B-2 for Cohabitating Partners and Household Members

In addition to be used as a visitor visa, B-2 status can be used for elderly parents, cohabiting nonimmigrant partners, and other household members of principal nonimmigrant. Thee are also circumstance when it may be inconvenient or impossible for impossible for spouses or children of principal nonimmigrant aliens to apply the proper derivative status. These aliens may seek B-2 visas, or change their status to B-2, so to allow them to reside with the principal nonimmigrant visa holder who is in the United States in another status (H-1B, F-2, etc.)

The B-2 holders may also seek extensions in six month increments from the USCIS for the duration of the principal alien’s nonimmigrant status. When evaluating an application for change of status or extension of B-2 status based on cohabitation, the cohabitating partner’s relationship to the nonimmigrant principal alien in another status will be considered a favorable factor in allowing the household member to obtain or remain eligible for B-2 classification.

When considering a change of status and/or multiple extensions for the cohabitating partner or other household member, the finite nature of the stay, rather than the duration of the stay or number of extensions sought, is controlling with respect nonimmigrant intent. For example, the visit should be considered temporary even if the status may be extended several times over several years in order to match an extended course of stay undertaken by the principal alien.

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