J-1 Visa Issues and Questions
#1
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Joined: Feb 2011
Posts: 2
J-1 Visa Issues and Questions
Hi guys,
I've been reading the forum for a while now and it's been brilliantly helpful, thanks
Now I have a few questions I was hoping you can help me with, apologies for the long post in advance but please bear with me!
Firstly to set the scene i'm a UKC and my girlfriend is a USC. We met in Spain a year and a bit ago and have been together since. She has been living in Spain teaching English for the last two years and is returning to the US this summer.
I am a recent graduate and am looking at doing a year long internship on a J1 starting at the latest this June, however I have a few concerns I am hoping you might kindly be able to help me with.
The following is all based on the assumption I manage to find an internship
Firstly, I have read somewhere that the application forms for the J1 require that you declare the existence of any US relatives etc. Is this true? If so would I have to mention my girlfriend on this form? Or if asked at the interview i'm assuming I would have to reveal our relationship? (I am super keen to keep this all above board and avoid anything that could be considered immigration fraud).
I'm guessing that if they find out i'm in a relationship with a USC at this point there's a good chance my J1 application would probably be denied?
My next question leads on from this, from my research am I correct in thinking that if my J1 application is denied this will make life awfully difficult in the future with any other visa applications and I will be unable to travel to the US on the VWP anymore?
Furthermore, should I obtain a J1 visa without USCIS discovering I have a US partner, then one day we decide to marry and I come over on a K-1 will they realise that we were together when I filed the J-1 and reject my K-1 application/administer me a ban on the basis of immigration fraud?
It is worth stating that at this current point in time I have no immigrant intent, this would be a great way for me to gain some valuable work experience whilst being together at the same time for a year. My gf is currently *hopefully* in the process of obtaining Italian citizenship via jure sanguinis. Marriage at this time is also not really an option.
I would be hugely grateful for any advice you might be able to offer us, and thank you for reading this far!
Cheers,
James
I've been reading the forum for a while now and it's been brilliantly helpful, thanks
Now I have a few questions I was hoping you can help me with, apologies for the long post in advance but please bear with me!
Firstly to set the scene i'm a UKC and my girlfriend is a USC. We met in Spain a year and a bit ago and have been together since. She has been living in Spain teaching English for the last two years and is returning to the US this summer.
I am a recent graduate and am looking at doing a year long internship on a J1 starting at the latest this June, however I have a few concerns I am hoping you might kindly be able to help me with.
The following is all based on the assumption I manage to find an internship
Firstly, I have read somewhere that the application forms for the J1 require that you declare the existence of any US relatives etc. Is this true? If so would I have to mention my girlfriend on this form? Or if asked at the interview i'm assuming I would have to reveal our relationship? (I am super keen to keep this all above board and avoid anything that could be considered immigration fraud).
I'm guessing that if they find out i'm in a relationship with a USC at this point there's a good chance my J1 application would probably be denied?
My next question leads on from this, from my research am I correct in thinking that if my J1 application is denied this will make life awfully difficult in the future with any other visa applications and I will be unable to travel to the US on the VWP anymore?
Furthermore, should I obtain a J1 visa without USCIS discovering I have a US partner, then one day we decide to marry and I come over on a K-1 will they realise that we were together when I filed the J-1 and reject my K-1 application/administer me a ban on the basis of immigration fraud?
It is worth stating that at this current point in time I have no immigrant intent, this would be a great way for me to gain some valuable work experience whilst being together at the same time for a year. My gf is currently *hopefully* in the process of obtaining Italian citizenship via jure sanguinis. Marriage at this time is also not really an option.
I would be hugely grateful for any advice you might be able to offer us, and thank you for reading this far!
Cheers,
James
#2
Re: J-1 Visa Issues and Questions
Hi James,
Since your girlfriend is not a relative, I would say that you don't have to disclose that you're in a relationship with her, if they are only asking about relatives. Of course if they ask specifically about girlfriends, you will have to be honest, but I doubt they will do that.
If you get a J-1 with no home residency requirement attached, then at some point while you're in the USA, if you decide to marry your girlfriend, you can just stay in the USA and adjust your status to permanent resident (without going through the K-1 visa process).
Or, if it doesn't work out that way, having a previous J-1 visa will not hinder your K-1 eligibility.
The only sticky thing would be if you have the 2-year home residency requirement on the J-1 visa; then you'd have to stay back home for 2 years before getting another visa to the USA.
Rene
Since your girlfriend is not a relative, I would say that you don't have to disclose that you're in a relationship with her, if they are only asking about relatives. Of course if they ask specifically about girlfriends, you will have to be honest, but I doubt they will do that.
If you get a J-1 with no home residency requirement attached, then at some point while you're in the USA, if you decide to marry your girlfriend, you can just stay in the USA and adjust your status to permanent resident (without going through the K-1 visa process).
Or, if it doesn't work out that way, having a previous J-1 visa will not hinder your K-1 eligibility.
The only sticky thing would be if you have the 2-year home residency requirement on the J-1 visa; then you'd have to stay back home for 2 years before getting another visa to the USA.
Rene
#3
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: J-1 Visa Issues and Questions
Yes.
Is she related to you?
Umm... wrong.
You are incorrect.
No.
With respect, it seems you're looking for issues where none exist!
Ian
If so would I have to mention my girlfriend on this form?
I'm guessing that if they find out i'm in a relationship with a USC at this point there's a good chance my J1 application would probably be denied?
... am I correct in thinking that if my J1 application is denied this will make life awfully difficult in the future with any other visa applications and I will be unable to travel to the US on the VWP anymore?
... I come over on a K-1 will they realise that we were together when I filed the J-1 and reject my K-1 application/administer me a ban on the basis of immigration fraud?
With respect, it seems you're looking for issues where none exist!
Ian
#4
Just Joined
Thread Starter
Joined: Feb 2011
Posts: 2
Re: J-1 Visa Issues and Questions
Many thanks for your advice guys, thats made me feel a lot better - on with the internship applications!
Ian - I do tend to do that, I get nervous about these sort of things and manage to work myself up. Thanks for setting me straight
James
Ian - I do tend to do that, I get nervous about these sort of things and manage to work myself up. Thanks for setting me straight
James