Another B2 Question

All questions and topics related to US work visas, immigration, etc should be posted here.

Moderator: visaplace.com

TorontoSFNew Member
Topic author
Posts: 2
Joined: 19 Sep 2008

Another B2 Question

Post Fri Sep 19, 2008 1:54 pm

Hi, I tried really hard to scroll through the other topics to get the info I'm looking for, but there were too many snippets in too many places. Hopefully, someone won't mind answering yet another B2 question.

Details seem to help, so here goes:

I'm a Canadian lawyer with an American boyfriend (actually, he's dual). We've been together for seven years but we don't want to get married.

I flew to California on May 24 to take the bar exam so that I could practice there (so I'm on a B2). I've booked my return back to Canada for November 22. Right now, I'm looking for a job, but not having any luck.

My question is, assuming I can't find a job, after I leave on November 22, what are my chances of re-entering on a second B2? If I'm completely honest with the customs agent, I will say: "My partner of 7 years is American and works in California. I'm qualified to practice in California and can support myself while I'm looking for a job. I plan on staying as long as it takes me to get a job, up to six months."

I suspect there are many, many problems with this, but if someone can point out why exactly and if there's anything I can do to make my story more "palatable" to the customs agent, I would really appreciate it.

Also, if you honestly think that my only chance of re-entering is on a fiancee/spousal visa, then please let me know.

Thank you very much!
Toronto in SF
Top
Reba

Post Sat Sep 20, 2008 6:59 am

Yeah, if you tell them you're there to live with your American boyfriend and to look for a job, they're just going to turn your ass around and send you back to Canada. Possibly even bar you from re-entry until you get some sort of visa that allows you to enter.

One - you can't just up and live in the US without FIRST obtaining some sort of either work visa (TN or H1B) or a family class visa (fiancee or spouse). I think according to what's allowed on a B2, you can go for a job interview, but you can't go to look for a job. So your job search has to be done from outside the US basically.

Two - if you tell them you're there specifically to look for a job and you're going to stay until you find one, well, that's not entirely legal, so they're just going to deny your entry on both counts.
Top
StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: Another B2 Question

Post Sun Sep 21, 2008 5:09 pm

TorontoSF wrote:"My partner of 7 years is American and works in California.


USCIS agent thinks: going to stay permanently, is not a visitor.

I'm qualified to practice in California and can support myself while I'm looking for a job.


Going to work without work authorization.

I plan on staying as long as it takes me to get a job, up to six months."


Looking for work as non-immigrant, which is illegal.

You'd be on your way home and possibly facing a ban if you came out with all that.

You cannot look for work as a visitor, bear that one in mind. You can go in as B-1 to attend a specific job interview that was pre-arranged, but that's it.

First of all to do this legally you would need a job, and the employer would have to sponsor you. Most people use TN-1 in this situation but you have the additional problem of having a US boyfriend, which blows "non-immigrant intent" out of the water if it comes up as no USCIS agent is going to believe you don't intend on staying permanently.

Possibly H-1B but that's always a crap shoot because of the quota.

Really you may not want go get married to your boyfriend but it's the simplest solution, by far. Then you get a K-3 visa or he sponsors you on an I-130, the second option usually being the best (99.9% of the time) unless you have a really complex tax situation.
Steve.
Top
TorontoSFNew Member
Topic author
Posts: 2
Joined: 19 Sep 2008

Post Wed Sep 24, 2008 11:27 am

Thank you Reba and Steven, I really appreciate your answers.
Top

Did you enjoy this post? Share it!