J-2 spouse definition

Hi,

From the Department of State website I found this definion of spouse for US visa purposes:
"Spouse: Legally married husband or wife. A co-habiting partner does not qualify as a spouse for immigration purposes. A common-law husband or wife may or may not qualify as a spouse for immigration purposes, depending on the laws of the country where the relationship occurs."

My partner and I are legally common-law in Canada. He's getting a J-1 and I'm hoping I could get the J-2 as his common law partner without getting married. Would we qualify since in our own country, this is recongised?

No. The US does not recognize defacto/common law partnerships for the purpose of obtaining visas. You need to be in an opposite-sex marriage in order for you to be recognized as a spouse and thus qualify for a J-2 under his J-1.

My partner and I are legally common-law in Canada. He's getting a J-1 and I'm hoping I could get the J-2 as his common law partner without getting married. Would we qualify since in our own country, this is recongised?

No, what you do in this situation is your partner gets B-2 status as a cohabiting partner. J-2 can get work authorization, B-2 cannot. Plus B-2 must be renewed every six months on I-539 which costs $320.

http://travel.state.gov/visa/laws/teleg ... _1414.html

Which may or may not be renewed, at USCIS discretion.

Processing fees are not refundable either if the visa is denied.

Thanks for your replies.

It seems the issue of common law going on a dependent visa might not be that clear cut as my partner contacted the International Student Advisor at the university he'll be involved with and this person seemed to think it should be possible for me to get the J-2 as his opposite sex common-law spouse, since in Canada we are legally recognised as spouses (file taxes together, share an apartment lease together, etc) and as the definition above stated, it "may" be recognised depending on the country you're coming from.

Anyway, we will probably try this and see what happens. If it doesn't work, I guess we'll either get married or I will go as a visitor and then hopefully be able to get a TN as a social worker.

-- Wed Jul 22, 2009 8:26 am --

Hello again,

Just thought I would let you know that I was approved at the border for a J-2 as a common-law partner because I gave them the definition from their website that I provided above. It was not a problem and our visas costed $6 each.

Now I have to apply for work authorisation and of course I don't know what to put under marital status because the options on the form are only: married, single, widowed, divorced. Oh well, we'll figure it out!