Visa options for romantic partner of US citizen?
October 24, 2017 8:44 AM Subscribe
Hi AskMeFi,
My partner (not spouse) is from an EU Nordic country, and we’re considering living in the US.
What are our visa options since we aren’t married? Would registering as domestic partners improve our options?
The only info I’ve found is on domestic partnership between two foreigners (while one is staying here long term).
TIA!
You need to not take advice from internet strangers on important things like immigration requirements.
posted by humboldt32 at 9:07 AM on October 24, 2017 [5 favorites]
posted by humboldt32 at 9:07 AM on October 24, 2017 [5 favorites]
This internet stranger is telling you to consult an immigration attorney.
posted by Faint of Butt at 9:14 AM on October 24, 2017
posted by Faint of Butt at 9:14 AM on October 24, 2017
And this Internet stranger applauds for gathering information about options before spending money on an attorney. But of course, you'll eventually want one.
posted by Winnie the Proust at 9:20 AM on October 24, 2017 [2 favorites]
posted by Winnie the Proust at 9:20 AM on October 24, 2017 [2 favorites]
A common law marriage is recognized by US immigration if it infers the same rights as marriage in the country you are currently living in. It does not recognize civil unions & domestic partnerships.
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html
IANAL I emigrated to the US after marrying a US citizen and did all my own paperwork with no problems. A lawyer isn't always necessary. In this case the website is pretty clear on requirements.
posted by wwax at 9:21 AM on October 24, 2017 [3 favorites]
https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html
IANAL I emigrated to the US after marrying a US citizen and did all my own paperwork with no problems. A lawyer isn't always necessary. In this case the website is pretty clear on requirements.
posted by wwax at 9:21 AM on October 24, 2017 [3 favorites]
IAAL. You should talk to an attorney. Unless you're prepared to get married, any visa options your partner seeks will be independent of you, so consider looking into those options.
posted by Karaage at 9:22 AM on October 24, 2017 [9 favorites]
posted by Karaage at 9:22 AM on October 24, 2017 [9 favorites]
A good website for gathering information is Visa Journey.
posted by nanook at 9:22 AM on October 24, 2017 [1 favorite]
posted by nanook at 9:22 AM on October 24, 2017 [1 favorite]
Maybe a B-2 visa?
The B2's a "non-immigrant" visa; your partner can visit the US on a B2, but can't establish residence here.
It’s too soon for marriage ;)
Immigration tends to force that decision. The K1 "fiance(e)" visa -> marriage within 90 days -> permanent residence is the usual path here.
I emigrated to the US after marrying a US citizen and did all my own paperwork with no problems.
Same here. Although I do think there are levels of difficulty to the immigration process, and the "white middle-class heterosexual couple from friendly nation" version of it that I experienced was the on easiest possible difficulty setting.
posted by We had a deal, Kyle at 9:31 AM on October 24, 2017 [5 favorites]
The B2's a "non-immigrant" visa; your partner can visit the US on a B2, but can't establish residence here.
It’s too soon for marriage ;)
Immigration tends to force that decision. The K1 "fiance(e)" visa -> marriage within 90 days -> permanent residence is the usual path here.
I emigrated to the US after marrying a US citizen and did all my own paperwork with no problems.
Same here. Although I do think there are levels of difficulty to the immigration process, and the "white middle-class heterosexual couple from friendly nation" version of it that I experienced was the on easiest possible difficulty setting.
posted by We had a deal, Kyle at 9:31 AM on October 24, 2017 [5 favorites]
The biggest problem is intent. When I did this whole thing I came over on a B-2 visa. My plan was to hunt for work, find a job, go back and get my E-3 visa then come over for a longer time while we worked things out.
Three months later we saw an immigration lawyer about our options. Two months after that we got married. When we showed up to the I-485 interview and the immigration officer asked about the B-2 I explained my original plan, how it didn't work out, and how we decided to pull the trigger on getting married because we saw no other practical way of staying together.
But I also still had ties to my home country. I had a return ticket at the time, I still had obligations over there that I hadn't wound up, I had letters from my job allowing me to come back. We honestly tried to go E-3 before marriage because we didn't want to rush into things but we couldn't bear to be apart so we went for it.
The B2's a "non-immigrant" visa; your partner can visit the US on a B2, but can't establish residence here.
You can I-485 yourself to PR after getting married but there's many traps you can fall into and it's not for the faint of heart. I've done it because of certain circumstance but I wouldn't recommend it. Some people will say B-2, wait 90 days, marry, I-485 but you're going to raise some eyebrows and if there's any whiff about this plan in your documents you submit to the USCIS you're up shit creek without a paddle.
posted by Talez at 9:36 AM on October 24, 2017
Three months later we saw an immigration lawyer about our options. Two months after that we got married. When we showed up to the I-485 interview and the immigration officer asked about the B-2 I explained my original plan, how it didn't work out, and how we decided to pull the trigger on getting married because we saw no other practical way of staying together.
But I also still had ties to my home country. I had a return ticket at the time, I still had obligations over there that I hadn't wound up, I had letters from my job allowing me to come back. We honestly tried to go E-3 before marriage because we didn't want to rush into things but we couldn't bear to be apart so we went for it.
