Can I bring my common-law partner to us?

Navigating US Visas for Common-Law Partners: More Than Just “Accompanying”

Bringing your common-law partner to the United States can be a complex process, filled with paperwork and requirements. While the idea of simply “accompanying” a principal visa holder might seem straightforward, the reality is nuanced, particularly when it comes to B-2 visitor visas. This article clarifies the process and dispels common misconceptions.

The short answer is: yes, your common-law partner can potentially come to the US with you on a B-2 visa, but it’s not a guaranteed “add-on.” Simply being in a common-law relationship isn’t enough. The US Citizenship and Immigration Services (USCIS) requires a common-law partner applying for a B-2 visa to independently meet all the requirements of that visa category. This means demonstrating they are eligible for a temporary visitor visa in their own right, not simply because they are accompanying someone else.

What does this mean in practice?

It means your partner needs to prove several key things to a US embassy or consulate officer:

• Strong ties to their home country: This is crucial. They must demonstrate compelling reasons to return home after their visit. This might include evidence of employment, property ownership, family ties, significant financial assets, or ongoing educational commitments in their home country. Simply stating their intention to return isn’t sufficient; concrete evidence is required.

• Purpose of visit: The purpose of their visit must be legitimate and fall under the B-2 visitor visa category, such as tourism, visiting family or friends, or attending a short-term event. The visit cannot be for work or study. The connection to the principal applicant’s visit should be clear but supporting evidence must independently demonstrate the purpose of their visit. For example, a statement explaining how their partner’s visit to a family member overlaps with their own plans.

• Financial capability: Your partner must demonstrate they have sufficient funds to cover all expenses during their stay in the US without needing to work. Bank statements, employment documentation, or sponsorship letters are typically required. The financial support provided by the principal applicant is usually not enough on its own; they must independently demonstrate their ability to fund the trip.

• Proof of relationship: While cohabitation is a key indicator of a common-law relationship, you’ll need to provide solid proof. This could include joint bank accounts, lease agreements, utility bills, photographs, and sworn affidavits attesting to the relationship’s duration and nature. The more comprehensive the documentation, the stronger your case.

Beyond the paperwork:

Successfully obtaining a B-2 visa for your common-law partner relies heavily on a strong application. Be prepared to address any potential concerns the consular officer might have. A well-organized application that clearly and comprehensively demonstrates your partner’s eligibility is your best chance of success. Consider seeking guidance from an immigration attorney to ensure your application is complete and persuasive.

In short, while accompanying a principal visa holder might seem to simplify the process, obtaining a B-2 visa for a common-law partner requires independent fulfillment of all visa requirements. Focusing on the individual’s eligibility, rather than the relationship itself, is key to a successful application.