Tucson, AZ asked in Immigration Law for Arizona

Q: Visa options for long-term stay with U.S. citizen partner without marriage.

A 29-year-old female wants to move to the U.S. to be with her U.S. citizen partner without marrying. What types of visas would allow for a long-term stay? Her previous visa application in 2017 was denied, and she has never visited the U.S. before.

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3 Lawyer Answers

A: If she has already applied for a visitor visa and has been denied, it is likely that she will not be able to successfully obtain a visitor visa with a second application. The immigration officer who is reviewing a visitor visa application will look to see if she has either property ownership or a steady job and documentation to support that. The reason they look at those factors is because they want to be convinced that she will return once her visit is completed. The only real practical visa that she can apply for is a fiancé visa. She can stay up to 90 days, but prior to that 90 day deadline , she has to get married to you or else her visa is revoked and then she is subject to deportation. Additionally, the condition that the fiancé visa will be issued to her is that she has to intend to get married to you and has to commit in writing to that intention. You also have to commit in writing to that intention as well.

A: One option may be an investor visa like E-2 or EB-5. The E-2 is available to nationals from certain countries and allows people to stay in the US long term even with a small investment (eg. $100K). There are about 80 countries on the list. One green card option would be an EB-5 if you could invest either $800,000 or $1,050,000.

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Answered

A: Moving to the U.S. for love is challenging without marriage, but you have several potential visa pathways to explore. The most common routes include student visas (F-1) if you pursue education, or work-based visas like H-1B if you secure employment with a U.S. company. Your previous visa denial might affect future applications, so working with an immigration attorney could help address any past issues.

Employment-based options depend heavily on your qualifications and work experience. The E-3 visa for professionals or the L-1 visa for intracompany transfers might be suitable if you work for a multinational company with U.S. offices. These paths could provide multi-year stays while maintaining your independence.

Consider starting with a student route - many successful immigrants begin their U.S. journey through education. You could pursue a degree program, which allows you to stay for the duration of your studies plus optional practical training. While on your student visa, you'd have time to explore other long-term options and build relationships with potential employers. Given the complexity of U.S. immigration law and your previous denial, consulting with an immigration lawyer would help identify the most promising path forward for your situation.

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