B1/B2 for Domestic Partners
Dependent spouses and children of nonimmigrant visa classification holders (such as an L-1, H-1B, TN, etc.) are usually entitled to apply for derivative classifications, such as L-2, H-4, or TD in order to join the primary applicant in the U.S. When applying for these classifications, partners must prove they are part of a "valid marriage," and a Marriage Certificate is required for a spouse to enter the U.S. as a dependent. Therefore, opposite or same-sex domestic partners and common law spouses may not be eligible for these categories.
The only situation where a common law marriage may be considered a "valid marriage" by U.S. Citizenship and Immigration Services (CIS) is when the local laws of the place of residence recognize the marriage as being the equivalent in every respect to a traditional legal marriage (including all of the same legal rights and duties). Same-sex domestic partners, for immigration purposes, are not afforded the opportunity to demonstrate the existence of actual marriage or even common law marriage, even if it is recognized in their place of residence.
Alternatively, domestic partners, whether same- or opposite sex, are eligible to apply for a B-2 Visitor visa. The holder of a B-2 visa may be admitted for an initial period of six months to a year, which may be extended in six-month increments with the CIS as long as the primary visa holder remains in the U.S. However, individuals entering the U.S. with B-2 visas are not eligible to apply for employment authorization.
Please contact Grzeca Law Group for information regarding documentation or assistance with applications for a B-2 visa.