The B2's a "non-immigrant" visa; your partner can visit the US on a B2, but can't establish residence here.
You can I-485 yourself to PR after getting married but there's many traps you can fall into and it's not for the faint of heart. I've done it because of certain circumstance but I wouldn't recommend it. Some people will say B-2, wait 90 days, marry, I-485 but you're going to raise some eyebrows and if there's any whiff about this plan in your documents you submit to the USCIS you're up shit creek without a paddle.
posted by Talez at 9:36 AM on October 24, 2017
Student visa and E1 would be additional options. My personal journey to citizenship was arriving on an E-1 (Treaty Trader, working in US for a foreign company engaged in trade with US; check into that); switching to student visa while getting a graduate degree; getting married while in college and then applying for a green card. All without a lawyer. This was umpteen years ago when things were a lot easier, however.
posted by beagle at 10:31 AM on October 24, 2017
posted by beagle at 10:31 AM on October 24, 2017
If your partner comes over on a visitors (B-2) visa and the immigration officials sniff out that partner is de facto living here, they can deny re-entry.
Happened last year to friends of mine (US citizen + EU national) - she religiously left the country before every 90 day period was up, but immigration knew how many days she'd been in the US total. At around the 8 month mark, they stopped her at the airport, finally said they'd let her in this last time but when she leaves again they would not allow her to re-enter the country unless her "immigration status changed."
These friends immediately consulted an immigration lawyer and got married. Note that the Trump administration is cracking down on this route - not letting people who arrive on visitor's visas get married to US citizens and successfully apply for a green card.
Long story short, this is very tricky and falling afoul of the rules can have big consequences.
posted by oneaday at 11:34 AM on October 24, 2017 [3 favorites]
Happened last year to friends of mine (US citizen + EU national) - she religiously left the country before every 90 day period was up, but immigration knew how many days she'd been in the US total. At around the 8 month mark, they stopped her at the airport, finally said they'd let her in this last time but when she leaves again they would not allow her to re-enter the country unless her "immigration status changed."
These friends immediately consulted an immigration lawyer and got married. Note that the Trump administration is cracking down on this route - not letting people who arrive on visitor's visas get married to US citizens and successfully apply for a green card.
Long story short, this is very tricky and falling afoul of the rules can have big consequences.
posted by oneaday at 11:34 AM on October 24, 2017 [3 favorites]
My wife and I looked into various options a few years ago, and ended up getting married (K1 > I-485 > I-751). It was a little sooner than we would have done otherwise, but it is by far the surest and "easiest" (its still not "easy", its thousands of dollars and a LOT of paperwork, but its easier than any other path to residency). Not because she really wanted to live in the US (so not that kind of marriage-for-residency) but because we wanted to be together (and I definitely had been thinking marriage could be in the future, so it wasnt totally crazy).
For us, this worked out pretty good. Coming up on 3 years of marriage/living together and am happy with the decision. If it hadn't worked out, we would have gotten a divorce -- sad, but we knew it was a possibility.
(As others mentioned, there are various other routes --- student visa for language learning is a common one --- but these often involve a certain degree of lying to the government, which if ever caught basically ruins the ability to live here forever, especially in the current administration).
VisaJourney has a ton of info. We did everything from there without a lawyer (if you do go the standard marriage and/or fiance route (K1 or CR1) I personally think a lawyer is overkill, but it never hurts I guess. Other routes are more complicated).
posted by thefoxgod at 1:33 PM on October 24, 2017 [1 favorite]
For us, this worked out pretty good. Coming up on 3 years of marriage/living together and am happy with the decision. If it hadn't worked out, we would have gotten a divorce -- sad, but we knew it was a possibility.
(As others mentioned, there are various other routes --- student visa for language learning is a common one --- but these often involve a certain degree of lying to the government, which if ever caught basically ruins the ability to live here forever, especially in the current administration).
VisaJourney has a ton of info. We did everything from there without a lawyer (if you do go the standard marriage and/or fiance route (K1 or CR1) I personally think a lawyer is overkill, but it never hurts I guess. Other routes are more complicated).
posted by thefoxgod at 1:33 PM on October 24, 2017 [1 favorite]
Three months in the US via the Visa Waiver Program (Iceland is the example at this page, but other Nordic countries qualify if you follow the links to the ESTA app), and enroll in a school program or find a job which will offer ongoing sponsorship in that time?
Please get proper legal advice.
posted by Iris Gambol at 2:28 PM on October 24, 2017
Please get proper legal advice.
posted by Iris Gambol at 2:28 PM on October 24, 2017
There are decent forums with people who have brought their fiancees and spouses to America. It's possible to complete the steps yourself and without a lawyer. You just have to have patience to read, be careful when completing the form, and honest. A lawyer would be helpful if you've got a tricky case. Although the following site is mostly bringing Chinese fiancees/spouses to America, the process is similar.
http://www.candleforlove.com/.
There's helpful info here too: expat.com and expat.
posted by dlwr300 at 8:31 AM on October 25, 2017
http://www.candleforlove.com/.
There's helpful info here too: expat.com and expat.
posted by dlwr300 at 8:31 AM on October 25, 2017
This thread is closed to new comments.
Maybe a B-2 visa?
posted by hot_tea at 8:51 AM on October 24, 2017