Unmarried/Cohabitating Partners
Unmarried or cohabitating partners (also known as domestic partners or "common law spouses") are not eligible for dependent family visas.
Options for a Cohabitating Partner to Enter the U.S.
A cohabitating partner has 2 options to enter the U.S:
- Arrange his/her own visa sponsorship from a U.S. employer or U.S. university, which may offer a visa status such as J-1 Exchange Visitor, H-1B Specialty Worker, F-1 Student etc. If the cohabitating partner arranges his/her own visa sponsorship from a U.S. employer or U.S. university, the cohabitating partner's employer or university will offer guidance about the visa process.
- Enter the U.S. with B-2 Tourist visa status.
Cohabitating partners may enter in B-2 Tourist visa status if:
- His/her primary purpose in coming to the U.S. is to accompany his/her partner, who is in an authorized nonimmigrant status; and
- He/she does not intend to work while in B-2 status.
Preparing to Enter as a B-2 Cohabitating Partner
- If the cohabitating partner does not have a valid B-2 Tourist visa in their passport, a B-2 Tourist visa must be obtained at an American Embassy or Consulate. (Only Canadian citizens do not need visas in their passports to enter the United States.)
- When entering the U.S., be prepared to demonstrate to the Immigration officer that you are a cohabitating partner. Bring copies of the documentation that accompanied your B-2 visa application and/or copies of your partner's visa documentation.
Length of Stay
- The initial length of stay granted when entering the U.S. may be up to one year, although many B-2 visitors are granted an initial period of 6 months.
- The length of permitted stay will be indicated on the I-94 record, which will be available after entering the U.S. All Foreign Nationals must review their I-94 record after entry to the U.S.
- Extensions of B-2 visa status may be obtained by traveling abroad and reentering the U.S. (the additional time must be reflected on the new I-94 record), or applying for an extension of stay while in the U.S. via Form I-539.
Limitations
- U.S. Customs and Border Protections officers require that the B-2 partner prove he/she has an actual, physical residence abroad which he/she has no intention of abandoning.
- The cohabitating partner has no basis to gain legal permanent residence (green card) in the U.S. on the basis of the cohabitating relationship.
- Our office is not permitted to assist in B applications.