[Boiler 45,494]

I see no problem getting a B2 Cohabitating, you tick all the boxes.

Listen to your Lawyer.

Edited November 13, 2015 by Boiler

[Beet83 1]

Thanks Boiler. Do we just need to make it clear at the interview that it's a B2 cohabitating visa? There was nothing on the DS 160 to indicate that it was this variation?

[Boiler 45,494]

Glad that he is going as well and can waive the L around, I would start with this is a B2 Cohabitating, have evidence you are shacked up.

[Elf 146]

I agree with Boiler; based on what you've said here, yours is precisely the situation for which the B-2 Cohabitating is intended.

If seeing that for yourself would be reassuring, here's the reference from the Foreign Affairs Manual (emphasis in blue text mine)

9 FAM 41.31 N14.4 Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status
(CT:VISA-2195; 10-14-2014)
The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following:
cohabitating partners or elderly parents of temporary workers, students, diplomats posted to the United States, and accompanying parent(s) of minor F-1 child-student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, they should be advised to ask the Department of Homeland Security(DHS) for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States.

The original USCIS policy memo about B-2 Cohabitating status defines "household member" as

A “household member” of a principal nonimmigrant is an alien who regularly resides in the same dwelling as the principal nonimmigrant and with whom the principal nonimmigrant maintains the type of relationship and care as one normally would expect between nuclear family members

You'll still need to prove ties to the UK sufficient to overcome the presumption of immigrant intent, just as you would for a standard B-2 visa, but having lived together for 3 years, and having significantly better professional prospects in the UK than you do in the US should count in your favor.

Good luck!

[milimelo 4,477]

I imagine L2 visa being more beneficial - just get married. You don't have to stay in the US all the time, you can come and go as you wish and with L2 you can get an EAD should you wish to work in the US. One good thing is if L1 gets a green card, you get one too - not so on B2.

[Boiler 45,494]

Seems a bit like the E2, ties issue is more theoretical.

[Elf 146]

Agreed, it's more theoretical but since the requirement to show ties technically exists, I'd still be inclined to have a reasonable amount of evidence prepared in case the officer is feeling particularly picky that day.

[BlueSteel 3]

I don't believe that's a problem legally. I seen L1s with a B2 spouse all the time or TNs with VWP. Traveler just has to make the case they just temporarily visiting and not staying to live in the U.S.

[Boiler 45,494]

L1 is a temp visa.